HOA and POA Information

There have been instances where the rules of a Homeowner Association (HOA) and Property Owner Association (POA) created barriers to the installation of solar energy equipment. The State Legislature addressed this situation by passing House Bill 362. This law amended Chapter 202 of the Texas Property Code by adding Sections 202.010 and 202.011.

The law defines the limited circumstances under which an HOA or POA can prohibit or require the relocation of a solar energy installation.

We have prepared a checklist that a home owner, business owner, or an association can use in determining whether a proposed solar energy installation can be prohibited or modified by the association. We have also provided a report from the Butler Firm in Austin, Texas that offers a more in depth exploration of the legal situation. The information provided here is not intended as legal advice.