Section 163.04 - Energy devices based on renewable resources

1 Analyses of this statute by attorneys

  1. Limitations on Community Association-Imposed Solar and Renewable Energy Restrictions

    Shumaker, Loop & Kendrick, LLPClinton MorrellOctober 31, 2016

    However, Florida Law provides substantial protection to homeowners wishing to install solar collectors and other renewable energy devices on their properties. Specifically, Florida Statutes § 163.04(2) provides: (2) A deed restriction, covenant, declaration, or similar binding agreement may not 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 restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit.