Can my HOA block solar in Texas?

The rule

An 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" except as subsection (d) allows. A provision that violates the rule "is void". A "solar energy device" has the Tax Code 171.107 meaning and "includes a solar roof tile". Source: Property Code 202.010.

What an HOA may still prohibit

1. A device that, as adjudicated by a court, threatens public health or safety or violates a law.
2. A device on property owned or maintained by the association.
3. A device on property owned in common by members.
4. A device anywhere other than the roof of the home (or another allowed structure) or a fenced yard or patio you own and maintain.
5. For a roof-mounted device: one that extends higher than or beyond the roofline; sits in an area the association has not designated (unless a different spot would raise estimated annual production by more than 10 percent, using a publicly available NREL modeling tool); does not conform to the roof slope with its top edge parallel to the roofline; or has a frame, bracket or visible piping or wiring not in a silver, bronze or black tone commonly available.
6. For a device in a fenced yard or patio: one taller than the fence line.
7. A device that, as installed, voids material warranties.
8. A device installed without prior approval by the association, or by a committee created in the dedicatory instrument that decides within a reasonable period or the period the instrument sets.

Approval has to be reasoned in writing

The association or its architectural review committee may not withhold approval when the covenants allowed by (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 placement by all owners of adjoining property is prima facie evidence that no such condition exists (subsection (e)).

New subdivisions

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

Practical points

• Get approval in writing before installing: installing without prior approval is one of the listed exceptions.
• Check placement against the list above before choosing an installer's layout.
• Ask the installer which roof face the NREL-based modeling puts at the top, since the 10 percent comparison uses that kind of tool.

Questions

Can the HOA require a particular color?

Only in the way listed: frames, brackets, and visible piping or wiring must be in a silver, bronze or black tone commonly available.

What did the 2025 amendment change?

H.B. 431 (effective 2025-05-29) added one sentence to the definition: a solar energy device "includes a solar roof tile". The bill says the change is "intended to clarify rather than change existing law". Source: H.B. 431, enrolled.

Does this apply to condos?

The statute defines a residential unit as a single-family house or a separate unit in a duplex, triplex or quadplex. Other buildings were not checked.