TX Property Code 202.007 bars Tarrant County HOAs from banning solar. HOAs may impose limited aesthetic conditions but cannot reduce efficiency or raise cost by more than 10 percent. 202.010 protects shingles.
Texas Property Code 202.007 provides strong statewide preemption of HOA restrictions on solar energy devices. In Tarrant County (which has thousands of HOA-governed lots across Southlake, Keller, Grapevine, Trophy Club portions, Colleyville, and suburban Fort Worth and Arlington), an HOA cannot prohibit a solar energy device as defined in Texas Tax Code 171.107 (including solar panels, solar water heaters, and related equipment). HOAs may impose reasonable aesthetic conditions IF those conditions do not substantially reduce the estimated annual production (generally interpreted to mean no more than 10 percent efficiency reduction) and do not increase total cost by more than 10 percent. Permitted conditions may include requiring installation on the rear or side roof facing when the front-facing position is visible from the street and there is sufficient unshaded area elsewhere, requiring the panel frames to match roof color, and prohibiting conduit and wiring that are not concealed or painted to match. Ground-mount systems may be conditioned on screening or location on non-prominent areas of the lot. 202.010 further protects composite shingles and reflective or energy-efficient roofing. Property owners who disagree with an ACC denial should request the denial in writing with specific reasons (required by 209.00505) and can sue for declaratory and injunctive relief plus attorneys fees. HB 3571 (2021) strengthened ACC transparency and notice rules.
HOAs that prohibit solar in violation of 202.007 can be sued by owners in Tarrant County District Court. Prevailing owners are typically entitled to recover attorneys fees under 202.007 and 209. Blanket bans are particularly vulnerable. HOAs found to be imposing conditions that exceed the 10 percent efficiency or cost thresholds face the same exposure.
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