Florida HOA Restrictions Law: Statewide Solar Energy Rules (2026)

Key Facts

Statute: F.S. 163.04(2)
HOA bans: Void and unenforceable
Location authority: Limited if performance preserved
Remedy: Damages plus fees

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can my Florida HOA require panels only on the back of the roof?

Only if the back-roof location does not reduce solar output or increase costs significantly. If south-facing front placement is needed for performance, the HOA must allow it.

What if my HOA architectural review denies my solar application?

The denial is unenforceable under F.S. 163.04. You can install the system and seek damages plus attorney fees if the HOA tries to fine or sue.

Florida Voids HOA Solar Panel Bans Statewide

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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