Restrictions on the Size, Number & Quantity of Solar Panels in Florida

The Law

• Florida prohibits local governments or homeowners associations from adopting covenants or restrictions outlawing the installation of solar panels on a home, according to Florida Statute 163.04. In addition to protecting solar collectors and other renewable energy devices, the law establishes a homeowner may have a clothesline on which to hang his wash --- seemingly out of place, but also a measure to reduce energy consumption.

Allowable Restrictions

• The law makes one allowance for a restriction on solar panels, but it only involves placement of the units --- no limits are set on the size or number of panels or their overall product quality. A homeowners association may adopt certain rules designating panels will be installed only on south-facing roofs or within 45 degrees either way of due south. The restriction on panel placement also may be written into the legal recorded deed for the property.

Legal Actions

• Even the one restriction has legal limits, however; the local rule shall be void if the orientation of the panel limits or prevents its effectiveness. Homeowners may challenge associations in court if they feel local covenants are in violation of Florida law. Due to the clear language of the law and its predecessors, though, few challenges appear to have been filed. In one 2003 suit, a Palm Beach County homeowner recovered more than $3,800 in fees and damages because the homeowners association improperly ordered removal of a solar lighting tube.

Results

• With the government's encouragement, property owners have rushed to make the investment in solar energy. A 2009 project in Gainesville to buy back electricity from solar-power-producing homes had about 70 participants in the first month it was offered. Today, the state's Office of Energy, under the direction of the Florida Department of Agriculture and Consumer Services, develops and implements policy related to the development of incentives and installation of clean or renewable power sources.