We are frequently asked if a Homeowners Association is required to allow an owner to have solar panels in their neighborhood.
Section 202.010(b) of the Texas Property Code states that “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.”
Section 202.010(d) outlines certain exceptions to this rule wherein an Association may prohibit an owner from installing such a device. They include:
1) A court rules the device threatens public health or safety;
2) A court rules the device violates the law;
3) The device is located on property owned by the Association;
4) The device is located on common property with another member;
5) If the installation voids warranties;
6) If the device was installed without prior approval of the Association
7) The placement of the device constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.
The Association may not deny an owner’s right to install panels simply because they are found to be unsightly.
The Solar Panels must be located on one of the following areas:
1) The owner’s roof;
2) Another structure allowed by the Association under the Dedicatory Instruments; or
3) The Fenced yard or patio of the owner below the owner’s fence line;
If the owner chooses to mount his panels upon the roof, then the association is allowed to designate the area on which they must be mounted. If the owner can show that an alternate mounting location on the roof increases the estimated annual energy production by 10% or more. This estimation must be done by a publicly available modeling tool provided by the National Renewable Energy Laboratory. The installation must also conform to the slope of the roof, be of a certain color, and have a top edge parallel to the roof line.
If the Association attempts to deny the owner’s right to install the solar panels by stating that “the placement of the device constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities,” then the owner may rebut this by obtaining the written approval of all property owners of adjoining property. Texas law has defined “adjoining” as “touching or contiguous, as distinguished from lying near or adjacent.” As such, the owner will not be required to go to all of his neighbors in an attempt to obtain the approvals.
Please note that the above does not require the owner to first obtain the approval of adjoining property owners prior to installation or approval. The owner is allowed to seek the written approval in an attempt to rebut the Association’s denial due to “unreasonable discomfort or annoyance to persons of ordinary sensibilities.”
The Texas Legislature was quite clear in their passage of TPC 202.010(b), Associations must allow owners to have solar panels.