It can sometimes be a pain in the proverbial, dealing with homeowners associations, but if you live within the jurisdiction of an HOA, you usually have to obey their rules unless you have a very good reason to do otherwise. But can an HOA prohibit you from having solar panels installed on the roof of your home?
What the law says about solar for homes in Texas
Fortunately, when it comes to solar panels, the law is on the side of the residents of a subdivision, planned community or condominium building, and there are very clear legal guidelines as to what restrictions HOAs can place on you should you wish to make the switch to solar. In fact, they are not permitted to ban a solar energy installation unless very specific circumstances occur, such as the following:
For solar panels mounted on the roof, the system must not extend beyond the roofline and must be parallel to it, conforming to its slope. Additionally, the wiring and bracketing must be either silver, bronze or black.
Do you need permission from your HOA before going ahead with an installation?
Yes. Legislation states that if you want to go ahead and have a solar system installed either on your roof or in your yard, then you must first seek written approval from your HOA. Should they deem the solar installation to be interfering with the use and enjoyment of the land by other residents, permission may be denied.
What other restrictions might your HOA enforce?
HOAs are within their rights to tell you where a solar system can and can’t be installed, and roof mounted solar panels may be denied permission, if they would be visible from the street. If you can prove that the area your HOA have designated instead, will have a negative impact on the system’s efficiency by using the National Renewable Energy Laboratory’s PV Watts calculator, there is a chance you’ll be able to stick to its original location.
What to do when proposing a solar installation to your HOA
With a copy of the latest legislation in hand and a very open mind, you can prepare your case for the HOA and hopefully be successful. Try to reinforce the many benefits of a solar system that exist, not just for you but for the environment as a whole, and push the fact that solar homes are typically more attractive for buyers and beneficial for the entire neighborhood.
In the majority of instances, HOAs deny solar installation purely on the grounds of maintaining property value and the aesthetic appeal of the neighborhood alone, and will not object to your intent to reduce your carbon footprint and save money on your electricity bills. If your HOA has denied you the permission to have a solar installation, you can seek help from a solar power professional or an attorney to have the decision overturned.
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