Texas Solar Laws and HOAs

Updated: Feb 28, 2021

Solar penetration is still at a mere 2% in Texas and most HOAs are not aware of increasing residential solar power interest—albeit solar arrays have been around for decades. Actually, it wasn't until the last ten years that is was made largely affordable to average middle class homeowners, mostly thanks to technology improvements to photovoltaic (PV) systems; $0 cash down solar loans; and the Solar Investment Tax Credit (ITC) available to businesses and homeowners since 2005 and scheduled to end in December 31, 2021.

Texas has clearly stipulated code rules for solar installations. Texas Property Code 202.010 states that "HOAs are not allowed to include or enforce provisions within their regulations, covenants, or by-laws that prohibit or restrict homeowners from installing a solar energy device." There are certain specific exceptions to this general rule, which can be found under sub-section (d).

How It Works

Solar arrays will predominantly reinforce the structure to withstand heavy wind and hail and are an attachment to existing roofing materials—not a replacement. Raw electricity (DC) absorbed by the solar panels is transformed into readily usable electricity (AC) through an inverter and into the home where it can be used. Any excess energy produced by the system is accounted for and sent to the grid through a process called net metering where it's used to supply neighboring customers. This excess energy is then sent back to the homeowner as credit when needed, namely during heavily cloudy days or at night—when the solar panels are under-producing or not producing at all. Professionally installed solar arrays will not reflect negative impact on health, neighbors or adjacent buildings.

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