HOA- Solar rights
Most of the residents in TX live in communities that have a Homeowner Owner’s Association (HOA).
According to House Bill 362, Enacted and Effective date of 6/17/2011, Texas Tax Code Section 171.107, it states that the HOA are not allowed to include or enforce provisions within their regulations, covenants, or by-laws that prohibit or restrict homeowners from installing a solar energy device.
However, HOA’s may prohibit solar energy devices if they are found to be illegal or violate public health and safety. While HOA’s have a heavy hand in communities, they also serve a beneficial purpose in the community. The main purpose of a HOA is to upkeep the community. This allows the homeowner to have the maximum market-value for their home should they sell. To some the HOA is still a “bully”, they have a vast control of “your” property, to be sustainable for a homeowner, there is generally a fight with the HOA but the court systems and world leaders have stepped in to promote a sustainable future.
There is a good example of a law in effect that will allow homeowners the opportunity to go “green”. Along, with assisting the homeowner’s fight against the HOA