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YOUR DOCS CAN’T STOP SOMEONE
FROM BEING ENVIRONMENTALLY FRIENDLY
By
Eric Glazer, Esq.
Published June 21, 2021
You know
those provisions of your governing documents that prohibit
owners from altering the appearance of their home or condominium
unit from the outside? Well, to some extent, those provisions
are useless if the owner is trying to conserve energy.
Florida Statute 163.04: Energy devices based on renewable
resources.—
(2) 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 the deed
restriction, covenant, declaration, or binding agreement. 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
entity may determine the specific location where solar
collectors may be installed on the roof within an orientation to
the south or within 45° east or west of due south if such
determination does not impair the effective operation of the
solar collectors.
(3) In any litigation arising under the provisions of this
section, the prevailing party shall be entitled to costs and
reasonable attorney’s fees.
This is a
statute that most practitioners in community association law
don’t have much experience with. It’s apparent however that as
solar technology improves, certainly more private homes in an
HOA may switch over to solar power. There may be new roofs that
are solely made of black solar panels rather than colorful
barrel tile roofs that look great and provide for uniformity.
There may be solar collectors on the front lawns of homes or
even in the windows and balconies of condominium units.
So the
question is………….. are you in favor of allowing owners the
opportunity to use these solar collectors or other energy
devices, or would you rather an aesthetically pleasing look and
uniformity in appearance?
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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