Florida Solar Easement and Access Laws

Florida law forbids ordinances, deed restrictions, covenants, declarations or similar binding agreements from prohibiting the use of solar collectors (including clothes lines) or “other energy devices based on renewable resources,” although certain restrictions related to visibility may be imposed on property owners, as long as the effective operation of the system does not suffer as a result. Community associations are specifically prohibited from preventing the installation of solar collectors on residential rooftops. Legislation that took effect in July 2008 (HB 697) extended the application of the renewable energy access law to condominiums. Interestingly, a condominium or a multi-condominium board of administration may, without approval of the unit owners, install solar collectors (including clotheslines) or other energy-efficient devices on association property for the benefit of the unit owners, while unit owners may only install devices within the boundary of their unit. If any litigation arises as a result of this policy, the prevailing party is entitled to recover costs and reasonable attorney’s fees.

Solar Easements

Florida law allows for the creation of easements for the purpose of maintaining exposure of a solar energy system to sunlight.

Easements must be created in writing, and recorded and indexed in the same manner as any other instrument affecting the title to real property. The easement must include:

• A description of the effected properties
• The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement
• A description of where the easement falls across the burdened property in relation to existing boundaries and various setbacks established by the local zoning authority.
• The point on the dominant property from where the angles describing the solar easement are to be measured.
• Terms or conditions under which the solar easement is granted or will terminate.
• Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.