Solar Panels – HOA Rules

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Under the Texas Property Code, Associations cannot restrict a homeowner from installing solar panels. But, they can restrict the types of materials used in installing solar panels and the location of the solar panels. There has been an increase in the use of solar panels and the need for clean energy. How is that going to affect the enforcement of deed restrictions and the ability of the HOA to place reasonable restrictions on the use of solar panels?


The Inflation Reduction Act was passed by the legislature to help consumers with the installation of solar panels, which can be quite high. Homeowners can add 30% of the cost of installing solar panels as a credit on their tax return. This is a huge incentive to homeowners to install solar panels on their homes. 


Under 202.010, the association is extremely limited in restricting solar panels. But, the association can implement policies on the material and placement of solar panels. In addition, if the installation of solar panels is a public safety issue, the association can restrict the installation. Even if limited on restrictions, the homeowner must still submit an application to the association to detail where the solar panel is going to be placed and how the installation will occur. But, the association or architectural control committee cannot withhold approval if the code section requirements are met or are far exceeded. A developer may prohibit solar panels when in a development period there are fewer than 51 planned residential units.


Regardless of how the residents feel about clean energy, climate change, or solar panels specifically, HOAs need to be familiar with how solar panels are installed and the consequences of moving panels or the materials involved in installing solar panels.

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By Admin December 1, 2025
It is time to put up holiday decorations!! I love this time of year! The week of Christmas, my family and I go out and look at all of the holiday decorations and lights. But, what about the HOA? Some HOAs, that have the budget for decorations, might put up lights and bows in the HOA common area. Most HOAs hire someone to put and take down décor. I am sure a lot of people wish they could hire someone for their own personal decorations. No one wants to get that dreaded letter from the HOA stating that they need to take down decorations. No HOA wants to be considered a scrooge at the holidays either. I read an article from 2019 where a Texas HOA asked a couple to take down their holiday decorations because they were installed too early. The mother was pregnant with their third child and they needed to put the decorations up early because she was due to have her baby a month later. Oops! I think that whole situation could have been avoided if both parties communicated with each other. Here are some tips regarding how to avoid those uncomfortable situations. Draft guidelines if the declarations allow for it. In those guidelines, the HOA can set a timeline for when decorations can be put up and when they need to be taken down (be reasonable!). The guidelines can also address any nuisance concerns (such as lights and other noisy or distracting decorations that can cause issues). Don’t limit the types of decorations or the subject matter. Limiting some colors or certain types of decorations used in specific religions or cultures can actually open the Association to liability. Using specific identifying words in any guidelines can alienate homeowners. The Association should air on the side of caution when prohibiting decorations and the wording should be broad enough to include everyone. Lastly, communicate with each other! If there are decorations that are causing issues, talk to neighbors about it. If you want to install decorations before the guideline dates, call the HOA or management company. Give them the reason why early installation is needed. The point is to be inclusive and keep the Association safe and happy. I hope everyone is safe and happy during the holidays! 
By Admin December 1, 2025