HOA Rules for Solar in Texas

Many Guadalupe Valley subdivisions have a property owners’ association. Texas law does not give an HOA a free hand to ban rooftop solar. The main statute is Texas Property Code § 202.010, “Regulation of Solar Energy Devices.” This article summarizes that statute as it is published by the Texas Legislature. It is not legal advice, and it is not a substitute for reading your covenants and talking with an attorney if you have a dispute.

The general rule: an HOA may not prohibit solar

Section 202.010(b) says that, except as otherwise provided in subsection (d), a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device. A provision that violates that rule is void. “Solar energy device” takes its meaning from Tax Code § 171.107 and, under the current statute, includes a solar roof tile.

What an association still may regulate

Subsection (d) lists situations in which an association may include or enforce a provision that prohibits a device. In plain language, those include a device that a court has found to threaten public health or safety or to violate a law; a device on property the association owns or maintains, or that the members own in common; a device that is not on the roof of the home (or of another allowed structure) and not in a fenced yard or patio the owner maintains; certain roof-placement and appearance limits; a yard device taller than the fence; a device that, as installed, voids material warranties; and a device installed without prior approval by the association or a committee, when the dedicatory instrument provides for a decision within a reasonable or specified period.

The roof rules in subsection (d)(5) are the ones homeowners run into most often. An association may prohibit a roof-mounted device that extends higher than or beyond the roofline; that is located outside an area the association designates, unless an alternate location increases estimated annual energy production — using a publicly available NREL modeling tool — by more than 10 percent compared with the designated area; that does not conform to the slope of the roof or whose top edge is not parallel to the roofline; or that has a frame, support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace.

Approval cannot be withheld for unofficial reasons

If a proposed installation meets the dedicatory-instrument rules that subsection (d) actually allows, the association or architectural committee generally may not withhold approval, unless it determines in writing that the proposed placement “constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.” Written approval of the proposed placement by all adjoining property owners is prima facie evidence that such a condition does not exist.

A limited development-period exception

During the development period of a development with fewer than 51 planned residential units, the declarant may prohibit or restrict a property owner from installing a solar energy device. That exception is narrow. If you live in a still-developing subdivision, read the declaration carefully.

Related shingle rules

A separate section, § 202.011, addresses certain shingles, including shingles designed to provide solar generation, and only where they resemble, are more durable than, and aesthetically match authorized subdivision shingles. That is a narrower rule than § 202.010 and should not be confused with the general solar-device protection.

How SolCheck approaches HOA reviews

If your home is in an association, we can prepare the kind of plans an architectural review typically wants — layout, colors, and a description of equipment — and we will design within the statute’s placement and appearance limits when we can. We cannot give legal opinions, guarantee an association’s vote, or tell you to ignore a dedicatory instrument. If an association tries to impose a flat ban, the statute is the place to start, with counsel if needed.

Get a Free Quote