Florida - What are the do's and don't in Solar panel installation

Does anyone have solar panels. Florida. Can the HOA tell you where to install them. There is an owner that just installed them without ARC or Board approval and people are in an uproar because it is definetly an eye soar on the roof at the front of the house. What do HOA's say about solar panels?

I am part of the Board, we did not approve them neither has the ARC. As to our very vague documents, there is nothing in them on solar panels. The State laws says that HOA's can restrict some things, not sure what because it's not stated.

Maritza,

Per FL 163.04, the Association can not deny the installation of solar panels. However, the Association "may determine the specific 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."

I suspect that the owner simply thought that since the Association couldn't deny, they didn't need to ask. Of course, that would be an incorrect thought but a common mistake. My suggestion, have the owner simply submit paperwork after the fact for documentation purposes. Run articles in your newsletter reminding everyone of the need to seek prior approval for exterior changes and move on to more important business.

HOA's Cannot disallow any homeowner to install solar panels on their home due to the Florida Solar Law.

This is the law below:

163.04 Energy devices based on renewable resources.—
(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.
(2) 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 with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific 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.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.
(4) 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.

Tony

Granted an association cannot disallow but they can control where installed:

Per what you quoted: Such entity may determine the specific 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.

You sound like an owner that would install without asking.

Was the intent of 163.04 to just allow on owner "owned" roofs. In our case our roofs are common element. Is the intent of 163.04 just to allow owners who own their own roof the ability to install solar and not on the common element? We have 4 plex designed townhomes and the roof belongs to the community and not the owner. This legislation is vague regarding the common element. Does anyone know if the 163.04 allows owners to install on the common element?

Shelia is right, Herb. When you do start a new thread, check 163.04 to see if there are any updates to it or even to see if there's new legislation that clarifies it.

Next, does your HOA now have ARC guidelines about solar?

In Calif. and I imagine elsewhere, in situations like your 4-plexes, an owner is allowed to install solar but would have to jump through many required hoops and spend lotsa money to do it. The main reason is that the HOA's job is to protect the common areas and no owner may do anything to imperil them. So the board, Community Mgr. or ARC Committee would and should monitor every aspect of such an installation when finally approved.