The Texas Solar Rights Act ing to Texas Property Code Section 202.010, HOAs and POAs cannot outright prohibit or restrict a property owner from installing a solar energy device, except under specific conditions.
Created in 2021, Illinois' Homeowners' Energy Policy Statement Act enforces that “any power by the governing entity of a homeowners' association, common interest community association, or inium unit owners' association which prohibits or has the effect of prohibiting the installation of a solar energy system is ...
Homeowners Associations (HOAs) have the right to create and enforce architectural guidelines for the houses in their community. But in Arizona, an HOA can't ban solar panels. They can, however, implement restrictions.
Texas homeowners interested in installing solar panels are protected under the Right to Solar Energy Devices Act. This legislation restricts HOAs from completely denying the installation of solar energy devices on residential properties.
In Texas, we helped pass SB 398, the Solar Consumer Protection Act, in 2021. This bill further solidified the rights of solar customers in Historic Districts and HOAs. It also required solar companies to provide minimum disclosures for all solar sales and leases.
Solar Access for HOA Members is now an Indiana law! House Enrolled Act 1196 (or HEA 1196) protects anyone living in an HOA whose contract “prohibits, restricts, or limits the installation of solar energy systems by homeowners association members” or has unreasonably been denied a request to solar panels.
In addition, HOAs have the authority to enforce their rules and regulations, such as those pertaining to architectural guidelines, landscaping, and pet restrictions. Property owners' associations are responsible for maintaining and restoring common amenities such as parks, swimming pools, and clubhouses.
Texas Property Code Section 202.010 forbids HOAs and property owners associations from prohibiting outright a property owner from installing a solar energy device as defined by Texas Tax Code Section 171.107.