For updated global info & data on COVID-19, please click HERE.For updated global data & graphs on COVID-19, please click HERE.For COVID-19 cases and death counts in USA by state, please click HERE.For COVID-19 cases in Florida via Florida COVID Action, please click HERE.For COVID-19 cases in Florida, via Florida state government, please click HERE.
Since the price of oil and our utility bills are continuing to go up, I’d like to remind everyone that the time has never been better to put solar panels on our houses, especially when there are federal and state incentives or tax credits for installing solar (https://www.dsireusa.org, https://programs.dsireusa.org/system/program/fl). Part of that process can include getting approval from our HOA’s.
I believe it is high time to remind every one about the Florida Solar Rights Act (Florida Statute 163.04), designed to protect the right of building owners to install solar panels. This law prohibits homeowner associations and other groups from preventing the installation of solar panels and clothesline (yes, clothesline), or renewable energy devices on buildings in Florida. Since this had been the law in Florida since 2011, any well informed HOA’s would not knowingly try to break the law by blocking the installation of solar panels on homeowners’ roofs. Any organization or HOA’s that would knowingly block the installation of the solar panels or renewable energy device would end up having to pay for the legal expense of both sides, if any litigation should result, as stated in 2011 Florida Statutes’ provision (3) of 163.04 Energy devices based on renewable resources, below:
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) 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. 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° east or west of due south if 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.
History.—s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249; s. 1, ch. 2008-191; s. 3, ch. 2008-227.
According to the provision (2) above, HOA’s and other organizations or groups are allowed to require their approval of solar installation plan before installation. However, approval should not be contingent upon factors that would prevent the installation from functioning properly. It means that HOA’s and other organizations can require solar panels to be placed in a specific area of the roof, so long as that area is within 45 degrees of due south. This requirement ensures that restrictions on solar panel placement do not detract from the effectiveness of the solar array since due south is the best direction for solar panels in Florida.
Once again, to check out the database of various tax credits and incentives of 50 states for energy efficiency and renewable energy projects, please click HERE.
Gathered, written, and posted by Windermere Sun-Susan Sun Nunamaker More about the community at www.WindermereSun.com
I am a mother/wife/daughter, math professor, solar advocate, world traveler, yogi, artist, photographer, sharer of knowledge/information, and resident of Windermere, FL. I've worked professionally in applied math, engineering, medical research, and as a university math professor in IL and FL for about 20 years. My husband and I loved Disney and moved down to Central Florida initially as snowbirds. But we've come to love the warmth and friendly people offered by this community and decided to move down to Windermere, FL full time in 2006. I am now spending time sharing information/ knowledge online, promoting understanding of math and solar energy (via http://www.sunisthefuture.net ), and developing Windermere Sun (http://www.WindermereSun.com) as an online publication, sharing and promoting Community ABC's (Activities-Businesses-Collaborations) for healthier/happier/more sustainable living. In the following posts, I'll be sharing with you some of the reasons why Windermere has attracted us to become full-time residents of Central Florida region. Please feel free to leave your comments via email at "Contact Us" in the topbar above or via [email protected]
~Let's help one another~
Windermere Sun-Susan Sun Nunamaker
Founder/Owner/Editor/Producer of Windermere Sun
email: [email protected]