Travis County, TX Solar Energy: HOA Restrictions (2026)
Key Facts
- Governing statute
- Tex. Prop. Code Sec. 202.010
- Who it binds
- HOAs in unincorporated Travis County subdivisions
- Roof overhang limit
- Can't extend higher than or beyond the roofline
- Approved colors
- Frame, bracket, wiring: silver, bronze, or black
- Fence-yard height cap
- Device can't be taller than the fence line
- New-subdivision exception
- Declarant may ban solar under 51 planned units
- Enforcement path
- Civil suit; void provisions unenforceable by HOA
Summary
Texas Property Code Section 202.010 voids any Travis County homeowners' association rule that bans or restricts solar panels outright. HOAs governing unincorporated subdivisions may only regulate placement, roofline slope, frame color, and prior-approval timing, not whether an owner installs a solar energy device on the roof or in a fenced yard.
(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: ... (4) is located in an area on the property owner's property other than: (A) on the roof of the home or of another structure allowed under a dedicatory instrument; or (B) in a fenced yard or patio owned and maintained by the property owner; ... (8) was installed without prior approval by the property owners' association or by a committee created in a dedicatory instrument for such purposes that provides decisions within a reasonable period or within a period specified in the dedicatory instrument. ... (f) During the development period for a development with fewer than 51 planned residential units, the declarant may prohibit or restrict a property owner from installing a solar energy device.
Full Breakdown
010 of the Texas Property Code, part of Chapter 202's restrictive-covenant enforcement rules, applies to every property owners' association governing a subdivision in unincorporated Travis County, the deed-restricted developments that sit alongside the plats the county approves under Loc. Gov't Code Ch. 232. Subsection (b) makes it void for a POA's dedicatory instrument, meaning its declaration, bylaws, or deed restrictions, to prohibit or restrict installing a 'solar energy device,' a term borrowed from Tax Code Sec. 107 that expressly includes solar roof tiles. Subsection (d) lists the only grounds a Travis County HOA may still enforce: the device threatens health or safety or breaks a law as adjudicated by a court, it sits on property owned or maintained in common by the association, it is mounted anywhere other than a roof or a fenced yard/patio the owner maintains, or, if roof-mounted, it extends higher than or beyond the roofline, sits outside the HOA's designated array area (unless an alternate spot raises estimated annual energy production by more than 10 percent under a public National Renewable Energy Laboratory modeling tool), fails to conform to the roof's slope, or carries a frame, bracket, or visible wiring that is not silver, bronze, or black.
Panels in a fenced yard cannot rise above the fence line, and an installation that voids a material warranty or skips the HOA's prior-approval process can still be blocked. Subsection (e) bars a POA or its architectural review committee from withholding approval once those conditions are met, unless it states in writing that the specific placement would substantially interfere with a neighbor's use and enjoyment of land; written sign-off from adjoining owners counts as evidence against that finding. Subsection (f) carves out brand-new subdivisions: a declarant developing fewer than 51 planned residential units may still prohibit solar devices outright during the stated development period before the HOA takes over.
Violations & Fines
A void HOA provision cannot be enforced through fines, liens, or an architectural-committee denial letter once the statutory conditions are met. An owner whose panels are wrongly blocked can sue in civil court to have the restriction declared void under subsection (c) and the installation approved. Chapter 202 gives no state agency or the Travis County Attorney's office an enforcement role; the remedy runs through a civil suit against the association, not county code enforcement.
Frequently Asked Questions
Can my Travis County HOA just say no to solar panels?
Where can I mount panels if my HOA designates a specific roof area?
What colors can HOAs require for solar equipment?
Does a brand-new subdivision in Travis County have to allow solar right away?
Sources & Official References
Other rules in Travis County
Texas rules heatmap·Compare Travis County to another location·View the Texas solar energy overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.