Texas HOA vs. State Law: Solar, Flags, Signs & Faith

Section 202.010 states 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,' voiding such provisions, subject to narrow exceptions (e.g., common property, roofline extensions, hardware color). Section 202.012 bars an association from a provision that 'prohibits, restricts, or has the effect of prohibiting or restricting' display of the U.S. flag, the Texas flag, or an official military flag, allowing only reasonable size, location, and flagpole rules. Section 202.009 bars covenants prohibiting political signs from the 90th day before through the 10th day after an election. Section 202.018 bars associations from prohibiting a religious item displayed on the entry to an owner's dwelling, with size and safety exceptions.

An HOA provision that prohibits solar devices, the protected flags, qualifying political signs, or an entry religious item is void and unenforceable to that extent. Owners may seek to enforce these protections in court; associations retain only the narrow, reasonable restrictions each statute expressly allows (size, placement, color, safety).