Standby Generators
Texas HOA Standby Generators: Tex. Prop. Code 202.019
Texas law limits how a property owners' association can restrict permanently installed standby electric generators. It defines covered generators, lists rules associations may enforce, and sets cost limits on location rules.
What the law covers
The law applies to property owners' associations and their dedicatory instrument provisions.
It defines a standby electric generator as a device that converts mechanical energy to electrical energy and is:
- powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen;
- fully enclosed in an integral manufacturer-supplied sound attenuating enclosure;
- connected to the main electrical panel of a residence by a manual or automatic transfer switch; and
- rated for a generating capacity of not less than seven kilowatts.
Except as provided by the section, an association may not adopt or enforce a provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing, or maintaining a permanently installed standby electric generator.
Key requirements and limits
An association may adopt or enforce provisions to regulate installation and operation, including requirements to:
- comply with manufacturer specifications and applicable governmental health, safety, electrical, and building codes;
- use licensed contractors for all electrical, plumbing, and fuel line connections;
- screen the generator in certain visible locations;
- set reasonable testing times consistent with the manufacturer's recommendations;
- limit use of the generator for all or substantially all power unless utility power is unavailable or intermittent for reasons other than nonpayment;
- regulate location; and
- prohibit locating the generator on association-owned or commonly owned property.
Permitted provisions must be reasonably applied and enforced. If approval is required before installation, it may not be withheld when the proposed installation meets or exceeds permitted provisions. Application information cannot be greater or more detailed than for any other exterior improvement.
Location rules are unenforceable if they increase installation cost by more than 10 percent, or increase the cost of installing and connecting electrical and fuel lines by more than 20 percent.
Notice, hearing and deadlines
In a hearing, action, or proceeding to determine compliance, the party asserting noncompliance bears the burden of proof. The shown text does not set specific notice periods or application deadlines.
Practical checklist for homeowners
- Review your association's governing documents.
- Confirm the generator meets the statutory definition, including the seven kilowatt minimum.
- Keep copies of applications, approvals, and notices.
- Verify that any required contractors are licensed.
- Check the official statute text for updates.
- The association's governing documents and later amendments may also apply.
Source
Tex. Prop. Code 202.019, official text“rated for a generating capacity of not less than seven kilowatts.”
“increases the cost of installing the standby electric generator by more than 10 percent”
“a dedicatory instrument provision that regulates the location of a standby electric generator is unenforceable if:”
“may not be withheld if the proposed installation meets or exceeds the dedicatory instrument provisions permitted by Subsection (c).”
Frequently asked questions
What is a standby electric generator under this law?
A device that converts mechanical energy to electrical energy, uses certain fuels, is fully enclosed in a manufacturer-supplied sound attenuating enclosure, connects to the main panel by a transfer switch, and is rated for at least seven kilowatts.
Can an HOA ban standby generators?
No. Except as provided by the section, a property owners' association may not adopt or enforce a provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing, or maintaining a permanently installed standby electric generator.
Are there cost limits on location rules?
Yes. A location regulation is unenforceable if it increases installation cost by more than 10 percent, or increases the cost of installing and connecting electrical and fuel lines by more than 20 percent.
Who proves noncompliance in a hearing?
In a hearing, action, or proceeding, the party asserting noncompliance bears the burden of proof.
This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.