HOA Rules
Texas HOA Solar Laws: Know Your Rights
Texas law protects your right to go solar. Here's what your HOA can and can't do.
Texas Property Code Section 202.010
Texas law is clear: HOAs cannot prohibit solar devices. This applies to both rooftop and ground-mounted systems.
The law was first passed in 2011 and strengthened in 2021. It overrides any conflicting HOA CC&Rs (covenants, conditions, and restrictions).
What HOAs CAN Do (Reasonable Restrictions)
While HOAs can't block solar entirely, Texas law allows them to impose "reasonable restrictions" that don't prohibit or materially increase the cost of the system:
Height Restrictions
For ground-mounted systems, HOAs can require that panels don't extend above the fence line. This is considered a reasonable aesthetic restriction.
Placement in Back/Side Yard
HOAs can specify that ground-mounted systems go in the backyard or side yard rather than the front yard, as long as it doesn't significantly reduce the system's effectiveness.
Screening Requirements
Some HOAs require landscaping or fencing to screen ground mount systems from neighbors. This is generally allowed if it doesn't shade the panels or add significant cost.
Architectural Review
HOAs can require you to submit plans for approval. However, they must respond within a reasonable timeframe and can't deny approval without valid reasons.
What HOAs CANNOT Do
Prohibit Solar Entirely
Any blanket ban on solar devices is unenforceable under Texas law.
Require Invisible Placement
They can't demand you put panels where they won't work effectively.
Add Unreasonable Costs
Restrictions that materially increase cost (like expensive custom panels) are not allowed.
Indefinitely Delay Approval
They must review applications in a reasonable timeframe.
Require Specific Brands/Types
They can't mandate you use certain equipment or installers.
Charge Excessive Fees
Application fees must be reasonable and not punitive.
Ground Mount and HOAs
Why Ground Mount Can Be Easier
Ironically, ground mount systems often face fewer HOA objections than rooftop systems:
- • Panels can be positioned below fence line (out of sight)
- • Backyard placement is typically allowed by default
- • Easier to screen with landscaping if required
- • Doesn't change the appearance of your home
Typical HOA-Compliant Ground Mount
Most ground mount installations in HOA communities meet these criteria:
- • Located in backyard or side yard
- • Panel height below 6-foot fence line
- • Set back from property lines per HOA requirements
- • Screened by existing landscaping if visible from common areas
How to Approach Your HOA
Read Your CC&Rs First
Understand what your HOA's documents say about solar. Note that any provisions that prohibit solar are unenforceable under Texas law.
Submit a Formal Application
Include your system design, placement, and reference to Texas Property Code 202.010. Professional drawings from your installer help.
Be Prepared to Negotiate
If they request minor modifications that don't affect performance (like specific placement in backyard), consider accommodating. Pick your battles.
Know When to Push Back
If they try to deny or impose unreasonable restrictions, remind them (in writing) of Texas law. Most HOAs back down when they realize the law is clear.
How We Help with HOA Approvals
We've worked with dozens of Texas HOAs and know how to navigate the process:
- Professional site plans and renderings for HOA submission
- Design that meets typical HOA requirements (height, placement)
- Sample approval letters referencing Texas solar rights law
- Guidance if your HOA pushes back unreasonably
Don't Let Your HOA Stop You
Texas law is on your side. Get a free consultation and we'll help you navigate the approval process.
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