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Homeowners associations and solar access in Texas

Homeowners pose with their soon to be installed solar array.
Homeowners pose with their soon to be installed solar array.

Texas law protects your right to go solar. But, there are limits.

Texas law allows HOAs to restrict installations under the following conditions:

  • The system is installed without prior approval by the HOA
  • The installation is located on common property within the subdivision
  • The system is installed in a way that voids its warranties
  • The system has an element that is not in a silver, bronze, or black tone
  • The installation extends higher than the roofline, does not conform to the slope of the roof, or is not parallel to the roofline
  • The system is ground-mounted and extends above the homeowner’s fence
  • The solar energy devices are illegal or violate public health and safety

Many HOAs still enact unreasonable restrictions on solar installations. There are steps you can take to fight them. Although an HOA cannot block your system, they can tell you where to install panels. You can fight this if you can prove their restriction would lower the annual energy production of your system by more than 10%.

We’ve developed a comprehensive guide to working with your HOA to install solar. Download it here.

Resources

Texas Property Code Section 202.010 – This section of state law covers rules around HOAs and solar
Homeowners Association one-pager – Download our factsheet