Texas HOA Solar Energy Device Regulation

What the law covers

• "Development period" means a period stated in a declaration during which a declarant reserves rights to facilitate development and to direct size, shape, and composition of the subdivision.
• "Residential unit" means a structure or part of a structure intended for use as a single residence, including a single‑family house or a separate living unit in a duplex, triplex, or quadplex.
• "Solar energy device" has the meaning assigned by Section 171.107, Tax Code, and includes a solar roof tile.
• Except as otherwise provided, a property owners' association may not include or enforce a provision that prohibits or restricts a property owner from installing a solar energy device.

Key requirements and limits

A property owners' association may include or enforce a provision that prohibits a solar energy device if the device:

• Is adjudicated by a court to threaten public health or safety or to violate a law.
• Is located on property owned or maintained by the association.
• Is located on property owned in common by the members.
• Is located on the owner's property other than on the roof of the home or another allowed structure, or in a fenced yard or patio owned and maintained by the owner.
• If mounted on the roof, extends higher than or beyond the roofline, is not in an area designated by the association (unless the alternate location increases estimated annual energy production by more than 10 percent), does not conform to the slope of the roof and has a top edge not parallel to the roofline, or has a frame, support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available.
• If located in a fenced yard or patio, is taller than the fence line.
• As installed, voids material warranties.
• Was installed without prior approval by the association or its committee.

Notice, hearing and deadlines

The association or its architectural review committee may not withhold approval if the device meets the criteria in the dedicatory instruments. Any decision to withhold approval must be in writing and based on a determination that the placement substantially interferes with the use and enjoyment of land. The association must provide a decision within a reasonable period or within a period specified in the dedicatory instrument. Written approval by all adjoining property owners is prima facie evidence that no substantial interference exists.

Practical checklist for homeowners

• Read your declaration, bylaws, and any amendments.
• Determine if your property is in a development period with fewer than 51 planned residential units.
• Identify whether the proposed location is on the roof, in a fenced yard or patio, or elsewhere.
• Ensure the device does not extend beyond the roofline, does not have non‑conforming frame colors, and meets slope and parallel requirements.
• Check that the device does not void material warranties.
• Submit a written request for approval to the association or its architectural review committee.
• Keep copies of all correspondence and the association's written decision.
• Note that the association's governing documents and later amendments may also apply.