Texas Property Code § 202.010: HOA Limits on Solar Energy Devices and Roof Tiles

Quick Answer

Texas Property Code § 202.010 says 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," and a provision that does so "is void." The section then lists narrow exceptions an association may still enforce, such as limits on roof placement, color and height. In 2025, H.B. 431 added solar roof tiles to the definition, effective May 29, 2025. The legislature said the change clarifies existing law.

At a Glance

What the Law Says

Definitions, (a)

"Solar energy device" has "the meaning assigned by Section 171.107, Tax Code. The term includes a solar roof tile." We did not read Tax Code § 171.107 for this page, so we do not restate what it covers beyond roof tiles. "Residential unit" means a single-family house or a separate living unit in a duplex, triplex or quadplex. "Development period" means a period stated in a declaration during which a declarant reserves rights to facilitate development and to direct the size, shape and composition of the subdivision.

Prohibition and voidness, (b) and (c)

Except as provided by subsection (d), an association "may not include or enforce" a provision that "prohibits or restricts a property owner from installing a solar energy device." A provision that violates (b) "is void."

What an association may still prohibit, (d)

An association "may include or enforce a provision in a dedicatory instrument that prohibits a solar energy device that":

• "as adjudicated by a court" threatens public health or safety, or violates a law;
• is located on property owned or maintained by the association;
• is located on property owned in common by the members;
• is located on the owner's property other than on the roof of the home or another structure allowed under a dedicatory instrument, or in a fenced yard or patio owned and maintained by the owner;
• if roof-mounted: extends higher than or beyond the roofline; is outside an association-designated area (unless the alternate location raises estimated annual energy production by more than 10 percent, using a publicly available National Renewable Energy Laboratory modeling tool); does not conform to the roof slope with a top edge parallel to the roofline; or has a frame, support bracket or visible piping or wiring not in a silver, bronze or black tone commonly available in the marketplace;
• if in a fenced yard or patio, is taller than the fence line;
• as installed, voids material warranties; or
• was installed without prior approval by the association or a committee created in a dedicatory instrument for that purpose that provides decisions within a reasonable period or the period the instrument specifies.

Approval standard, (e)

The association or its architectural review committee "may not withhold approval for installation of a solar energy device if the provisions of the dedicatory instruments to the extent authorized by Subsection (d) are met or exceeded," unless it "determines in writing that placement of the device as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities." Written approval of the proposed placement by "all property owners of adjoining property" is "prima facie evidence" that the condition does not exist.

Declarant exception, (f)

"During the development period for a development with fewer than 51 planned residential units, the declarant may prohibit or restrict a property owner from installing a solar energy device."

What This Means in Practice

For boards

• A blanket solar ban in a declaration or rule is, under (c), void. Our reading: boards should not enforce it and should talk to counsel about cleaning up the document.
• Restrictions are tied to the (d) list. Rules that go beyond that list (for example, a ban on ground-mounted panels in a visible side yard that is not a fenced yard or patio) need careful review against (d)(4).
• The (d)(8) prior-approval exception pairs with (e). Decisions must come "within a reasonable period or within a period specified in the dedicatory instrument." Track your review clock.
• A denial based on (e) must be in writing and must rest on the "substantially interferes" finding. A denial that simply cites taste or uniformity does not match the text (our reading).
• Solar roof tiles are now expressly inside the definition. The text of H.B. 431 says it was intended "to clarify rather than change existing law."

For owners

• Check your dedicatory instruments against the (d) list before you design the system: roof placement, height, panel slope and color of visible hardware are the items the statute lets associations regulate.
• Ask your association for the designated roof area, if one exists. The 10 percent production exception in (d)(5)(B) refers to an estimate "determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory."
• Get approval first. Installation "without prior approval" is a listed exception in (d)(8), as long as the review process "provides decisions within a reasonable period."

What the law does not say

• It does not set a number of days for the association to answer. It says "a reasonable period" or the period in the instrument.
• It does not state a fine, damages or fee-shifting rule for a violation. The stated consequence is that a violating provision "is void."
• It does not define "dedicatory instrument" or "property owners' association." Those are defined elsewhere in Chapter 202, which we did not re-read.
• The text does not say whether it covers condominium associations. Confirm with counsel.

Timeline

Related Texas Law

• H.B. 431 (2025): solar roof tiles
• Chapter 202: what HOAs cannot restrict
• § 202.012: flag display
• S.B. 711 (2025): architectural review and fencing changes
• Texas HOA laws complete guide

Board Checklist

• Search the declaration, design guidelines and rules for any language that bans or limits solar devices.
• Compare each limit against the (d) list; ask counsel about any limit that is not on it.
• If the association designates a roof area, document it in writing.
• Confirm the architectural review process names a decision period, and calendar it.
• Adopt a written denial template that tracks the (e) finding.
• Update forms so solar roof tiles are treated as solar energy devices.
• Review any declarant-period rules separately under (f).

Frequently Asked Questions

Can a Texas HOA ban solar panels?

Not by a blanket rule. Section 202.010(b) bars an association from including or enforcing a provision that prohibits or restricts installing a solar energy device, and (c) says such a provision is void. Subsection (d) lists specific limits that remain allowed.

Can an HOA limit where panels go on the roof?

Under (d)(5), an association may prohibit a roof-mounted device outside a designated area, with an exception if an alternate location increases estimated annual energy production by more than 10 percent using the National Renewable Energy Laboratory tool.

Are solar roof tiles covered?

Yes. Section 202.010(a)(2) now says the term "includes a solar roof tile." H.B. 431 added that text and states it clarifies rather than changes existing law.

Can the HOA require approval before installation?

Under (d)(8), it may prohibit a device installed without prior approval by the association or a committee that provides decisions within a reasonable period or the period in the instrument.

Can the HOA deny a compliant application?

Under (e), only if it determines in writing that the proposed placement substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.

What do adjoining owners have to do with it?

Written approval of the proposed placement by all owners of adjoining property is prima facie evidence that the (e) interference condition does not exist.

Does the developer get an exception?

During the development period for a development with fewer than 51 planned residential units, the declarant may prohibit or restrict installation (subsection (f)).

Where This Comes From

We read the current text of § 202.010 and its history note on the Justia 2025 Texas Statutes page, and the enrolled text of H.B. 431 (89th Legislature) at capitol.texas.gov. The effective date of May 29, 2025 comes from the statute's history note; the enrolled copy shows a blank governor approval line. We did not read Tax Code § 171.107 or the Chapter 202 definitions.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.