Texas Property Code Section 202.010 protects Tomball homeowners' right to install solar panels and limits HOA authority. HOAs cannot ban solar energy devices. Any restriction that increases cost by more than 10% or decreases efficiency by more than 10% is void under state law.
Texas Property Code Section 202.010 prevents property owners' associations from prohibiting solar energy devices. Several Tomball neighborhoods have active HOAs, but none may ban solar panels. HOAs may adopt reasonable rules regarding placement that do not increase installation cost by more than 10%, decrease efficiency by more than 10%, or effectively prevent installation. The law covers rooftop panels, ground-mounted arrays, and solar water heating systems. Any deed restriction, covenant, or HOA architectural guideline that effectively bans solar panels is void under state law. Homeowners facing HOA resistance should cite this statute in writing to their HOA board. The city's own building permit process is separate from HOA review, and both must comply with state solar access protections. Homeowners should still submit HOA architectural review applications when required to document compliance and create a record. Disputes may be resolved through mediation or civil court. Courts may award attorney fees to prevailing homeowners under this statute.
HOAs that enforce solar panel bans or impose unreasonable restrictions violating Texas Property Code Section 202.010 face legal liability. Homeowners can seek declaratory judgment that the restriction is void. Courts may award attorney fees to the prevailing homeowner.
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