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.
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.
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.
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