Bexar County, TX Solar Energy: HOA Restrictions (2026)

Texas Property Code 202.010, originally enacted in 2011 and expanded by HB 3571 in 2021, sharply limits what HOAs in Bexar County and elsewhere in Texas can require regarding solar energy devices. A recorded restriction that effectively prohibits rooftop solar panels on a single-family lot is void as against public policy. HOAs may still require pre-installation architectural review, may specify that panels be installed parallel to the roofline and match roof color where reasonably practicable, may prohibit panels visible from the street or common area in limited cases, and may require the owner to maintain the panels. However, the statute prohibits any restriction that would prevent a system from receiving at least 90 percent of the solar radiation it would otherwise receive, increase installation costs by more than 10 percent, or prohibit panels in an unshaded location of the roof. Ground-mounted systems may be more heavily restricted by CCRs than rooftop systems. HOA denials must be issued in writing with reasons. HB 3571 added express protections for battery storage, rainwater harvesting devices, and standby generators, and clarified that aesthetic guidelines must be narrowly drawn.