St. Petersburg, FL Solar Energy: HOA Restrictions (2026)
Key Facts
- State law
- FS 163.04 Solar Rights Act
- HOA bans
- Preempted statewide
- Placement
- Within 45 deg of south
- Remedies
- Civil suit, attorney fees
Summary
Florida Statute 163.04 (Solar Rights Act) preempts St. Petersburg HOAs from banning solar panels, allowing only limited placement guidance that does not impair operation.
163.04 Energy devices based on renewable resources. — (1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.
(2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.
(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.
Full Breakdown
Florida Statute 163.04, the Solar Rights Act, preempts deed restrictions, covenants, and HOA rules in St. Petersburg from prohibiting solar collectors or other renewable energy devices. An HOA may suggest a specific roof location only if the panels can still be oriented within 45 degrees east or west of due south without impairing performance. HOAs cannot require ground mounts, screening that reduces output, or aesthetic vetoes that effectively prevent installation. Disputes are handled in civil court, and the prevailing homeowner can recover attorney fees in some cases. The City of St. Petersburg does not add aesthetic review for residential rooftop solar beyond Florida Building Code permits.
Violations & Fines
HOAs that violate FS 163.04 can be sued by homeowners; courts may void the restriction, order installation, and award attorney fees and damages to the prevailing homeowner.
Frequently Asked Questions
Can my St. Petersburg HOA deny solar panels?
What if my St. Pete HOA still refuses solar?
Sources & Official References
Other rules in St. Petersburg
Florida rules heatmap·Compare St. Petersburg to another location·View the Florida solar energy overview
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HOA Restrictions in Nearby Cities
How other cities in Pinellas County handle hoa restrictions.