In Seminole, FL, Florida Statute 163.04 preempts homeowner associations from prohibiting rooftop solar collectors. HOAs may only specify approved roof orientation if it does not impair solar performance, regardless of any covenant language.
Florida Statute 163.04 governs solar access rights statewide and applies in the City of Seminole. The statute makes any deed restriction, covenant, or HOA rule that prohibits solar collectors void and unenforceable. HOAs may not require advance approval to install panels in a manner that impairs system performance. They may, however, specify the location on the roof so long as the orientation remains within 45 degrees of due south and does not reduce energy production. Prevailing parties in litigation are entitled to attorney's fees, giving homeowners strong leverage if an association improperly denies an installation. The City of Seminole does not add restrictions beyond state law.
HOAs that improperly deny solar installations face civil suit, must pay prevailing-party attorney's fees, and may be enjoined from enforcing the restriction.
See how other cities in Pinellas County handle hoa restrictions.
See how Seminole's hoa restrictions rules stack up against other locations.
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