Solar Installation and HOA Rules in Palm Beach Gardens
- Blue Energy Electric
- Sep 20
- 7 min read
If you're a homeowner in Palm Beach Gardens and considering solar, there’s a good chance your home is governed by a homeowners association (HOA). And that raises an important question:
Can your HOA stop you from installing solar panels?
The answer is clear in Florida law—they can’t. But the process still comes with conditions, limits, and practical steps that matter.
At Blue Energy Electric, we help Palm Beach County homeowners navigate solar installation—including working within HOA design guidelines, review committees, and permitting.
Call us at 772-232-6594
Learn more about solar installations in Palm Beach Gardens
Do HOAs Have the Power to Deny Solar Panels in Florida?
No. Under Florida Statute §163.04, HOAs cannot prohibit a homeowner from installing solar panels or other renewable energy systems.
The statute clearly states:
“A deed restriction, covenant, or similar binding agreement may not prohibit or have the effect of prohibiting the installation of solar collectors.”
This applies to:
Rooftop solar panels
Solar water heaters
Other renewable energy devices
This law has been in place for over a decade and is backed by legal precedent. Its intent is to support Florida’s clean energy goals and prevent community associations from standing in the way of homeowners seeking energy independence.
What Can HOAs Still Regulate Legally?
While they can’t block your solar project, HOAs do retain some authority over placement and aesthetics—but only within limits.
Florida Statute §163.04 Allows HOAs To:
Determine panel location on the roof → Only if the alternative location doesn’t impair performance by more than 10%
Require submission of plans, layouts, or equipment details for approval
Apply uniform aesthetic guidelines, like mounting height or spacing—again, only if they don’t reduce efficiency
Regulate installation on common elements (especially in condos)
According to the University of Central Florida’s Energy Research Center, HOAs cannot require placement that leads to significant shading, unusual wiring, or additional structural work that raises cost or cuts performance.
Understanding the “10% Rule” in Florida Solar Law
Florida law limits how far an HOA can push you to modify your solar design.
Any HOA-imposed change must not reduce solar output by more than 10%.
That means:
You’re not required to hide panels in the backyard if it ruins efficiency
They can’t force a design that puts panels on a heavily shaded side of the roof
They can’t demand panel colors or finishes that materially reduce energy output
If your original design proposal meets code, and their suggested changes reduce system production by more than 10%, you have legal grounds to object.
How This Applies in Palm Beach Gardens
Palm Beach Gardens is located within Palm Beach County, where solar is actively supported by local policy.
According to the Palm Beach County Office of Resilience, Florida law prohibits HOAs from banning solar installations outright. The county also supports streamlined solar permitting and encourages renewable adoption.
That said, your HOA may still:
Require you to submit diagrams and elevations
Ask for proof of licensed contractor work
Enforce community design rules—as long as they don’t impair function
If you're in a condo or townhome, check whether the roof is part of common property. If it is, solar rights may be more limited or require board-level permission.
Common Conflicts Between Homeowners and HOAs
Despite the legal protections, disputes still arise—usually when aesthetics and performance clash.
Most Frequent Points of Tension:
Panels on front-facing roofs
Battery storage or conduit visibility
Roof access shared in multi-unit buildings
Uninformed ARC boards imposing restrictions they cannot legally enforce
Delays in review or lack of timely responses
Some HOAs attempt to enforce rules that appear neutral but functionally block solar—like requiring back-roof placement in full shade, or decorative treatments that harm output.
In these cases, homeowners may cite §163.04 and seek resolution or legal support.
Have questions about your HOA’s solar rules?
How to Get HOA Approval for Solar in Palm Beach Gardens
Even though Florida law protects your right to install solar, most homeowners associations (HOAs) still require formal approval through their Architectural Review Committee (ARC). Getting approval is often straightforward—if you know the process and your rights.
At Blue Energy Electric, we’ve helped dozens of homeowners across Palm Beach Gardens successfully navigate HOA reviews while staying compliant with Florida’s solar rights law.
Step-by-Step: Navigating the HOA Solar Review Process
1. Review Your HOA Documents
Check your HOA’s governing documents or Design Review Guidelines. These will outline:
Required submission documents
Review timelines
Architectural standards or placement preferences
Note: Any restrictions that functionally block solar, or impair output by more than 10%, are not enforceable under Florida Statute §163.04.
2. Prepare a Complete Solar Proposal
HOAs can legally request detailed plans, including:
Roof layout with solar panel positioning
Equipment specifications
Electrical wiring diagrams
Mounting hardware details
Aesthetic information (conduit visibility, finish, elevation view)
This example from Siegfried Rivera shows how a clear, complete submittal reduces pushback.
3. Work With a Licensed Installer Familiar with HOAs
Partner with a solar installer who understands both:
Florida’s legal limits on HOA authority
The ARC documentation and communication process
This helps avoid unnecessary rejections and streamlines approval.
4. Negotiate Within Legal Limits (If Needed)
If your HOA requests changes:
Ask for the justification
Request a written explanation of how the change does not impair system efficiency
Reiterate the 10% output protection under §163.04
Offer reasonable compromises (e.g., conduit painted to match roof, mounting height adjustments)
Can an HOA Legally Delay or Deny Your Project?
