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Texas has one of the strongest solar access laws in the United States. Your HOA cannot ban solar panels. Know exactly what they can and cannot do in 2026.
“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.”
— Texas Property Code §202.010, effective September 1, 2011
This law was enacted in 2011 and applies to every property owners’ association in Texas — including HOAs, condominium associations, and planned unit developments. It covers rooftop solar panels, ground-mount solar systems, solar water heaters, and related equipment.
The law does allow HOAs to impose reasonable restrictions on placement and aesthetics — but only within strict limits. Any restriction that increases cost by more than 10% or decreases efficiency by more than 10% is void under the statute.
This matters enormously in Texas, where an estimated 70–80% of new homes in major metro areas (DFW, Houston, San Antonio, Austin) are built within HOA communities. Without this law, millions of Texas homeowners would be unable to go solar.
House Bill 431, effective May 29, 2025, explicitly adds “solar roof tiles” (also known as solar shingles) to the definition of “solar energy device” under TX Property Code §202.010.
This means products like the Tesla Solar Roof, GAF Energy Timberline Solar, and CertainTeed SolarRoof now receive the exact same legal protections as traditional rooftop solar panels. Your HOA cannot prohibit or restrict solar roof tile installations.
— Texas HB 431, 89th Legislature, effective May 29, 2025
HOAs cannot ban, restrict, or create onerous approval processes for solar roof tiles. The same 10% cost and 10% efficiency guardrails apply to any placement suggestions the HOA may make.
Your HOA may suggest placement on a specific area of the roof, but you can petition the HOA if their suggested placement would reduce your system’s estimated annual energy production by more than 10%. The homeowner’s right to maximize production remains paramount.
Before HB 431, some HOAs argued that solar roof tiles were not “solar panels” and therefore not protected under §202.010. This legal gray area allowed certain HOAs to ban products like Tesla Solar Roof while permitting traditional panels. HB 431 closes that loophole entirely. If you have been told by your HOA that solar shingles are not covered, that restriction is now explicitly void under Texas law.
The law allows reasonable restrictions — as long as they stay within the 10% cost/efficiency guardrails.
Only if production loss is less than 10% compared to the optimal placement. If your south-facing roof is the only viable option, the HOA cannot force you to the rear.
Inverters, disconnects, and conduit on the ground level can be required to be screened from view with landscaping or fencing, as long as the screening does not shade the panels.
The HOA can require you to remove panels during a roof replacement, but you must be allowed to reinstall them within a reasonable time after the new roof is completed.
As long as the designated area does not reduce production by more than 10% or increase cost by more than 10% compared to your preferred placement.
Any of these actions by your HOA is void under Texas law.
Any CC&R provision that prohibits the installation of solar panels is void and unenforceable under Texas law. Period.
The HOA cannot force you to install a ground-mount system instead of roof-mount. Roof-mount is explicitly protected.
Any aesthetic requirement, placement restriction, or approval condition that would increase the total cost of the solar installation by more than 10% is prohibited.
Moving panels to a less optimal roof face, requiring specific tilt angles, or mandating flush-mount on a flat roof that reduces output by more than 10% is illegal.
The HOA cannot charge an application fee, review fee, or architectural committee fee specifically for solar panel approval.
While the HOA can require you to submit an application to the architectural review committee, they cannot deny a compliant application or delay beyond a reasonable review period.
If your solar system costs $22,000, the HOA cannot impose restrictions that push the total cost above $24,200 (a $2,200 increase).
Examples that might exceed 10%: Requiring a specific panel brand/color (+$3,000), requiring all-black microinverters instead of string inverters (+$2,500), requiring conduit to be buried underground (+$1,500).
If your system would produce 14,000 kWh/year at optimal placement, the HOA cannot require placement that drops output below 12,600 kWh/year.
Examples that might exceed 10%: Forcing panels to a north-facing roof (30–40% loss), requiring flat/flush mount when tilted is optimal (5–15% loss), requiring panels far from south exposure (varies by orientation).
