El Paso, TX Solar Energy: HOA Restrictions (2026)
Key Facts
- State Law
- TX Property Code Sec. 202.010
- HOA Cannot
- Ban rooftop solar panels
- Cost Cap
- HOA rules cannot increase cost >10%
- Efficiency Cap
- HOA rules cannot decrease output >10%
- Orientation
- Within 45 degrees of due south protected
Summary
Texas Property Code Section 202.010 strongly protects a homeowner's right to install solar energy devices. HOAs in El Paso cannot prohibit solar panels but may impose reasonable restrictions on placement that do not increase installation cost by more than 10%, decrease system efficiency by more than 10%, or prevent installation on a roof facing within 45 degrees of due south. The state law overrides any conflicting HOA deed restrictions or covenants.
REGULATION OF SOLAR ENERGY DEVICES. ... (b) 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. (c) A provision that violates Subsection (b) is void. (d) A property owners' association may include or enforce a provision in a dedicatory instrument that prohibits a solar energy device that: (1) as adjudicated by a court: (A) threatens the public health or safety; or (B) violates a law; (2) is located on property owned or maintained by the property owners' association; ... (5) if mounted on the roof of the home: (A) extends higher than or beyond the roofline; ...
Full Breakdown
The Texas solar access law (Property Code Sec. 202.010) applies to all property owners associations. HOAs may require that panels not extend beyond the roofline and may regulate ground-mounted systems in common areas. However, they cannot effectively ban rooftop solar through unreasonable aesthetic or placement requirements.
Violations & Fines
HOA restrictions that violate Texas Property Code Sec. 202.010 are void and unenforceable. Homeowners may challenge unreasonable restrictions through the court system.
Frequently Asked Questions
Can my El Paso HOA block solar panel installation?
Can my HOA dictate where I place solar panels?
Sources & Official References
Other rules in El Paso
Texas rules heatmap·Compare El Paso to another location·View the Texas solar energy overview
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