The purpose of these laws is to prevent homeowner s associations from banning solar panels and often also prevents them from having contracts that restrict homeowners from installing solar panels on their homes.
Hoa solar panels texas.
About twenty four states including texas have solar access laws that limit hoas from banning solar panels.
The key is to check your state s solar access rights to see if it can prevent you from going solar.
When it comes to solar panels however you have clear legal guidelines on what restrictions your hoa can place on your solar panel project in texas.
There are two types of solar access rights that protect a homeowner s right to install solar.
Hb 362 amended texas property code section 202 010 as outlined below.
In some cases an hoa may deny you for aesthetic reasons.
The law reads in part.
However the following exceptions do give hoas the power to restrict solar panels if one of the following conditions exist.
Texas property code section 202 010.
Many homeowners discover after the fact that their request to install solar is denied by homeowners association board members due to clauses written in their hoa bylaws.
Community officials believe solar panels change the pre planned aesthetics and landscape of the neighborhood and generally look out of place.
Solar access laws and solar easements.
According to house bill 362 which was signed into law in 2011 the law forbids hoas from prohibiting solar energy installations unless several very specific circumstances occur.
The main concern of hoa boards are that solar panels may drastically lower home values especially in cases where only a few homes within a community have panels installed.
B except as otherwise provided by subsection d 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 device.
Hoa solar provisions state of texas texas law also stipulates that the hoa may designate where the solar device should be located on a roof unless a homeowner can show that the designation negatively impacts the performance of the solar energy device and an alternative location would increase production by more than 10.
Homeowners associations have limited power when it comes to the placement of solar panels but generally if the solar panels are installed on the roof of a home it is out of the hoa s jurisdiction.
These laws override the hoa contract that restricts you from going solar.
In fact the law is on your side.
2 solar energy device has the meaning assigned by section 171 107 tax code.
The new law restricts homeowner associations hoa in texas from enacting provisions that outright forbid the installation of solar energy systems.
Examples of states that have enacted solar access rights laws including california utah texas arizona and florida.
B except as otherwise provided by subsection d 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.
