Florida Statute 163.04 preempts HOAs and the City of Tarpon Springs from prohibiting solar collectors, allowing only narrow placement decisions that do not impair operation, giving Tarpon Springs homeowners strong rights to install solar.
The Florida Solar Rights Act, codified at Florida Statute 163.04, prohibits any deed restriction, covenant, declaration, or local ordinance from preventing the installation of solar collectors and other renewable energy devices on buildings. HOAs in Tarpon Springs may determine specific roof placement, but only within an arc oriented south or within 45 degrees east or west of due south, and only if the determination does not impair the system's effective operation. HOAs cannot require costly screening, set arbitrary panel-color requirements, or deny installation outright. Disputes are resolved through civil court actions and the Florida Department of Business and Professional Regulation.
Civil litigation, attorney fees against HOAs that improperly deny systems, and potential injunctions ordering installation to proceed.
See how other cities in Pinellas County handle hoa restrictions.
See how Tarpon Springs's hoa restrictions rules stack up against other locations.
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