Every state has its regulations for solar, but in Florida, Statute 163.04 forbids H.O.A.s to prevent a property owner from installing solar. This statute states that a deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors from being installed on buildings. H.O.A.s may restrict where you place your solar panels, but not if the system’s performance suffers.
The H.O.A. cannot prevent the installation of solar panels on a roof merely because the solar panels would be visible from the street. An architectural review board or committee can dictate where on a home’s roof that solar panels may be installed but not if this makes the solar system less efficient or increases the cost to install it in a less-than-optimal location. Any requirement(s) that solar panels be screened from view by trees or fences will generally violate the statute for two reasons: shading of the solar panels and the added cost of the visual barrier. And solar panels installed on the ground (ground mount) cannot be required instead of rooftop installation.
An HOA would rarely be able to dictate where to put solar panels anywhere other than the location that makes the most sense from a performance standpoint. The law has been challenged, upheld, and courts have sided very clearly with homeowners.
