Montgomery County, TX Solar Energy: HOA Restrictions (2026)
Key Facts
- Statute
- Prop. Code §202.010
- Cost Limit
- <5% system increase
- Output Limit
- <10% efficiency loss
- Review Time
- 30 days typical
- Fees Recoverable
- Yes if HOA violates
Summary
Texas Property Code §202.010 protects solar installations from HOA bans in Montgomery County. The Woodlands RDRC may require placement adjustments but cannot prohibit solar outright. Reasonable aesthetic rules allowed.
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
Texas Property Code §202.010 is one of the nation's strongest solar access statutes. HOAs in Montgomery County, including The Woodlands villages, April Sound, Bentwater, Walden, and Woodforest, cannot prohibit rooftop solar or impose restrictions that raise system cost more than 5% or reduce output more than 10%. HOAs may require: pre-installation plan submission, fasteners matching roof color, panels with black frames where feasible, conduit concealment, and placement on the roof plane with highest efficiency. Ground-mount systems in front yards may still be restricted. Battery storage is covered separately but similarly protected. The Woodlands Residential Design Review Committee (RDRC) typically decides applications within 30 days, and silence equals approval. Willful HOA obstruction exposes the association to homeowner attorney fees and actual damages. HB 2127 reinforces preemption of any local rule attempting to override §202.010.
Violations & Fines
HOA denying compliant solar application: homeowner may sue under §202.010 and recover attorney fees. Unreasonable conditions raising cost >5%: void. Board members approving unlawful denial: potential personal liability.
Frequently Asked Questions
Can The Woodlands RDRC reject my solar panels for looking ugly?
What if my HOA approval is delayed beyond 30 days?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas solar energy overview
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