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Frustrated homeowner pursues legal action after 'ignorant' HOA denies money-saving upgrade: 'They should not be allowed to stop me'

"I'm so upset."

"I'm so upset."

Photo Credit: iStock

A Florida homeowner was livid when their homeowners association barred them from adding solar panels to their roof.

Unfortunately, this isn't the first time an HOA has interfered with money-saving and eco-friendly home upgrades. Solar panels are a perpetual target because HOAs don't like how they look.

That's in spite of the fact that solar panels are the No. 1 way to lower your energy bill — sometimes bringing it to $0 — while reducing your planet-heating air pollution. To make it easier, EnergySage offers a free online service to help you compare quotes and save up to $10,000 on solar installation. 

In this case, the original poster believed they had the law on their side. However, the HOA said that the OP's shared roof complicated the issue.


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To get started, just answer a few questions about your home — no phone number required. Within a day or two, EnergySage will email you the best options for your needs, and their expert advisers can help you compare quotes and pick a winner.

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"I'm so upset," they wrote. "The ignorant HOA is trying to stop me from putting Solar Panels on my roof [and] according to Florida Statute 163.04, they should not be allowed to stop me. However, the HOA is saying that because its a shared roof, Florida law does not apply? … The HOA is also saying that the roof's warranty will be voided by the placement of solar panels, which I find a little hard to believe."

Sadly, the HOA may have had a point. One commenter outlined the difficulties. "Are you titled as a condo or a seperate house?" they asked. "Legal ownership gets funky between the 2. Technically condo means you own only the interior space and the roof is owned by the HOA whereas the separate house you own your house and the portion of the roof that's above your head. In Chicago there are a lot of townhouses that are titled as condos and that's what stops people a lot of times."

It seems this homeowner was not in a position to take advantage of EnergySage's helpful tools for installing solar, including its state-by-state mapping tool. However, depending on the exact rules, they might be able to participate in Palmetto's LightReach solar panel leasing program. Otherwise, their best option is community solar.

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