Interested in switching to solar power but worried your HOA prohibits rooftop solar panels? There’s good news – they can’t! Thanks to Florida Statue 163.04, HOA restrictions cannot prohibit the use of solar panels or equipment.
Can HOA Deny Solar Panels In Florida?
HOA’s often have a lot of control over what remodeling projects homeowners can do, especially when it is on the outside of the home. The Declaration of Covenants, Conditions, and Restrictions, also known as CC&R’s, lists the rules and regulations homeowners must abide by.
Because CC&R’s are binding legal agreements, they are subject to Florida Statute 163.04. This means that HOA’s cannot prohibit the use of solar collection devices, including rooftop solar panels and energy systems.
One caveat to Florida solar panel laws is that HOA’s may dictate the placement of solar panels and devices on your home. For example, HOA’s may try to prevent solar panels from being installed on the street-facing portion of the roof. However, according to Statue 163.04, their suggested placement cannot interfere with energy production.
What If An HOA Does Prohibit Solar Panels?
Suppose an HOA does attempt to prevent you from installing solar panels. In that case, Florida Statue 163.04 states that “any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.”
Should you be forced to file a lawsuit, the HOA would have to justify violating Florida Statute 163.04 and potentially pay your attorney fees.
Why Switch To Solar Panels In Florida?
Switching to a green energy source like solar has a significant impact on Florida residents. Not only does it reduce harmful air pollution, but it also helps slow the adverse effects of climate change caused by fossil fuel use.
Currently, fossil fuels are the primary energy source for electricity in Florida and produce an average of 54,100,000 tons of carbon pollution each year.
Every kilowatt of solar power lowers your home’s carbon footprint by over 3,000 pounds annually. For the average five-kilowatt residential system, that means one home can keep more than 15,000 pounds of CO2 out of the atmosphere every year!
With a climate ripe for solar energy production, Florida lawmakers are pushing for the transition to using 100% renewable energy, such as solar, by 2040.
Interested In Switching To Solar?
Have more questions related to “Can HOA deny solar panels in Florida?” Request a free solar energy audit today from our experts in St. Augustine, FL and learn if making the switch is suitable for your home.