If you live in a development or condominium for which approval must be obtained for the installation of a solar energy system, you need to understand the state laws regarding installation of solar energy systems.

Florida law forbids ordinances deed restrictions, covenants or similar binding agreements from prohibiting solar equipment use. Under the law, a homeowner may not be denied by “any entity granted the power or right in any deed restriction, covenant or similar binding agreement to approve, forbid, control or direct alteration of property…”—permission to install a solar collector, clothesline or other energy device using renewable resources.

While a homeowner cannot be prevented from installing a solar energy system, certain restrictions may be imposed without violating the law. However, those restrictions must be reasonable, not arbitrary and uniformly imposed on homeowners in the subdivision. The restrictions cannot act to impair the performance of a solar system or it may be seen as “effectively” prohibiting solar.

The law specifically prohibits a homeowner association from preventing the installation of solar collectors on the roof. The association may determine where on the roof the collectors may be installed, so long as the installation is within the area required for its effective operation, that is, facing south or within 45° east or west of due south. The association is, thereby, limited in imposing requirements which would effectively restrict the system’s operating efficiency or increase the installation cost. As such, requirements for screening the system from view, whether by trees or fences, ground-mounting or limiting visibility from the street, are contrary to the spirit and letter of the law. Requiring the system to conform to a certain color (i.e.-blending with the roof color) also is prohibited by the statute, since the collector surface must be black to effectively absorb the sun’s heat (and, in fact, is the only available material on the market).

It is important to seek the approval of a homeowners association prior to the installation of a solar system. Section 163.04 does not waive the need for association approval if it is required by the governing documents.

Florida Statute—Section 163.04

Energy devices based on renewable resources—
(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.

(2) No deed restrictions, covenants or similar binding agreements running with the land shall prohibit of have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenant or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south provided that such determination does not impair the effective operation of the solar collectors.

(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.

(4) The legislative intent in enacting these provisions is to protect the public health, safety and welfare by encouraging the development and use of renewable resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the cost of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums cooperatives or apartments.

History-s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249.