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Brownsville, TX Solar Energy: HOA Restrictions (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 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.

Source: Brownsville Code of Ordinances & Unified Development CodeView official code

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?
No. Texas Property Code section 202.010(b) bars a dedicatory instrument provision that prohibits or restricts a solar energy device, and subsection (c) makes any such provision void.
What can my HOA still require?
Under subsection (d) it may require roof devices to sit parallel to and not above the roofline, keep devices off common property, and limit placement to the roof or a fenced yard.
Are solar roof tiles covered?
Yes. House Bill 431 from the 89th Legislature amended the definition of solar energy device in section 202.010 to include a solar roof tile, effective May 29, 2025.

Sources & Official References

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