What Can Be Done About Solar Panels?

If you are living in a homeowners association, you probably know that the Association cannot prohibit the installation of solar panels (or "solar collectors"). But what about a request to install such devices on the roof of a condominium? Section 163.04, Florida Statutes, provides:

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 erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not 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, forbid, control, or direct alteration of property concerning residential dwellings and within the boundaries of a condominium unit. Such entity may determine the location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors.

Roofs are Common Elements

Older versions of this statute did not include the words "within the boundaries of a condominium unit." While you must check your condominium documents, generally, the roofs of condominiums are common elements and not "within" the unit's boundaries. Therefore, a condominium unit owner cannot affix solar panels or cut a hole in the roof for a solar collector, which would not result in a homeowners association ("HOA").

Location of the Solar Panels

While an HOA may have architectural restrictions regarding the color, type, and appearance of its roofs, the application for solar panels may not be denied. There is minimal authority under the preceding statute to regulate the location of a solar panel. The location may be determined if the installation is within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors.

In any litigation arising from an owner's application for solar collectors, clotheslines, or other energy devices, the prevailing party is entitled to recover its costs and attorneys' fees. Therefore, when you receive an application for a renewable energy device, you should contact your Association's legal counsel.

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Have questions? Please contact Condominium Associates of South Florida. We are here for you!