Solar Rights (Texas)

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Last modified on February 12, 2015.

Rules Regulations Policies Program

Place Texas

Name Solar Rights (Texas)
Incentive Type Solar/Wind Access Policy
Applicable Sector Residential
Eligible Technologies Photovoltaics, Solar Pool Heating, Solar Space Heat, Solar Water Heat
Active Incentive Yes

Implementing Sector State/Territory
Energy Category Renewable Energy Incentive Programs















































Last DSIRE Review 2013-04-22
Last Substantive Modification
to Summary by DSIRE
2011-06-24


Incentive Source http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=TX33R&re=1&ee=1


Summary

Property Owners' Associations (also known as Homeowner Owners' Associations or HOAs) are not allowed to include or enforce provisions within their regulations, covenants, or by-laws that prohibit or restrict homeowners from installing a solar energy device. While in theory this law protects homeowners' right to go solar, there are several caveats and exceptions that allow HOAs to maintain authority to include and enforce provisions that could prohibit and/or regulate the solar energy devices in certain situations.

Specifically, HOAs may prohibit solar energy devices if they are found to be illegal or violate public health and safety, as decided by a court. HOAs may prohibit or regulate solar on common property within the subdivision or property that is owned or maintained by the association. HOAs may also regulate (or prohibit) solar devices that are on the roof if they extend above the roof line, are not parallel to the roof line, or do not conform to the slope of the roof. The HOAs may also regulate (or prohibit) solar energy devices installed on the ground in a fenced yard if they are taller than the fence.There are a few additional caveats that would allow HOAs to prohibit or restrict the installation of a solar energy device: if the solar energy device is installed in a way that voids its warranties or if any frames or wiring/piping are not silver, bronze or black.

The 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%. To show this, the law requires that modeling tools provided by the National Renewable Energy Laboratory (NREL) be used. While not specified by name in the law, one of NREL's available tools that could accomplish this is called In My Backyard (IMBY).

The HOA may be allowed to prohibit the installation of a solar energy device if the homeowner does not receive prior approval from the association. If, in seeking the approval, the HOA finds that the proposed solar energy device will create a condition that harms or interferes with other people's "use and enjoyment of the land," the HOA may prohibit the installation as well. Homeowners should seek written support from neighboring properties in order to prove that this condition does not exist.

In the case of developments or subdivisions that are still under the builder's control and the HOA has not yet transferred to the property owners, the builder can prohibit or restrict a homeowner for installing a solar energy device.

 


      
     
     

Authorities (Please contact the if there are any file problems.)

Authority 1: Texas Property Code § 202.010
Date Effective 2011-06-17
Date Enacted 2011-06-17


Authority 2: Texas Tax Code § 171.107
Date Effective 1981 (subsequently amended)
Date Enacted 1982

















  • Incentive and policy data are reviewed and approved by the N.C. Solar Center's DSIRE project staff.[1]

References

  1.  "Database of State Incentives for Renewables and Efficiency (DSIRE)"