Your solar installer provides the baseline: optimal system cost and estimated annual production. The HOA’s proposed restrictions are then measured against that baseline. Ask your installer for a written comparison of optimal vs. HOA-restricted system cost and production. This document is your evidence if you need to push back.
Review your HOA governing documents for any solar-related provisions. Even if restrictions exist, they may be unenforceable under Property Code §202.010. Knowing what your CC&Rs say gives you a starting point for conversation.
Send a written notice (email is fine, certified mail is better) informing your HOA that you plan to install solar panels. Include a brief description of the system, proposed placement, and a reference to TX Property Code §202.010. This is a notification, not a request for permission.
Most HOAs require an architectural review committee (ARC) submission for exterior modifications. Submit the application with your solar design, but note in the application that your installation is protected under state law. Include panel layout, equipment placement, and your installer's contact information.
Save all correspondence with the HOA — emails, letters, ARC decisions, and meeting minutes. If the HOA attempts to deny or impose illegal restrictions, this documentation protects you. Include dates and names of HOA board members you communicate with.
If your HOA denies your application or imposes illegal restrictions, send a formal letter citing Property Code §202.010 and stating that their restrictions are void under Texas law. If they persist, consult a Texas real estate attorney — many offer a free initial consultation. The HOA typically backs down once they receive a legal demand letter.
82%
$250/mo
12%
68%
$200/mo
9%
55%
$180/mo
14%
Write to the HOA board citing Texas Property Code §202.010. State that their restriction is void under state law and that you intend to proceed with installation. Send via certified mail with return receipt. Many HOAs back down at this stage.
A demand letter on attorney letterhead is far more effective than a homeowner letter. Many Texas real estate attorneys offer a free initial consultation and will write a demand letter for $200–$500. Given the strength of the law, most HOAs comply immediately.
The Texas Attorney General’s office handles HOA complaints. While they may not intervene directly, a complaint creates an official record and adds pressure. File at texasattorneygeneral.gov.
Because the law explicitly voids prohibitive CC&R provisions, you have the legal right to install solar even if the HOA has not formally approved your application. However, this is a last resort — it is better to resolve the issue first. Document everything in case the HOA attempts to fine you (fines for solar installation are also void under the law).
Legal? Partially. If all-black panels are available at no more than 10% extra cost, this is a reasonable aesthetic requirement. Most modern panels (Silfab, REC, Hyundai) come in all-black options at minimal or no upcharge. If the HOA demands a specific expensive brand that exceeds 10%, the requirement is void.
NuWatt note: Our standard panels (Hyundai 440W and Silfab 440W) are available in all-black frames. This typically satisfies HOA aesthetic requirements at no additional cost.
Legal? Only if it does not decrease efficiency by more than 10%. If your south-facing roof faces the street and the rear roof faces north, this restriction would cause a 30–40% production loss — far exceeding the 10% limit. The HOA cannot enforce this. However, if your home has a rear-facing south roof, this could be a valid requirement.
Legal? No. The HOA cannot charge a fee specifically for solar panel approval. If the HOA charges a standard architectural review fee for all exterior modifications (not just solar), that may be permissible. But a solar-specific fee is a prohibited restriction.
Legal? Absolutely not. Any CC&R provision that prohibits solar panels is void under Property Code §202.010. The HOA cannot enforce it regardless of when the CC&Rs were written or when you purchased the home. Send a demand letter citing the statute and proceed with installation.
Getting HOA approval is step one. Paying $22,000+ upfront is step two — which is where Propel helps. NuWatt's Propel financing installs FEOC-compliant Silfab 440W panels on your HOA-approved roof, with a third-party owner claiming the 40% Section 48E ITC. The savings pass to you as a fixed monthly payment: ~$117/month on an 8 kW system, $0 down, 8.99% APR, 25-year term. 660 FICO minimum.
Learn About Propel for HOA HomeownersNuWatt installs solar in HOA communities across Texas every week. We handle the HOA notification process and provide documentation that satisfies architectural review requirements.