Florida Solar
Rights Act
The Florida Solar Rights Act, also known as Florida statute 163.04, is a law that safeguards the rights of property owners to install solar panels. This law in Florida disallows homeowner associations and other similar groups from obstructing the installation of solar panels on buildings within the state.
While these associations and groups can request for their approval on solar system plans prior to installation, they cannot base their approval on conditions that would hinder the proper functioning of the installation. For instance, they can specify a particular area of the roof for the placement of solar panels, provided that the area is within 45 degrees of due south. This is to ensure that the solar panels can operate effectively, as facing due south is the optimal direction for solar panels in Florida.
Let's consider an example
Suppose TR is contemplating moving into a neighborhood with a homeowner association (HOA). The house TR is considering buying faces east-west with the front facing south. The HOA’s restrictions prohibit the installation of solar panels that are visible from the street. The only part of the roof that meets this requirement and is available to TR is the back, which faces north.
So, what rights does TR have under the Florida Solar Rights Act? The Act stipulates that an HOA cannot prevent TR from installing solar panels. This includes any prevention based on requirements that would position the solar panels more than 45 degrees away from due south. Since the only part of the roof that TR has within 45 degrees of due south faces the street, TR must be allowed to install solar panels facing the street, despite the HOA’s requirements that the solar panels be out of sight. In other words, the HOA’s requirements cannot legally be enforced in TR’s case.
Additional Details on the Florida Solar Rights Act
The Florida Solar Rights Act also extends its provisions to clotheslines and “other energy devices that utilize renewable resources.”
Here is the complete text of the Florida Solar Rights Act, also referred to as the Florida Solar Rights Law or Florida statute 163.04
Regardless of any provision of this chapter or any other provision of general or special law, the enactment of an ordinance by a governing body, as defined in this chapter, which bans or effectively bans the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is explicitly prohibited.
A deed restriction, covenant, declaration, or similar binding agreement cannot ban or effectively ban the installation of solar collectors, clotheslines, or other energy devices based on renewable resources on buildings constructed on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner cannot be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, prohibit, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit.
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 in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs 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.
The Florida Solar Rights Act is a significant piece of legislation that protects the rights of homeowners and businesses to install and use solar energy systems. This law plays a crucial role in promoting the use of renewable energy in the state.
Protection of Solar Installations
The Florida Solar Rights Act, under Florida Statute 163.04, forbids any entity—including homeowner associations—from prohibiting the installation of solar or other renewable energy devices on Florida buildings
Restrictions on Homeowner Associations
While a homeowner association (HOA) may require approval of a system installation, it may only establish restrictions that are reasonable, not arbitrary, and uniformly imposed. These restrictions cannot act to impair the performance of a solar system or it may be seen as “effectively” prohibiting solar.
Location of Solar Collectors
The HOA may determine where on the roof the solar collectors may be installed, so long as the installation is within the area required for its effective operation, that is, south, 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 system installation cost.
Litigation and Costs
In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees