Homeowners who want to install solar panels on their properties often run into obstacles such as local laws and homeowners association restrictions.
An HOA sets rules for neighborhood residents and can prevent them from making small decisions, including displaying certain decorations, but also large ones, including with regard to home construction or solar usage.
These restrictions can be vague and leave people unsure of what they can and can't do. One Texan turned to Reddit to ask for opinions on the legality of going solar under a similar type of oversight.
"I know there is a lot of clarity and understanding when it comes to HOAs trying to regulate solar panels. However, I don't have an HOA," the user posted on the r/solar subreddit. "I have CC&Rs to abide to."
Covenants, conditions, and restrictions for homeowners are rules that are typically enforced by an HOA board. But if a neighborhood doesn't have an HOA, the CC&Rs may be enforced by other homeowners in the area through legal action.
The poster shared that their CC&R states that solar panels must be approved by an architectural reviewer and comply with their regulations before being installed. But it's not so cut and dried: Even if these requirements aren't met, there are "right to sun" laws in the Lone Star State that protect homeowners to an extent when it comes to solar.
"Someone had mentioned to me before that any rule regarding solar panels in CC&Rs is illegal," the Redditor said. "I'm not 100% sure on that, so I'm trying to get clarity on the Texas right to sun laws before moving forward with a solar installation."
The Texas Solar Rights Act was enacted to give homeowners the right to use solar power. It prohibits HOAs from restricting residents from installing solar panels, except under specific conditions. But if a neighborhood has no HOA and instead just a CC&R or some other potential restriction, what is legal and what is not can get confusing.
Fortunately for this Redditor, the answer seems to be that the law should treat CC&Rs the same as HOAs, according to one commenter, who added a disclaimer that they were not a lawyer but also pointed to the specific part of the code on restrictive covenants that does appear to be applicable.
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"Seems like TITLE 11 Restrictive Covenants Chapter 202, Section 010 treats CC&Rs as HOA equivalents allowing for solar," they wrote.
Making sense of federal and state laws on top of local neighborhood rules is an arduous undertaking for any homeowner looking to make money-saving and eco-friendly updates to their home. HOAs have often been caught trying to ban residents from using solar panels in states with similar protection laws.
These restrictions can negatively impact both homeowners and the environment. If you want to work with your HOA to change established rules on eco-friendly updates, use TCD's HOA guide as a resource.
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