Skip to main content

‘Let the Sun Shine In’

  • Tue Aug 29 2017, 10:17 am
By James D. York, PA

December 23, 2016

‘Let the Sun Shine In’

By James D. York, P.A.

Can your homeowner’s association legally ban solar panels? Though HOA rules can be far-reaching and very specific, this time the answer is “No,” according to Gary M. Singer, Florida attorney and board-certified real estate law expert.

Association rules and restrictions are considered a contract, already in place and voluntarily agreed to by the buyer before a home purchase. Therefore, most rules can be enforced. Generally, if a homeowner violates the HOA agreement, there will be repercussions that can include fines, a summons to court, legal fees, even foreclosure.

However, there is a specific exception for energy efficiency. The homeowner’s right to install energy-efficient add-ons like solar collectors and clotheslines has been protected by legislation that takes precedence over community association rules. The Florida statute 163.04, known as the “Solar Rights Act,” prohibits HOAs from banning solar panels—although they may determine the installation location on the roof, as long as it does not interfere with efficient solar collection.

Mr. Singer suggests that any homeowner who is challenged by their HOA over energy-efficient improvements “gently suggest” that the board check with its attorney—and there should not be any further problem. If you have any questions or concerns about this or any other real estate issue, just give us a call.


Connect With York Real Estate Group



Facebook: YorkRealEsateGroup                

Instagram: NaplesYorkRealEstateGroup




York Real Estate Group consists of James, Michael, and Morgan York, Florida Realtors with Downing-Frye Realty. James York is the winner of the prestigious 2014 and 2015 SWFL People’s Choice Realtor Award. The group has over 25 years combined experience and over $275 million in sales transactions.  Visit The York Group website at for all current MLS listings of houses for sale in Naples, Marco, Bonita, and Estero. If you have other questions, the York’s invite you to email or call them at or 239-273-6727.


BR Logo The data relating to real estate for sale on this Website comes in part from the Broker Reciprocity Program (BR Program) of these sources: M.L.S. of Naples, Inc., Bonita Springs-Estero Association of REALTORS®, Southwest Florida MLS (Gulf Coast), My Florida Regional MLS DBA Stellar MLS, Sanibel and Captiva Island Association of Realtors®. Properties listed with brokerage firms other than Featured Home Listings are marked with the BR House Icon and detailed information about them includes the name of the Listing Brokers. The properties displayed may not be all the properties available through the BR Program. The data is updated every 4 hours, but can be influenced by delays from various real estate companies entering data in MLS. Some properties that appear for sale on this website may subsequently have sold or may otherwise no longer be available. All properties are subject to price or other changes without notice. For the most current information, please contact us using this form, or click on the "Request Info or Appointment" button on the search results and detailed property pages.

The source of this real property information is the copyrighted and proprietary database compilation of the © 2022 M.L.S. of Naples, Inc., © 2022 Bonita Springs-Estero Association of REALTORS®, © 2022 Southwest Florida MLS (Gulf Coast), © 2022 My Florida Regional MLS DBA Stellar MLS and © 2022 Featured Home Listings, a Florida Real Estate Brokerage. The accuracy of this information is not warranted or guaranteed. This information should be independently verified if any person intends to engage in a transaction in reliance upon it. Information last refreshed: 2022-08-15 21:27:47

ADA Compliance

Our Web site Accessibility

We are committed to providing an accessible web site. If you have difficulty accessing content, have difficulty viewing a file on the web site, or notice any accessibility problems, please contact us to specify the nature of the accessibility issue and any assistive technology you use. We will strive to provide the content you need in the format you require.

We welcome your suggestions and comments about improving ongoing efforts to increase the accessibility of this web site.