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.
Texas Property Code Section 202.010, originally enacted via HB 362 (2011), prohibits HOAs and POAs from prohibiting or restricting solar energy device installation.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.
HOAs that attempt to ban solar installations violate Texas Property Code Sec. 202.010. Homeowners can challenge unlawful restrictions through legal action.
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Side-by-side rule comparisons with other cities in Harris County.
See how other cities in Harris County handle hoa restrictions.
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