There have been instances where the rules of a Homeowner Association (HOA) and Property Owner Association (POA) created barriers to the installation of solar energy equipment. The State Legislature addressed this situation by passing House Bill 362. This law amended Chapter 202 of the Texas Property Code by adding Sections 202.010 and 202.011.
There are several other provisions in the law, of course. As long as the answer to these questions is “no,” the HOA cannot bar installation or force a homeowner into relocating residential solar systems:
1. Does the installation threaten public health or safety?
2. Does it violate a law?
3. Is it on property maintained or owned by the HOA?
4. Is it located anywhere other than the home roof or other approved structure, or inside a fenced patio or yard maintained by the owner?
5. Does it extend higher than the roof line?
6. Does it not conform to the slope of the roof line?
7. Is the frame, piping or wiring any color other than black, silver or bronze?
8. Does it include a ground mount system that is higher than the fence line?
9. Does the installation void warranties?
10. Does it cause “unreasonable annoyance or discomfort?”
Again, if the answer to all of these questions is “no,” an HOA or POA can neither keep you from installing your system nor require you to move it.
We have prepared a checklist that a home owner, business owner, or an association can use in determining whether a proposed solar energy installation can be prohibited or modified by the association. We have also provided a report from the Butler Firm in Austin, Texas that offers a more in depth exploration of the legal situation. The information provided here is not intended as legal advice.
Checklist, Sample Letter to HOA