Florida Statute 163.04 preempts HOAs in Pinellas County from prohibiting solar collectors, allowing only narrow placement controls within 45 degrees of due south that do not impair system performance.
Florida Statute 163.04 (Solar Rights Act) declares void any deed restriction, covenant, or HOA rule that prohibits or has the effect of prohibiting solar collectors, clotheslines, or other renewable-energy devices on residential property. Subsection (2) blocks association boards and architectural review committees from denying solar applications. Subsection (1) permits HOAs to dictate specific roof location only within an orientation to the south or within 45 degrees east or west of due south, and only if the chosen location does not impair effective operation. Subsection (3) awards prevailing-party attorney's fees in litigation. The statute applies in all 24 Pinellas cities and unincorporated areas.
HOAs that wrongfully deny solar may be ordered to permit installation and pay the homeowner's attorney fees and costs under FS 163.04(3). Continued obstruction can support contempt sanctions in court.
Pinellas County, FL
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See how Pinellas County's hoa restrictions rules stack up against other locations.
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