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.
- Checklist for homeowners and Sample Letter to POA or HOA
- Legislative update from the Butler Firm
- 82(R) HB 362
- Request a presentation from Solar San Antonio at your next HOA or POA meeting.
- If you have questions about this bill or general solar questions please call us at 210-354-0236.
The City of San Antonio’s Office of Historic Preservation has set guidelines for solar panels on locally designated historic properties. The full document can be downloaded here. When planning the installation of solar panels the overall objective is to preserve character-defining features and the historic fabric while accommodating the need for solar access to the greatest extent possible.
All solar panel installations must be considered on a case by case basis recognizing that the best option will depend on the characteristics of the property under consideration. Some guidelines apply to virtually all installation options and are repeated in each section.
All solar panel installations should conform to the Secretary of the Interior’s Standards for Rehabilitation. Applicable Standards are:
- Standard Two: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
- Standard Nine: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
For most properties, locating solar panels on the primary facade is not an option because it will adversely effect on the property’s character defining features. All other options should be thoroughly explored, as detailed in the document.