Solar on a townhouse in Florida

Yes. Section 163.04 bars deed restrictions, covenants and declarations from prohibiting, or having the effect of prohibiting, solar collectors on residential buildings. Its wording covers residential dwellings, with no limit to detached or single-family homes. A 2008 law removed the old three-story limit, so taller townhouses are covered too.

The association can still decide where panels go on the roof, within 45 degrees east or west of due south, as long as its choice doesn't impair the system's performance. See Florida HOA solar rules.

It depends on how the community is set up, not on how the building looks. Many townhouse communities are homeowners' associations under Chapter 720, where each owner usually owns the lot and the roof above it. Others are condominiums under Chapter 718, where the roof is usually a common element owned by all owners together.

• Fee-simple townhouse (HOA): the roof is generally yours, so the solar rights law applies like any house.
• Condo-style townhouse: the law's protection stops at the boundaries of your unit, which usually don't include a common roof. The board can install solar on common elements for the owners' benefit without a unit-owner vote.

Read your declaration to see which you have, and who maintains and insures the roof. If the association maintains it, expect conditions on installation and on removing panels for a future reroof.

Fewer than you might think, because of firefighter access rules. Florida's residential building code requires at least two pathways at least 36 inches wide from the lowest roof edge to the ridge, on separate roof planes, and a clear strip along the ridge. Leon County's table, for example, calls for 18 inches on each side of the ridge when panels cover a third of the roof or less, and 36 inches above that.

On a narrow townhouse roof, those clearances can take a large share of the usable space, so ask for a roof layout before you pay a deposit. Local building departments apply the rules, and some exceptions exist, such as very low-slope roofs.

Yes, if the system is on your own metered account. FPL net meters a system that offsets use at the customer's own metered service account, and it swaps in a meter that measures what you send to the grid. Most Florida townhouses already have their own FPL meter. Systems up to 10 kW (Tier 1) pay no application fee. See Florida net metering.

If your roof can't take panels, FPL SolarTogether is a subscription that needs no roof at all; see FPL SolarTogether vs. rooftop solar.

1. 1

   Read the declaration

   Find whether it's an HOA or a condo, who owns the roof and what the architectural review process is.

2. 2

   Get a layout from the installer

   Ask for a drawing that shows the fire pathways and panel placement facing as close to south as the roof allows.

3. 3

   Apply before work starts

   The association can require an application and approval, and can regulate how high panels sit above the roof, but it can't deny a system that meets the law.

4. 4

   Keep it in writing

   If the association insists on a spot that cuts production, Florida law says its placement choice can't impair the system's effective operation.

Under s. 163.04, the winning side in a dispute over these rules can recover reasonable attorney's fees. See what solar would save on your bill with the solar savings calculator.