B except as otherwise provided by subsection d a property owners association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device.
Texas law solar panels.
Hb 362 amended texas property code section 202 010 as outlined below.
About twenty four states including texas have solar access laws that limit hoas from banning solar panels.
And the power produced by these installations is increasing rapidly.
They both protect your right to harness energy from the sun but address different concerns.
While texas doesn t have a statewide solar tax credit or solar rebate program many utilities large and small and local governments offer incentives to homeowners who want to go solar.
If you live in austin you can get a rebate of 2 500.
Between december 2016 and december 2017 net solar power generated by texas utilities and small scale solar pv facilities pdf rose by more than 107 percent from 96 000.
Solar access laws and solar easements.
Texas property code section 202 010.
These laws override the hoa contract that restricts you from going solar.
In fact the law is on your side.
A recent report by environment texas and frontier group indicates san antonio leads the state in solar pv capacity and ranks eighth among u s.
2 solar energy device has the meaning assigned by section 171 107 tax code.
Hoas and poas cannot prohibit or restrict a property owner from installing a solar energy device as defined by texas tax code section 171 107.
F during the development period for a development with fewer than 51 planned residential units the declarant may prohibit or restrict a property owner from installing a solar energy device.
This is 2 60 per watt.
According to house bill 362 which was signed into law in 2011 the law forbids hoas from prohibiting solar energy installations unless several very specific circumstances occur.
Solar panel cost in texas the average cost for an installed residential solar system in texas is currently 11 557 after claiming the 26 federal solar tax credit.
There are two types of solar access rights that protect a homeowner s right to install solar.
Although solar access laws have been enacted for some time now here in texas there was one small caveat that was in place that allows hoa s of a smaller size to restrict the installation.
However the following exceptions do give hoas the power to restrict solar panels if one of the following conditions exist.
When it comes to solar panels however you have clear legal guidelines on what restrictions your hoa can place on your solar panel project in texas.
Texas has solar access laws in place that block hoa s and poa s from restricting the installation of solar panels.
Plus you re eligible for austin energy s value of solar tariff which pays you 0 097 for every kilowatt hour kwh your solar panels can generate.