Can An HOA In Florida Deny Solar Panels?
Homeowners' associations (HOAs) are common in Florida, and they often have the power to make decisions about the appearance and functionality of properties within their communities. One question that homeowners may have is whether an HOA in Florida can deny solar installations on properties. In this article, we will explore the laws and regulations surrounding solar installations and HOAs in Florida.
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Florida Law on Solar Installations
Florida law is generally supportive of solar installations. In 2008, the state passed the Florida Solar Rights Act, which prohibits HOAs and local governments from prohibiting the installation of solar collectors, equipment, or systems on residential properties. This means that homeowners in Florida have the legal right to install solar on their properties, regardless of any HOA rules or regulations.
However, there are some limitations to this law. The Florida Solar Rights Act does not apply to commercial properties, and it also allows HOAs to impose "reasonable" restrictions on the installation of solar systems. These restrictions cannot be arbitrary or discriminatory and must be based on safety or aesthetic considerations.
HOA Restrictions on Solar Installations
While HOAs cannot outright prohibit solar installations, they may have rules and regulations that govern the placement, size, and appearance of solar systems. For example, an HOA may require that solar panels be placed on the back of a property rather than the front, or that they be installed in a certain way to match the aesthetic of the community.
It is important for homeowners to review their HOA's rules and regulations before installing solar on their property. If there is a dispute between the homeowner and the HOA over the installation of solar, the homeowner may have to file a complaint with the Florida Department of Business and Professional Regulation.
Conclusion
In conclusion, an HOA in Florida cannot deny solar installations on properties. However, they may have restrictions on the placement, size, and appearance of solar systems. Homeowners should review their HOA's rules and regulations before installing solar on their property, and if there is a dispute, they may have to file a complaint with the Florida Department of Business and Professional Regulation. Florida law is generally supportive of solar installations and homeowners have the legal right to install solar on their properties.
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