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DeSoto, TX Solar Energy: HOA Restrictions (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Code Compliance
TX Property Code Ch. 202 protects solar
Requirement
SB 398 limits HOA restrictions
Requirement
10% production reduction threshold
Requirement
Color and slope restrictions allowed
Requirement
ACC application typically required

Summary

Texas Property Code Chapter 202 (Section 202.010) strongly protects homeowners' rights to install solar energy devices on their property regardless of HOA deed restrictions. Under Texas SB 398 (2011),

Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) In this section:(1) "Development period" means a period stated in a declaration during which a declarant reserves:(A) a right to facilitate the development, construction, and marketing of the subdivision; and(B) a right to direct the size, shape, and composition of the subdivision.(1-a) "Residential unit" means a structure or part of a structure intended for use as a single residence and that is:(A) a single-family house; or(B) a separate living unit in a duplex, a triplex, or a quadplex.(2) "Solar energy device" has the meaning assigned by Section 171.107, Tax Code. The term includes a solar roof tile.(b) Except as otherwise provided by Subsection (d), a property owners' ass

Source: Texas Property Code Sec. 202.010View official code

Full Breakdown

010) strongly protects homeowners' rights to install solar energy devices on their property regardless of HOA deed restrictions. Under Texas SB 398 (2011), a homeowners' association may not prohibit a property owner from installing a solar energy device. HOAs may impose only limited reasonable restrictions related to location: generally, they can require roof-mounted systems to be located on the rear or sides of the roof not visible from the street if doing so does not reduce the device's estimated annual energy production by more than 10% versus the owner's preferred location.

HOAs may also require panels to conform to the roof slope, not extend above the roofline, have frames and visible piping of a color matching the roof or a silver/bronze/black finish, and not void roof warranties. HOA restrictions that effectively prohibit solar or increase costs by more than $1,000 or 10% are void. Owners should submit an Architectural Control Committee application with product spec sheets demonstrating compliance.

Frequently Asked Questions

Can my DeSoto HOA ban solar panels?
No. Texas Property Code Ch. 202 prohibits HOAs from banning solar energy devices. Only limited reasonable aesthetic restrictions are allowed.
Can my DeSoto HOA make me put panels only on the back of the roof?
Only if doing so does not reduce annual energy production by more than 10% versus your preferred placement. Otherwise your preferred location must be allowed.
Do I still need HOA approval for solar in DeSoto?
You typically must submit an ACC application under the HOA's process, but the HOA cannot deny solar: only impose the limited aesthetic conditions allowed by state law.

Sources & Official References

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