Florida Statute §163.04 prohibits HOAs from preventing solar panel installation. HOAs may determine placement but cannot effectively ban solar or impose requirements that reduce performance more than 10 percent or increase cost by over $1,000.
Florida has one of the strongest solar access laws in the country. FL §163.04(2) declares void any deed restriction, covenant, or HOA rule prohibiting solar collectors on buildings. HOAs may determine specific location where collectors can be placed on the roof, but only if that placement does not impair effective operation. FL §163.04(3) prohibits requirements that increase cost by more than 1 percent or decrease performance more than 10 percent. Most Brevard County HOAs (including Viera, Suntree, Baytree, Heritage Isle) have updated CC&Rs to comply. HOAs may still require architectural review submittal, color matching of conduit/wiring, and aesthetic screening of ground-mounted systems. Approval timeframes typically 30 days under most CC&Rs.
HOA solar bans: unenforceable, homeowner may sue for damages and attorney fees. HOA approval denial without valid reason: FL §163.04 violation, potential $500 per day penalty assessment.
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Titusville, FL
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