Delays are common—but excessive delay or unjustified denial may be a violation of Florida law.
What the Law Says:
HOAs must not prohibit solar installations
Restrictions must be reasonable and uniformly applied
The homeowner has legal recourse if delays or denials violate statute
Attorney’s fees can be awarded to the prevailing party in solar-related disputes
This gives homeowners significant leverage if an HOA attempts to deny or stall your project without legal cause.
What Happens If an HOA Violates §163.04?
When an HOA imposes restrictions that violate Florida solar law, homeowners have several options
.
Common Violations:
Forcing solar panel placement on shaded roofs
Denying panels on street-facing slopes without performance analysis
Requiring custom aesthetics that reduce energy output
Failing to respond within a reasonable timeframe
Applying non-uniform standards across the community
Your Options as a Homeowner:
Inform the board in writing and cite the statute directly
Request a hearing or internal appeal
Seek mediation or legal support if the violation continues
File a legal claim—Florida courts have supported solar homeowners, and the statute allows recovery of legal fees if you prevail
University of Central Florida’s legal guidance confirms these rights and suggests approaching HOA disputes firmly but professionally.
Why HOA Delays Are More Common Than They Should Be
Many HOA boards simply don’t understand the law. They may:
Assume they can dictate panel placement
Misinterpret visibility or aesthetic concerns as grounds for denial
Follow outdated rules that conflict with §163.04
Delay approval because of lack of internal process
Education and proper documentation often resolve these issues—but in persistent cases, legal guidance may be necessary.
Why Blue Energy Electric Makes HOA Approvals Easier
Navigating the intersection of solar rights law, HOA restrictions, and local permitting can be overwhelming for homeowners.
Our team helps by:
Preparing complete ARC/HOA packets
Communicating directly with boards or ARC members
Ensuring system design is optimized within legal limits
Documenting performance metrics to enforce the 10% rule
Aligning solar designs with aesthetic preferences—without sacrificing efficiency
We’ve worked with HOAs throughout Palm Beach County and understand how to comply without compromise.
Call 772-232-6594
What About Condos and Shared Roofs?
Solar rights become more complex in condominiums or multi-unit properties, where the roof is often considered common property.
Florida Statute §163.04 Still Applies — But With Limits
The statute allows a condo unit owner to install solar devices only “within the boundaries of the unit.”
That means:
You can install solar on a private patio or balcony (if within your deeded unit)
You cannot install solar panels on a roof or exterior wall that is a common element without board approval
This limitation has led to disputes across Florida. In most cases:
You’ll need association-wide approval for rooftop installations
The board may consider shared solar systems or community-scale setups
Florida HOA & Condo Law Blog recommends that condo owners propose pilot projects or work with boards to revise declarations that allow shared renewable systems.
What About Battery Storage or Backup Systems?
Florida Statute §163.04 primarily addresses solar collectors, but the same legal principles often extend to related renewable energy devices—such as battery storage.
HOAs Typically Cannot:
Ban battery systems outright, if they’re part of a solar installation
Force concealment or placement that impairs access, maintenance, or performance
Apply restrictions that materially increase installation costs
However, many HOAs are still unfamiliar with energy storage systems. To avoid friction:
Provide detailed system specs with your ARC submission
Include safety data sheets and code compliance info
Address noise, size, and visual concerns proactively
At Blue Energy Electric, we regularly integrate battery systems like Enphase or Powerwall in Palm Beach Gardens homes—including those in HOA-regulated neighborhoods.
Legal Protection and Leverage for Homeowners
If you face an HOA that is overstepping its authority or delaying your project unfairly, you have rights—backed by state law.
Homeowners May:
Cite Florida Statute §163.04 in communications with the ARC or board
Request written justification for any denial or restriction
Seek mediation, legal review, or court action if the HOA refuses to comply
Recover attorney’s fees if they prevail in a legal challenge
Energy law experts at UCF confirm that this legal structure is designed to prevent both direct and indirect barriers to solar access.
In several Florida cases, courts have ruled in favor of homeowners, finding HOA restrictions invalid under §163.04 when they compromised performance or applied rules inconsistently.
Final Tips for Solar in HOA Communities
If you’re a homeowner in Palm Beach Gardens living under an HOA, here’s what to remember:
DO:
Know your rights under Florida Statute §163.04
Submit a complete ARC package with plans, specs, and elevations
Work with an installer who’s handled HOA reviews before
Be polite but firm when restrictions exceed the law
Use documentation to prove system orientation and output metrics
DON’T:
Accept arbitrary denials or delays
Agree to changes that reduce system performance >10%
Assume your HOA is always following legal boundaries
Forget that legal costs may be recoverable if you prevail
Ready to Go Solar in Palm Beach Gardens?
We’ve worked with HOAs across Palm Beach County and understand how to:
Get your system approved without delay
Design solar setups that balance performance and compliance
Handle documentation, permitting, and communication with HOA boards
Or call us directly at 772-232-6594
Start your solar journey by contacting us here
Blue Energy Electric is here to help you make solar simple, legal, and HOA-compliant in Palm Beach Gardens.