Florida Statute 163.04: HOA and Condo Limits on Solar Collectors and Clotheslines

Quick Answer

Florida Statutes section 163.04 says 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" it covers. An HOA or condominium architectural review body may not deny permission to install solar collectors, but it may choose the roof location within limits. The statute's last amendment was in 2008.

The one thing boards most need to know: you can control where solar panels go on the roof (south, or within 45 degrees east or west of due south) only if your choice does not impair how well the panels work.

At a Glance

What the Law Says

Subsection (1): local ordinances

A governing body may not adopt an ordinance that "prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources." That subsection speaks to cities and counties, not associations.

Subsection (2): deed restrictions and approval bodies

This is the association subsection. It has three parts:

• 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" it.
• "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 an 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 if such determination does not impair the effective operation of the solar collectors."

Subsection (3): attorney fees

The prevailing party in litigation under the section is entitled to costs and reasonable attorney's fees. The text does not say who may sue; it applies to "any litigation arising under the provisions of this section."

Subsection (4): intent and exception

The Legislature states its intent as protecting public health, safety and welfare by encouraging renewable resources and preventing measures that could drive up the cost of owning commercial or residential property. The subsection ends: "This section shall not apply to patio railings in condominiums, cooperatives, or apartments."

What This Means in Practice

For boards and architectural committees

Our reading: an association can still run an application process for solar, but the outcome cannot be a denial of solar collectors. What the statute leaves to the association is the specific roof location.

• Roof placement. You may direct panels to the south-facing area or an area within 45 degrees east or west of due south. The statute adds a limit: the choice cannot "impair the effective operation of the solar collectors." It does not define "impair" or say how to measure it. That is an open question.
• No outright ban. A rule that bans solar collectors in the declaration, or a rule that has the effect of a ban (for example, unreachable location or design requirements), is what "have the effect of prohibiting" is aimed at.
• Clotheslines. The same sentence protects clotheslines and "other energy devices based on renewable resources." Our reading is that this covers more than panels, but the statute does not list other devices. Check with counsel before applying it to a specific device.
• Appearance rules. The statute does not say whether an association may require screening, conduit color, a licensed installer, or similar conditions. A condition that makes installation impractical risks the "effect of prohibiting" language.

For owners

• The statute guards the right to install, not the right to choose any roof location.
• If a dispute ends up in court, the loser may pay the winner's costs and attorney's fees under subsection (3).
• For condominium owners, the approval language covers installations "within the boundaries of a condominium unit." Whether roofs and other common elements fall under it is not spelled out; open question for counsel.

What the law does not say

• It does not set an application deadline for the association.
• It does not address insurance, roof warranties, or structural review.
• It does not address building permits or code compliance; those are governed separately.
• It does not list how a board should decide which roof section faces south; the statute gives an orientation, not a method.

Related rules for HOAs

Section 720.3045, created in 2023 and amended in 2024, separately bars an HOA from restricting items not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course. The current list of examples includes "clotheslines." See our HB 437 page and the flags and displays page.

Timeline

Related Florida Law

• Architectural control (720.3035)
• Flags and displays in HOAs (720.304 and 720.3045)
• HB 437 (2023) right to install, display and store items
• Homeowners' Association Act (Chapter 720)
• Condominium Act (Chapter 718)

Board Checklist

• Search your declaration, rules and architectural guidelines for any language that bans or restricts solar collectors or clotheslines.
• Remove or stop enforcing any provision that prohibits solar collectors outright.
• Write a roof-placement standard that tracks the statute: south, or within 45 degrees east or west of due south.
• Do not apply a placement standard when it would impair how the panels operate; document how you decide.
• Review application forms and conditions for any requirement that effectively makes installation impractical.
• Decide with counsel how your community treats clotheslines and other renewable energy devices.
• Keep a record of each solar application and the reasons for any location decision, given the fee-shifting in subsection (3).

Frequently Asked Questions

Can a Florida HOA ban solar panels?

No. Section 163.04(2) says a deed restriction or similar binding agreement "may not prohibit or have the effect of prohibiting solar collectors" from being installed on buildings on the covered lots or parcels.

Can an association decide where solar panels go on the roof?

Yes, within limits. It may determine a specific roof location "within an orientation to the south or within 45 degrees east or west of due south if such determination does not impair the effective operation of the solar collectors."

Does this apply to condominiums?

The text covers approval bodies with power over alteration "within the boundaries of a condominium unit." How it applies to common-element roofs is not stated, so confirm with counsel.

Are clotheslines protected too?

Yes. Section 163.04 names clotheslines alongside solar collectors. Subsection (4) excludes "patio railings in condominiums, cooperatives, or apartments" from the section.

What happens if an owner sues over a solar denial?

Subsection (3) says the prevailing party "shall be entitled to costs and reasonable attorney's fees."

Has the solar statute changed recently?

The History line ends with chapter 2008-227. We found no amendment from 2021 through 2026 in the 2026 statutes.

Where This Comes From

We read the full text of section 163.04 and its History line in the 2026 Florida Statutes on Online Sunshine, plus the 2026 text of section 720.3045. The official page is Online Sunshine, section 163.04. We did not search for court opinions or agency guidance interpreting subsection (2) and did not read the bill history of the 1980 to 2008 acts, so this page does not describe how courts have applied the statute.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.