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.
See how Vero Beach's hoa restrictions rules stack up against other locations.
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