Bellaire, TX Solar Energy: HOA Restrictions (2026)

Texas Property Code Section 202.010 provides robust protection for residential solar energy installations against HOA restrictions. The law prohibits any property owners association from including or enforcing a provision in a dedicatory instrument that effectively prohibits or restricts a property owner from installing a solar energy device on the owner's property. HOAs may adopt reasonable rules regarding the placement of solar panels that do not prevent installation, increase the cost by more than 10%, or decrease the system's efficiency by more than 10%. HOAs may not require screening or fencing that would shade the panels. Placement restrictions must allow at least one location on the roof or property where panels can be installed effectively. The law applies to all types of solar energy devices including photovoltaic panels, solar thermal collectors, and solar water heaters. HOAs that violate Section 202.010 may face legal action from homeowners, and courts may award attorney's fees to the prevailing homeowner. Bellaire itself has multiple HOAs and deed-restricted neighborhoods, and this state law applies uniformly to all of them. The law does not override historical commission designations that may apply to certain older Bellaire properties.