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Texas HOA Rules In 2023: Is Solar Panel Installation Possible?

Updated: Jul 12, 2023


Texas HOA Rules

Key Takeaways

  • Texas solar access laws balance homeowner rights and community aesthetics.

  • The "Right to Install Solar Energy Devices Act" protects Texan homeowners' right to install solar panels.

  • HOA can impose reasonable restrictions on solar installations but can't outright deny them.

  • Advocacy and neighbor support can sway HOA approval for solar initiatives.

  • Legal guidance can help navigate HOA's covenants, conditions, and restrictions.

  • Dealing with HOA objections requires understanding, patience, and effective communication.

  • Transitioning to solar energy within an HOA community is achievable with the right approach.

 

As a resident of Texas, you might want to agree that HOA rules are there in general for the benefit of maintaining property values and creating a sense of community. But really, we all know how these rules can be annoying sometimes.


So, how about when you want to switch to solar? Are these rules friendly? Are they something that might even discourage you from switching to solar in the first place? These are questions that we will be providing answers to in this article. As a resident of Texas, you should know these things before embarking on a solar journey.


Understanding HOA and Solar Access Laws in Texas

Let’s get to business. You probably understand what Homeowners Associations (HOAs) are and if not, then here is it; they are basically organizations that make and enforce rules for properties within their jurisdiction. So what rules do they have in store for Texas residents when it comes to solar panel installation?


Well, here is a quick crash course in solar access laws in Texas. The "Right to Install Solar Energy Devices Act" is your key to understanding the interplay between HOAs and solar panels in Texas.


Ready for the cliff notes version? Here it goes:


1. The Act protects your right to install solar devices, but with a caveat. Your HOA can deny your solar dreams if they find the installation detrimental to the health, safety, or welfare of the community.

2. Your HOA can't prevent you from installing solar panels, but they can impose reasonable restrictions on their size, place, and manner of installation.

3. What about aesthetics, you ask? Well, if your HOA thinks that your solar panels are an eyesore, they can ask you to modify the installation – but only if it doesn’t significantly increase your installation cost or decrease your expected energy savings.


In essence, Texas solar access laws are all about balance. They protect both your right to go solar and your community's right to maintain its aesthetic appeal and safety.


Intrigued? Well, there is still more to know about solar installations in Texas HOAs. Hang tight.


Navigating the HOA Rules for Solar Installations

Often, Texas HOAs might frown upon solar panel installations, citing aesthetic concerns or neighborhood uniformity. You might think, "Can they really deny my green energy aspirations?" Well, here's the kicker...


Despite the initial roadblocks, under Texas law, your rights as a homeowner pack a punch. The "Right to Install Solar Energy Devices Act" is your shield, protecting your solar dreams from being eclipsed by HOA rules. So, if you are ever questioned, remember - you've got the law on your side.


You might be pondering on how to determine if your HOA rules allow solar installations. Dive into your HOA's covenants, conditions, and restrictions (CC&Rs). Look for any solar-related clauses. If you hit a snag, consider seeking legal counsel.


And remember, the road to renewable energy may be winding, but the destination is worth the journey. Don't let a few HOA roadblocks dim your solar ambitions. Get a quick quote from us today to kickstart your switch.

Steps to Installing Solar Panels in Texas HOA Communities

So, let’s go over the much-needed steps you need to take if you want to switch to solar within the confines of an HOA community in Texas.


Step 1: Understand Your Solar Access Laws

You've got rights, and it's crucial to understand them. Texas solar access laws are designed to protect homeowners like you who want to tap into the power of the sun. They aren't just fancy words on paper... they're your solar shield!


Step 2: Learn More About Your HOA

Your HOA's rules aren't there to make your life difficult—they're part of your community agreement. So, go on a treasure hunt for solar installation provisions in your HOA's bylaws. It's like finding the key to a treasure chest... a solar-powered treasure chest, that is!


Step 3: Make Your Case for Solar Access

Time to put your persuasion skills to the test! Building a convincing case for solar installation isn't just about facts—it's about showing how it benefits everyone. Having a professional solar installation assessment in your arsenal can't hurt either.


Step 4: Get Your Pro-Solar Neighbors on Board

Remember, there's strength in numbers! Rallying your neighbors to support your solar initiative can be the tipping point for your HOA's approval. Solar block parties, anyone?


Step 5: Meet with Your HOA Board

Nervous about the big meeting? Preparation is your secret weapon. Know your facts, anticipate questions, and present your case with confidence. Remember, you're not just doing this for you; you're doing it for your community and the planet!


Step 6: Overcome Solar Access Objections

If your HOA objects to your solar installation, don't lose heart. It's crucial to understand why the objections have been raised and how you can address them. Here's a look at some common reasons an HOA, especially in Texas, might object to your solar panel installation:


  • The setup is deemed illegal or poses a risk to public health and safety.

  • The panels are set to be placed on common property maintained by the association.

  • The panels extend above the roofline, aren't parallel to it, or don't match the roof's slope.

  • Ground-mounted solar equipment is taller than the fence enclosing it.

  • The installation method could void the warranties of the solar device.

  • The frames, wires, or pipes aren't in shades of silver, bronze, or black.

  • The panels are installed without the HOA's approval.

Keep these points in mind and be prepared to explain why your installation doesn't pose these issues or how you plan to resolve them. Always remember that communication is key when dealing with your HOA. With patience and perseverance, you can overcome these objections and make your way to a more sustainable and energy-efficient future!"


Going solar in an HOA community might seem like a daunting task, but with these steps, you'll be soaking up the Texas sun in no time.


Wrapping Up

In conclusion, we've walked you through the critical steps of installing solar panels in Texas HOA communities, highlighting the importance of understanding your solar access laws and HOA rules, and how to build a compelling case for solar access.


Don't let HOA restrictions dim your solar aspirations. Instead, use them as a stepping-stone towards a greener future. Interested in going solar but don't know where to start? We invite you to reach out to our team. Let us guide you through the maze of solar installation options and help you make an informed decision that suits your unique circumstances.


FAQ

Can an HOA in Texas deny solar panels?

An HOA in Texas can impose reasonable restrictions on solar panel installations, but they can't outright deny them unless it poses a health, safety, or welfare risk.

Do you need a permit for solar in Texas?

Is solar worth it in Texas?


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3 Comments


Guest
Oct 27

I have a 5-acre lot on the edge of a development and property overlooks a private 1000-acre ranch. I want to ground mount panels that are nearly 50 feet below grade from the level part of the property where the house will set. Can I be restricted?

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Guest
Sep 13, 2023

What about HOA's that say you can only put them on the back of the house. I thought there was a Texas State ruling that allowed front solar panels if an engineers report shows an increase to solar by 10% or more? My HOA said that that applies to one or the other, either put them on the back of the house, or use the 10% rule and put them only on the front of the house, not both back and front?

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Guest
Sep 23, 2023
Replying to

The HoA is in essence barring you from having panels at more than one location on your property. I haven't seen any such restriction in Texas law. There is a legal maxim to the effect that what's not barred, is allowed. So, unless there is express prohibition of something in statute or case law, that something is allowed as lawful.

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