Texas HB-362 passed in the 82nd Legislative session (2011), limits HOAs and POAs from restricting solar devices outright. While working with a few Solarize Plano participants and other residents in Plano, we have encounter a few instances were HOAs have initially denied placement of street facing southern exposure solar panels.
Under the Texas solar legislation, an HOA cannot prevent you from installing solar panels on your south facing roof if it faces the street. You just have to work with the solar installation company to show that any alternate location proposed by the HOA that doesn't use the south facing roof will decrease efficiency (annual production) by 10% or more. This is generally not a problem when comparing south facing roof placed solar panels vs solar panels facing east or west.
It is recommended that persons installing solar PV and that live in an HOA governed area, and that need to install panels on their south facing street facing roof, to have their solar company include upfront in their submission to the HOA review committee the necessary calculations for their planned solar PV system that show that not using the south facing roof will decrease annual production by 10% or greater. Including this in the initial submission should help reduce the overall HOA review cycle time.
If you, or anyone you know, has been holding off installing solar PV because of this, we can help them through the process. To reach us for assistance, please use our "Contact Us" form.
For additional information, please see our "Useful Links" page and scroll down to the section titled "Policy & References related to HOAs (Home Owners Associations)"
Thoughts and feedback on this topic would be appreciated!
Plano Solar Advocates (LH)