A request lands in the board packet for rooftop solar or a low-water front yard, and somebody moves to deny it. What a Florida HOA cannot prohibit is set by statute, and the declaration will not tell you where those lines fall. That is where a Licensed Community Association Manager (CAM) does the most good. At Synergistic Community Association Management, we review the governing documents against current statutes and provide the board with an answer before the vote. Florida Homeowners Association (HOA) boards hit this every year.
Highlights
- Under FS 163.04(2), a Florida HOA may not ban solar collectors, clotheslines, or other renewable energy devices, whatever the deed restriction or declaration says.
- FS 163.04(3) awards costs and attorney fees to the prevailing party, so a Florida HOA denial that does not hold up is paid from the operating budget.
- Florida HOA documents may not prohibit Florida-friendly landscaping under FS 720.3075(4)(b) and FS 373.185(3)(b), with the term defined at FS 373.185(1)(b).
- Since July 1, 2026, a Florida HOA may not require a building permit before its architectural committee reviews a request, under FS 720.3035 as amended by chapter 2026-63.
- Synergistic Community Association Management gives Florida HOA boards peace of mind by checking architectural requests against current statute before the board votes.
What the solar statute takes off the table
FS 163.04(2) applies to any deed restriction, covenant, or declaration, and to the architectural review committee acting under one. Neither may prohibit these devices nor deny permission to install them. The board keeps one lever. It may set the roof location, provided the collectors are oriented to the south or within 45 degrees east or west of due south, and the placement does not impair effective operation. Push an array onto a shaded north face, and the association has prohibited it in practice. Ground mounts are a live question because the prohibition applies to devices installed on buildings erected on the lots.
Can an HOA require turf instead of Florida-friendly landscaping?
Wall-to-wall sod covenants have been a problem for years. FS 720.3075(4)(b) says HOA declarations, articles, and bylaws may not prohibit or be enforced so as to prohibit Florida-friendly landscaping, and FS 373.185(3)(b) says the same of deed restrictions and covenants. FS 373.185(1)(b) defines it as landscapes that conserve water, adapt to local conditions, and tolerate drought. Architectural review survives all of this, and a board can hold owners to reasonable standards for borders and upkeep. A turf mandate is hard to defend, since requiring sod everywhere effectively prohibits the alternative.
What nobody can see from the street
FS 720.3045 covers items on a parcel not visible from the frontage, an adjacent parcel, an adjacent common area, or a community golf course: artificial turf, boats, flags, vegetable gardens, clotheslines, recreational vehicles. The statute preserves only general law and local ordinance as limits. Older backyard rules often conflict with it.
What changed on July 1, 2026
House Bill 803, chapter 2026-63, added language to FS 720.3035 barring an association or its architectural committee from requiring a building permit before it reviews a proposed improvement. Boards still holding permit applications have to stop.
Does any of this apply to a condominium?
No. Chapter 720 does not govern a Condominium Owners Association (COA). FS 163.04 applies there on narrower terms, and Chapter 718 controls the common elements, so a condominium owner has no statutory right to the roof.
Looking for a community association management partner in Florida?
If your board is holding a request it is not sure it can deny, call before the denial letter goes out. Synergistic Community Association Management is a certified woman-owned firm managing HOAs, COAs, and master associations across Florida. Local Tampa team, Midwestern work ethic, and one dedicated local contact for every community rather than a call center queue.
This post is general information and not legal advice. Consult association counsel about your governing documents.
Liz Welch, Licensed Community Association Manager, Broker and Owner
Phone: 813-940-8588
Email: hello@synergisticcam.com
Web: https://synergisticcam.com/
Office: 4511 N. Himes Ave., Suite 125, Tampa, FL 33614
Synergistic CAM manages communities throughout Florida.
