Energy conservation laws may, to some extent, supersede architectural guidelines or requirements in the government documents if the resident is making modifications to conserve energy. Specifically, FS 163.04 says:

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.

The association should take the following steps to address this issue in a manner that embraces new energy technologies and avoids conflict with forward-thinking residents:

1. Ad Hoc Committee: This needs to be set up to review the modification of architectural guidelines and as it relates to energy consideration modifications.

2. Attorney: Should be engaged in this process to review and provide final drafts of legal language and process to ensure optimal compliance and avoid wasted efforts and loopholes.

3. Resident Survey & Communication: This should be conducted to receive all inclusive feedback on the type of energy conservation modifications that the community is interested in. and keep everyone informed on the process.

4. New Guidelines: Should be inclusive of all acceptable energy conservation devices or modifications and methods of installation that will provide for the best aesthetic conformity and preserve the overall community appearance. For example, if solar panels are to be installed, they should be required to be installed away from the street view to the rear or side of the home.

5. Final Guidelines & Process: This should be posted on the community website and seamlessly embedded into the online architectural modification form/process to simplify requesting parties and approving parties.

Energy conservation is a reality that is happening now. Not embracing it and establishing guidelines now will only lead to a patchwork of different standards that will make the community look aesthetically unappealing and create internal strife and conflict.