Requests to install solar panels are now common in Florida communities. Owners want lower power bills, and boards want to protect the appearance of the community and the condition of roofs. The rules that apply are set mainly by one state statute, section 163.04.
This article is general information and is not legal advice. The association's attorney should be consulted.
What the Statute Says
Under section 163.04, a deed restriction, covenant, declaration, or similar binding agreement may not prohibit, or have the effect of prohibiting, solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings on the lots or parcels it covers.
The statute also provides that a property owner may not be denied permission to install solar collectors or other energy devices by any entity that has the power to approve or control alterations of property with respect to residential dwellings and within the boundaries of a condominium unit.
In short, an association may not use its architectural review power to say no to solar.
What an Association May Still Decide
The statute leaves a limited role for the association. The association may determine the specific location on the roof where solar collectors are installed, within an orientation to the south or within 45 degrees east or west of due south, as long as that determination does not impair the effective operation of the collectors.
In practice, this means:
- An application process may be required so the board can review the proposed location and installation details.
- A location may be designated within the permitted orientation, but a location that would make the system ineffective may not be required.
- Requirements that have the effect of a prohibition, such as rules so costly or restrictive that solar is no longer practical, should be avoided.
Questions about additional conditions, such as appearance or the routing of conduit, should be reviewed with the association's attorney, because the statute is broad and the line between a reasonable condition and an effective prohibition is not always clear.
Condominium Roofs
In most condominiums, the roof is a common element rather than part of any unit. The statute's protection applies to installations "within the boundaries of a condominium unit." Because a roof usually lies outside those boundaries, a condominium unit owner generally does not have a right under section 163.04 to place panels on the building roof or to cut into it.
The declaration of condominium controls where unit boundaries lie, so it should be reviewed in each case. A board that wants to pursue solar for common areas, such as a clubhouse or pool equipment, should consult the association's attorney about approvals and how the project would be paid for.
The statute also states that it does not apply to patio railings in condominiums, cooperatives, or apartments.
Attorney's Fees
Section 163.04 provides that in any litigation arising under the statute, the prevailing party is entitled to costs and reasonable attorney's fees. An improper denial can therefore become expensive for the association. For that reason, a solar application should be answered promptly and reviewed with counsel when there is any doubt.
A Practical Review Process
- An application form should ask for a site plan, panel layout, roof orientation, and the contractor's license and insurance.
- The application should be reviewed by the architectural committee or board within the time set by the governing documents.
- If a different location is needed, it should be stated in writing and kept within the permitted orientation.
- Roof warranties and the contractor's responsibility for roof penetrations should be addressed.
- Decisions should be recorded and applied consistently to every owner.
Other limits on association rules are described in
what homeowners should know about HOA backyard rules, and the role of the board in these decisions is covered in
the role of the board of directors.
Help With Architectural Requests
Architectural applications, committee scheduling, and owner communication are handled for the communities managed by Condominium Associates. To talk about solar requests in your community,
contact us.
