HOA’s and Your Right To Install Solar



Know Your Rights

If your home is part of a Home Owner’s Association you are likely accustomed to getting approval for things like paint colors or additions to your home or maybe your experience is getting those not so friendly letters in the mail.  Fortunately for you, Texas Property Code § 202.010 says that a property owners’ association may not include or enforce a provision that prohibits or restricts a property owner from installing a solar energy device.

If you read the code in it’s entirety, there are some exceptions where an HOA can get in the way.

If the Solar System…

1. threatens the public health or safety; or violates a law

2. is located on property owned or maintained by the property owners’ association

3. is located on property owned in common by the members of the property owners’ association

4. is located in an area on the property owner’s property other than:

a. on the roof of the home or of another structure allowed under a dedicatory instrument; or

b. in a fenced yard or patio owned and maintained by the property owner

5. if mounted on the roof of the home:

a. extends higher than or beyond the roofline;

b. is located in an area other than an area designated by the property owners’ association, unless the alternate location increases the estimated annual energy production of the device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the device if located in an area designated by the property owners’ association

c. does not conform to the slope of the roof and has a top edge that is not parallel to the roofline; or

d. has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace

6. if located in a fenced yard or patio, is taller than the fence line

7. as installed, voids material warranties; or

8. was installed without prior approval by the property owners’ association or by a committee created in a dedicatory instrument for such purposes that provides decisions within a reasonable period or within a period specified in the dedicatory instrument

9. During the “Development Period”

I hope this helps anyone who may be fighting with their Home Owner’s Association on whether or not they can install solar.  If you have any other questions please visit my website at DallasFtWorthRoofer.com and use our Request a Free Quote to ask away.

About James Kate Roofing & Solar

James Kate Roofing and Solar is a full-service roofing and solar company with years of experience. We are a full service solar panel provider, with everything you need to power your home or business with clean solar energy. Our professional teams of solar panel installers have extensive experience and will custom build your system to maximize results.  We will also help you maximize your return on investment with available federal and state programs, making solar more affordable than ever.

Why Choose Solar?

  • Solar power systems offer every homeowner a clean, renewable energy source that produces no carbon emissions. The result? Cleaner air, water and food for everyone.
  • Lock in your own electricity rates for the lifetime of your home solar system and declare your independence from unpredictable electricity prices.
  • It’s very durable with 25 + year factory warranty for residential, business and government applications.
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