Brownsville, TX Solar Energy: HOA Restrictions (2026)
Key Facts
- Controlling Statute
- Tex. Prop. Code § 202.010
- Blanket HOA Ban
- Void and unenforceable
- Protected Locations
- Roof or fenced yard
- Roof Mount Limit
- Parallel to and below roofline
- 2025 Amendment
- Solar roof tiles included
Summary
Texas Property Code section 202.010 voids any homeowners association provision that prohibits or restricts a solar energy device. An association retains narrow grounds to condition placement, and a 2025 amendment added solar roof tiles to the protected definition.
Except as otherwise provided by Subsection (d), a property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device. ... A provision that violates Subsection (b) is void.
Full Breakdown
Section 202.010(b) bars a property owners association from including or enforcing a dedicatory instrument provision that prohibits or restricts installing a solar energy device, and subsection (c) makes any such provision void. Subsection (d) preserves narrow grounds to restrict, including devices a court finds threaten public health or safety, devices on common property, devices outside the roof or a fenced yard, and roof devices that rise above the roofline or sit out of parallel with it. An association must grant approval unless it finds in writing that the placement substantially interferes with neighbors' use and enjoyment.
Violations & Fines
A homeowner may sue to void the restriction and recover damages, court costs, and attorney's fees. The association bears the burden of justifying any written denial of approval.
Frequently Asked Questions
Can my HOA ban solar panels?
What can my HOA still require?
Are solar roof tiles covered?
Sources & Official References
Other rules in Brownsville
Texas rules heatmap·Compare Brownsville to another location·View the Texas solar energy overview
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