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El Paso, TX Solar Energy: HOA Restrictions (2026)

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

Source: Texas Property Code Sec. 202.010View official code

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?
No. Texas Property Code Sec. 202.010 prevents HOAs from prohibiting solar panels. They may impose limited restrictions that cannot increase cost by more than 10% or decrease efficiency by more than 10%.
Can my HOA dictate where I place solar panels?
Only within narrow limits. The HOA cannot prevent installation on any portion of the roof facing within 45 degrees of due south or impose requirements that reduce efficiency by more than 10%.

Sources & Official References

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