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

Few Restrictions

Verified 1 month ago|Source: Texas Property Code §202.010 →

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Key Facts

Statute: Prop. Code §202.010
Cost Limit: <5% system increase
Output Limit: <10% efficiency loss
Review Time: 30 days typical
Fees Recoverable

City-specific rules exist: Conroe has its own hoa restrictions rules that differ from Montgomery County's county-level regulations. If you live in Conroe, check the city-specific page instead.

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.

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?

No. Aesthetic preferences cannot be used to deny installation. The RDRC may only require reasonable placement or color-matched hardware, and cannot impose conditions that materially raise cost or reduce output.

What if my HOA approval is delayed beyond 30 days?

Under §202.010, silence after a reasonable period (commonly 30-60 days per CCRs) is deemed approval. Document your submission date and follow up in writing before installing.

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

Key Facts

Summary

Tex. Prop. Code Sec. 202.010(b)-(c)

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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