Homeowners associations may not prohibit individuals from installing solar collectors on the roof of the home. However, the association may determine the placement of the collectors as long as they are not more than 45 degrees East or West of due South.

Lastly, any stipulations or restrictions made by an association such as, placing them in a direction that does not face the road, screening them from view by trees, fences or placing them in a location not feasible for heating will typically violate this state statute. The full text version of this state statute can be found below or more formally on the web at the Florida Solar Energy Center (FSEC). CHAPTER 163
INTERGOVERNMENTAL PROGRAMS

Florida Statutes (Full Volume 2002)
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) No deed restrictions, covenants, or similar binding agreements running with the land shall 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 restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, 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 degrees east or west of due south provided that 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.

Zager Plumbing and Solar, Inc
149 SE 4th Street
Deerfield Beach, FL 33441
1-800-870-6321
954-481-2629
Fax: 954-481-1654
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Florida Solar Energy Industries Association

Plumbing Heating Cooling Contractors Association

American Solar Energy Society

International Solar Energy Society

"Green" Hotels Association

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