Knowledge

What to Expect: Your HOA and Solar Panels

Written by Sebastian Sovero | Jul 10, 2024 8:10:41 PM

Can Your HOA Prevent You from Installing Solar Panels?


Living in a community with a homeowners association (HOA) means you are among the 40 million households in the U.S. under HOA governance. These entities, often set up by real estate developers or groups of homeowners, oversee community standards, including home aesthetics and modifications. If you're considering solar panel installation, it's crucial to understand the potential restrictions imposed by your HOA. This guide will help you navigate state-specific HOA rules regarding home solar installations.


Understanding HOA Restrictions on Solar Panels


While HOAs can't completely stop you from installing solar panels, they can enforce certain guidelines. These rules vary by state but typically require homeowners to seek HOA approval before proceeding with an installation. Here’s a breakdown of specific regulations in Texas, Oklahoma, and Florida where The Solar Cowboys provides service.

Texas Solar Access Law

Texas laws, particularly Senate Bill (Texas House Bill 362) and Texas Tax Code Section 171.107, protect homeowners' rights to install solar panels in Texas with certain stipulations:

- HOA approval is required before installation begins.
- Solar systems must be in silver, bronze, or black tones.
- Installations must comply with warranty requirements.
- Ground-mounted systems should not exceed the height of the homeowner’s fence.
- Solar panels should not be higher than the roofline or installed unparallel to the roof's slope.
- Solar panels are not allowed in subdivisions with shared properties.
- Installations must not pose public health or safety risks.

HOAs can specify the placement of solar panels on the roof, but homeowners can suggest an alternate location if it can be proven to generate 10% more energy using the National Renewable Energy Laboratory’s modeling tool.

Oklahoma Solar Access Law

In Oklahoma, Title 60, Section 820.1 prohibits HOAs from banning solar panel installations outright but allows for certain conditions:

- Appearance guidelines should not significantly increase costs or reduce efficiency.
- Safety requirements must be met to protect individuals and property.
- Installations must be on the homeowner’s property and not on leased property, commercial loan collateral, or common HOA-owned property without proper permissions.

 

Florida Solar Access Law

Florida Statute 163.04 ensures homeowners can install solar panels with the following restrictions:
- Solar panels should face south or within 45 degrees of true south.
- HOAs can determine the installation site on the roof as long as it doesn’t compromise system efficiency.
- The system must not pose risks to public health, safety, or welfare.

House Bill 697 allows condo boards to install solar panels without unit owner approval while also permitting unit owners to install their own panels independently of the board’s actions.

The Role of Solar Easements

Solar easements are voluntary agreements that facilitate solar panel installations by addressing potential issues like tree trimming to avoid shading or restricting building additions that could obstruct sunlight. These agreements are crucial in rapidly developing neighborhoods or areas where maximizing solar power generation is a priority.

Navigating HOA Regulations for Solar Panel Installation

Understanding HOA restrictions on solar panels is essential for a smooth installation process. The Solar Cowboys are here to help you navigate these rules and ensure your solar system operates at peak efficiency. Beyond installation weather you need maintenance, repairs, or upgrades, our expert team is ready to assist.

For more details about our services and how The Solar Cowboys can benefit your home, contact The Solar Cowboys at (844) 575-0055 or fill out our online inquiry form to schedule a free consultation.

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