I am interested in having a solar system installed at my residence, but my homeowners association refuses to allow solar collectors to be installed. What are my rights in this issue?
Florida law forbids ordinances, deed restrictions, covenants, or similar binding agreements from prohibiting solar equipment use. Under this law, a homeowner may not be denied 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…” permission to install a solar collector, clothesline, or other energy device using renewable resources. While a homeowner cannot be prevented from installing a solar energy system, certain restrictions may be imposed without violating the law. However, those restrictions must be reasonable, not arbitrary, and uniformly imposed on homeowners in a subdivision. The restrictions cannot act to impair the performance of a solar system or it may be seen as “effectively” prohibiting solar. The law specifically prohibits a homeowner association from preventing the installation of solar collectors on the roof. Although the association may determine where
