JimA19 (Georgia)
Posts: 54
Posts: 54
Posted:
can anyone provide assistance regarding solar panels vs covenants
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florida HOA and solar panels
Started by JimA19 • 5 replies • 234 views
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LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By JimA19 on 03/16/2022 1:28 PM
can anyone provide assistance regarding solar panels vs covenants
can anyone provide assistance regarding solar panels vs covenants
What specifically do you want to know? Covenants really mean nothing now considering many states have passed laws that supersede covenants that prohibit the placement of PV panels on the front
facing portion of homes. Many of the national companies have a team that gets the ARC approval for you.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
My HOA in Florida recently has had to deal with some solar panel issues. There is a Florida statute that says what an HOA can and cannot do in regards to solar panels. However, it is a little vague and according to our HOA attorney, there is no case law at all. The solar panel companies will tell you that an HOA cannot regulate solar panels in their HOA. That is simply not true. An HOA can (per statute) regulate the placement of solar panels. For example, we do not allow solar panels on the front (street facing side) of a house. We successfully were able to have a homeowner remove the panels after they were declined by our HOA but the installer put them up anyway. We have another case pending where our ARC has declined an application that included placement on the front.
I can go into more specifics if you give details about what your issue is.
I can go into more specifics if you give details about what your issue is.
AugustinD
Posts: 3,698
Posts: 3,698
Posted:
Quote:
Posted By JimA19 on 03/16/2022 1:28 PM
can anyone provide assistance regarding solar panels vs covenants
can anyone provide assistance regarding solar panels vs covenants
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Found this for you.
Florida Statute 163.04 forbids any binding agreement (between HOAs or otherwise) to prohibit a property owner from installing solar. An HOA may restrict where you place your solar panels, but not if the system's performance suffers as a result.
Lori. Your HOA may be fighting a losing battle.
Florida Statute 163.04 forbids any binding agreement (between HOAs or otherwise) to prohibit a property owner from installing solar. An HOA may restrict where you place your solar panels, but not if the system's performance suffers as a result.
Lori. Your HOA may be fighting a losing battle.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Quote:
Posted By LetA on 03/16/2022 5:11 PM
Found this for you.
Florida Statute 163.04 forbids any binding agreement (between HOAs or otherwise) to prohibit a property owner from installing solar. An HOA may restrict where you place your solar panels, but not if the system's performance suffers as a result.
Lori. Your HOA may be fighting a losing battle.
Found this for you.
Florida Statute 163.04 forbids any binding agreement (between HOAs or otherwise) to prohibit a property owner from installing solar. An HOA may restrict where you place your solar panels, but not if the system's performance suffers as a result.
Lori. Your HOA may be fighting a losing battle.
We’ve had this argument before. That’s not the whole statute. It is very specific about placement restrictions based on compass directions but doesn’t specify what “performance” means. And I have had several long discussions with our very well respected HOA attorney about this subject. If the OP posts more specific questions I can try to give an educated answer.
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