HOA Solar Access Law Statute 163.04

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HOA Solar Access Law Statute 163.04

Before getting residential solar, you need to consider whether it’s worth investing in solar. There are a variety of things that may make residential solar unattainable. One area that many have concerns about is Florida HOA solar access laws. Some fear that these laws make it so HOAs can restrict the benefit of solar. Let’s take a deeper look at what these HOA solar access laws do, so you can determine whether they’re harmful or beneficial.

Things To Consider When you Live in a Florida HOA

Floridians living in a neighborhood with an HOA have more to consider than their solar benefits. HOA Homeowners typically have to go through the HOA before making any additions or alterations to their residences. These restrictions protect the values of the neighborhood and the worth of the homes. While many argue that solar increases home value, some feel solar aesthetics detract from the neighborhood. Others are concerned about the potential reflection of the modules. Thankfully, Florida has a solar rights act that helps protect homeowners that want solar on their homes.

Florida Solar Rights Act and Statute 163.04: An In-depth Look

Statute 163.04 prohibits ordinances, covenants, or deeds from restricting renewable energy equipment. However, these entities can control the location of the solar array as long as it doesn’t impair the effective production of the solar panels. In most scenarios, this means that the HOA could determine the exact position of south-facing solar panels and solar panels within 45 degrees east or west of due south.

History Behind HOA Access Law

The HOA Access Law helps protect homeowners from overly restrictive HOA requirements. It makes it possible for all qualified and interested parties to add solar to their home.

Impact Statute 163.04 Has on Homeowners

The problem is that even though this statute protects Floridians from unreasonable HOA restrictions, not everyone is aware of this solar rights act. Some Florida HOAs have solar restrictions. It’s important to know that if the HOA restricts homeowners from putting solar on the front of their home, but it’s also the only place with sufficient sunlight, Florida homeowners have the right to put it there. However, they will most likely have to go through proper legal channels. If you are interested in adding solar to your home but have a restrictive HOA, we encourage you to seek legal advice before determining that solar isn’t an option. You can also refer your HOA to our HOA and Solar Panels FAQ page or set up a solar presentation with your HOA and Go Solar Group. 

Is Solar Worth it for Florida Homeowners in HOAs?

The quick answer to this question is a resounding yes. Residential solar can significantly decrease electricity bills, providing homeowners with more financial freedom while decreasing their carbon footprint. The solar savings varies on the amount of energy the home typically uses and the offset of the solar array. However, typically, Floridian homes have a quick ROI and significant savings. According to Solar Reviews, Florida solar arrays have a payback period of 8-9 years. EnergySage claims a similar payback period of 7.2 – 9.7 years for Florida solar arrays with an 80 – 109 percent offset. As you can see, this solar policy is beneficial to the public. However, Florida doesn’t just protect homeowners from restrictive HOAs. It also has a favorable net metering policythe federal solar tax credit, a property tax exemption, and a solar sales tax exemption.

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