Houston, TX Solar Energy: HOA Restrictions (2026)
Key Facts
- State Protection
- Texas Property Code Sec. 202.010
- HB 362 (2011)
- Original solar rights law
- HB 431 (2025)
- Added solar roof tiles to protection
- HOA Approval
- Required but cannot be unreasonably withheld
- Performance Test
- Restrictions cannot reduce output by >10%
Summary
Texas Property Code Sec. 202.010 prohibits HOAs from banning solar energy devices. HOAs may impose limited aesthetic restrictions but cannot effectively prevent installation. HB 431 (2025) expanded protection to explicitly include solar roof tiles.
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.
Full Breakdown
Texas Property Code Section 202.010, originally enacted via HB 362 (2011), prohibits HOAs and POAs from prohibiting or restricting solar energy device installation. Any restrictive covenant violating this section is void. HOAs retain limited authority to restrict solar panels if they: extend above the roofline, don't conform to the roof slope, aren't parallel to the roofline, have non-conforming colors (must be silver, bronze, or black tones), are ground-mounted and extend above the fence line, or are installed without prior HOA approval. Critically, HOA placement restrictions cannot substantially decrease the system's performance by more than 10% or increase costs. Homeowners can challenge restrictions using NREL PVWatts Calculator analysis. SB 1626 (2015) closed a developer loophole. HB 431 (2025) added solar roof tiles to the protected definition. Written HOA approval is required before installation but cannot be unreasonably withheld.
Violations & Fines
HOAs that attempt to ban solar installations violate Texas Property Code Sec. 202.010. Homeowners can challenge unlawful restrictions through legal action.
Frequently Asked Questions
Can my Houston HOA prevent me from installing solar panels?
What if my HOA says solar panels must go on the back of the house?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas solar energy overview
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HOA Restrictions in Nearby Cities
How other cities in Harris County handle hoa restrictions.