A Home Owner’s Association (HOA) in Florida cannot stop you from installing solar. There are also rules regarding an HOA’s control over solar panel placement.
Knowing these laws can allow you to fulfill your solar installation and challenge any HOA that tries to confront you.
Florida Homeowners Association (HOA) Solar Law
Here’s what Florida Statute 163.04 says:
“No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or 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, covenants, 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 an entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that such determination does not impair the effective operation of the solar collectors.”
Put simply this means:
- HOAs are forbidden from prohibiting a property owner from installing solar.
- An HOA can restrict solar panel placement, but not if the solar panel’s performance suffers as a result.
House Bill 697 expanded this legislation, allowing:
- Condominium boards can install solar on their properties to benefit unit owners, without their prior approval.
- Unit owners can install solar within their own condos.
Florida Statute 704.07 also allows you to negotiate solar easements to guarantee that a property owner’s solar panels get enough sun exposure.
What If The HOA Tries to Challenge Me Despite the Law?
We advise you to show the HOA the Florida statute that gives you the right to have solar panels on your property.
The Statute also says that:
“Any litigation arising under the provisions of this section, the prevailing party shall be
entitled to costs and reasonable attorney’s fees.”
If they read that, they might realize it’s not wise for them to consider taking legal action against you.
It can also be wise to get a written copy of any solar panel requirements you have from your solar installer, as this can be used to argue that the HOA’s placement restrictions negatively impact the solar system’s performance. For example, your installer may tell you that your panels need to be pointing at a specific angle and away from the shade of a nearby tree.
Note that the Home Owners Association may require approval for any solar application. When using Florida Power Services ‘The Solar Power Company’, we will provide you with the appropriate documentation and permits for a smooth installation.
Other Florida Solar HOA Tips
We recommend the following steps of action when installing solar panels in a Home Owners’ Association:
- Know your solar rights
- Learn about your HOA
- Plan your approach
- Organize your pro-solar neighbors
- Meet with your HOA board
- Overcome any objections
- Install your solar panels with a reputable Florida solar installation company
- Celebrate your success with clean energy!
Who Owns My Roof?
To qualify for solar you’ll first need to determine who owns your roof and to gain an initial assessment.
If you are unsure the following questions can help:
- Who has authority over your roof? It may be an HOA, or you may own a portion of the roof space above your home.
What Else Should I Know About My Roof?
- If the roof is older than 15 years, then it may be advisable to replace it before installing solar.
- Do you have enough space to install solar panels? You should have at least 800 square feet of clear roof space.
- What direction does the sunshine throughout the year? Are there buildings, trees or other objects causing shade?
Do You Know Your Neighbors?
Disputes and politics with your neighbors are possible. Knowing the following information can help you move through these misunderstandings quickly.
Anyone who is already pro-solar is your new favorite neighbor!
- Who has ultimate authority over the roof space’s use?
- Is there an HOA Board, representative or property manager that you may need to liaise with?
- Are they aware of the Florida statute regarding solar and HOAs?
- Are other neighbors interested in going solar? Reaching out and rallying your neighbors to support it can help you overcome disagreements faster.
- When trying to convince neighbors remember the key pros of solar:
- Clean, future-proof energy.
- Boost in property value.
- Immediate savings on your utility bill.
- Make money by selling excess solar energy back to the grid via net metering.
- Use solar batteries to keep your lights out when the grid is down in storms.
Save Thousands with Federal Solar Tax Credits
In 2023, you can reduce your solar installation costs by 30%!
Federal Tax Credits allow you to get a reduction on your federal income tax bill, at 30% of your solar installation costs!
Here at Florida Power Services ‘The Solar Power Company’, we can help you through the process.
- For example, $5,000 Federal Tax Credits = $5,000 reduction on your income tax bill.
- No maximum value!
- Roll over to next year!
- Retroactive on solar panel systems installed in 2022.
Federal Tax Credits apply to:
- Shipping Costs
- Solar batteries, powered by solar panels
- Solar Equipment
- Solar Installation Fees
- Solar PV and Solar cells
- Electrician Fees
- Energy storage systems, powered by solar panels.
- Engineer Fees
- Permit Fees
- Permitting Service Costs
Read our complete Florida Solar Tax Credits Guide for more!
Hire a Florida Solar Installation Company Today!
If you’re interested in going solar and would like a company that can provide the documents for a smooth installation in an HOA, then we can help!
Florida Power Services ‘The Solar Power Company’ is a highly rated, fully certified local solar company that can help you install a dream, rooftop solar system. We also provide financing and plans to give you the best return on investment.
We welcome you to contact us today or call (727) 667-9955 to install solar panels in Tampa. Reach out today to see if solar is right for you, you’ll be glad you did.