Terra Green Solar

Can My Florida HOA Stop Me From Going Solar?

Last checked: 2026-10-17 · Reviewed by Terra Green Solar

Generally, no. Under Florida Statute 163.04, your community's deed restrictions, covenants or declaration cannot ban solar panels or have the effect of banning them, and the HOA or committee that approves changes to homes cannot refuse you permission to add them. What your association can do is choose where on the roof the panels go, as long as that spot faces south (or within 45 degrees east or west of due south) and the choice does not impair the panels' effective operation.

This page is general information about Florida law, not legal advice. For advice about your own home or a dispute, talk to a Florida attorney.

What the law says

Section 163.04 of the Florida Statutes uses the term solar collectors, alongside other energy devices based on renewable resources, and does not define those terms. It was last amended in 2008. In plain English, it says:

  • Private restrictions can't ban them. A deed restriction, covenant, declaration or similar binding agreement "may not prohibit or have the effect of prohibiting" solar collectors, clotheslines or other renewable energy devices on buildings on the lots it covers. So the law looks at what a restriction does in practice, not only at outright bans.
  • Permission can't be refused. Anyone given power by those documents to approve changes to a property, such as an HOA or its architectural committee, cannot deny a property owner permission to add them. The law says this applies to residential dwellings and within the boundaries of a condominium unit.
  • Local governments can't ban them either. A local ordinance that prohibits them, or has that effect, is not allowed.
  • Legal fees can follow the winner. In a lawsuit under this section, the side that wins is entitled to costs and reasonable attorney's fees. That cuts both ways, so get advice before a disagreement becomes a lawsuit.

What your HOA can still decide

Where on the roof. The association may pick the specific roof location, but only within the south-facing range above (a roof face pointing anywhere from southeast to southwest), and only if its choice does not impair the panels' effective operation.

The approval process. If your community's documents require architectural approval, apply before any work starts. Section 163.04 says permission may not be denied; it does not say you can skip asking. Under Florida's homeowners' association law, Chapter 720 (section 720.3035), an association's architectural review power reaches only as far as the declaration of covenants, or published guidelines it authorizes, states or reasonably implies. The association must apply those standards reasonably and equitably to all owners.

Two protections in section 720.3035 that help here:

  • Since July 1, 2026, an association cannot require you to get a government building permit before it will review your request (chapter 2026-63, Laws of Florida).
  • If it denies a request, it must tell you in writing which specific rule or covenant it relied on and which part of your plan does not conform.

What the statute does not spell out. Section 163.04's rule on private restrictions speaks of devices on buildings and of roof locations. It does not spell out roof faces outside the south-facing range, ground-mounted panels, or appearance rules. If one of those applies to you, ask a Florida attorney where you stand.

If you live in a condominium

Chapter 720 does not apply to associations regulated under Chapter 718, the condominium law (section 720.302). Section 163.04 still applies, and its wording on permission refers to the boundaries of a condominium unit. It also says it does not apply to patio railings in condominiums, cooperatives or apartments. Check your condominium documents to see whether your roof is part of your unit, and ask an attorney if you are unsure how the law applies to your building.

Practical steps

  1. Get your documents. Ask your association for the declaration of covenants, the architectural guidelines, the application form and how long reviews take.
  2. Get a roof plan from your contractor. Ask the licensed contractor you choose for a drawing that shows where the panels would sit and which direction each roof face points.
  3. Apply in writing before work starts. Submit the architectural request with that drawing. Keep copies and note the date you sent it.
  4. If the HOA proposes a different spot, ask your contractor in writing whether that spot would impair the panels' effective operation. That is the test the statute uses.
  5. If the HOA says no, ask for the written reasons Chapter 720 requires. Before a dispute with an HOA over changes to your property goes to court, Florida's HOA law requires the side bringing it to serve a written demand for presuit mediation, with exceptions such as emergency relief (section 720.311). A Florida attorney can guide you through those steps.

Sources

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