Florida law renders unenforceable any HOA covenant or rule prohibiting solar collectors. HOAs may dictate where on a roof panels go only if the alternate location does not impair system performance.
Section 163.04(2), Florida Statutes, voids any deed restriction, covenant, or HOA rule preventing installation of a solar collector. HOAs retain limited authority to specify a location on the roof, but only if the alternate location does not impair system performance or increase installation cost by more than ten percent. Florida appellate courts (e.g., Lake Padgett Estates) have repeatedly enforced this preemption against community associations. Mandatory aesthetic screening that reduces output is unlawful.
Owners may recover actual damages plus reasonable attorney fees from HOAs that violate F.S. 163.04. Courts may issue injunctions ordering the association to permit installation as designed.
Martin County, FL
Under Martin County Code section 67.305, construction, repair, alteration, or demolition work on buildings, structures, roads, or projects is prohibited betw...
Martin County, FL
Martin County regulates noise under Chapter 67, Article 10 of the Code of Ordinances (Environmental Control). Section 67.305 prohibits specified noises and e...
Martin County, FL
Under Martin County Code Ch. 115 (Motor Vehicles and Traffic), no person may leave a salvage, junked, or abandoned vehicle on any road, street, alley, highwa...
Martin County, FL
Storage and parking of recreational vehicles β including boat trailers, camping trailers, travel trailers, motorized dwellings, and tent trailers β on reside...
Martin County, FL
Martin County Code section 9.90 requires that dogs in unincorporated Martin County be restrained by a leash, chain, or other similar device when off the owne...
Stuart, FL
Stuart, FL currently prohibits backyard chickens citywide under Code of Ordinances Chapter 8 (Animals). On May 7, 2026, the Community Redevelopment Board vot...
See how Stuart's hoa restrictions rules stack up against other locations.
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