Can your HOA stop you from installing solar panels?

Key facts

• Tex. Prop. Code 202.010(b): "(b) Except as otherwise provided by Subsection (d), a property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device."

  Source: Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026.

• Fla. Stat. 163.04(2): "(2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit."

  Source: Florida Statutes section 163.04, Energy devices based on renewable resources, Online Sunshine, read 22 October 2026.

• Cal. Civ. Code 714(e)(2)(B): "(B) If an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information."

  Source: California Civil Code section 714, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

• Va. Code 55.1-1820.1(B): "B. No association shall prohibit an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for the association establishes such a prohibition. However, an association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices on property designated and intended for individual ownership and use."

  Source: Va. Code section 55.1-1820.1, Installation of solar energy collection devices, Code of Virginia, read 22 October 2026.

Can a Texas HOA prohibit a solar energy device?

Only in the cases its statute lists. Texas Property Code section 202.010 says a property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device, except as otherwise provided by Subsection (d). Subsections (b) and (c), read 22 October 2026: "(b) Except as otherwise provided by Subsection (d), a property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device." "(c) A provision that violates Subsection (b) is void."

Source: Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026.

On roof tiles, the section's definition of a solar energy device ends: "The term includes a solar roof tile."

Source: Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026.

Subsection (d) lists the cases in which an association may still prohibit a device. Its opening words and three items on where the device sits: "(d) A property owners' association may include or enforce a provision in a dedicatory instrument that prohibits a solar energy device that:" "(2) is located on property owned or maintained by the property owners' association;" "(3) is located on property owned in common by the members of the property owners' association;" "(4) is located in an area on the property owner's property other than:" "(A) on the roof of the home or of another structure allowed under a dedicatory instrument; or" "(B) in a fenced yard or patio owned and maintained by the property owner;"

Source: Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026.

Item (8) of the same list, on approval: "(8) was installed without prior approval by the property owners' association or by a committee created in a dedicatory instrument for such purposes that provides decisions within a reasonable period or within a period specified in the dedicatory instrument."

Source: Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026.

Subsection (e), on withholding approval: "(e) A property owners' association or the association's architectural review committee may not withhold approval for installation of a solar energy device if the provisions of the dedicatory instruments to the extent authorized by Subsection (d) are met or exceeded, unless the association or committee, as applicable, determines in writing that placement of the device as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities."

Source: Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026.

Subsection (f), on newer developments: "(f) During the development period for a development with fewer than 51 planned residential units, the declarant may prohibit or restrict a property owner from installing a solar energy device."

Source: Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026.

The other items of subsection (d), on court rulings, roof-mounted placement and appearance, fence height and warranties, are left out here; the full text is at the Texas Constitution and Statutes link in Sources.

Can a Florida HOA deny permission for solar collectors?

Florida Statutes section 163.04(2) says a property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. The subsection, read 22 October 2026, in its own words: "(2) A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit."

Source: Florida Statutes section 163.04, Energy devices based on renewable resources, Online Sunshine, read 22 October 2026.

The last sentence of subsection (2), on where on the roof: "Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors."

Source: Florida Statutes section 163.04, Energy devices based on renewable resources, Online Sunshine, read 22 October 2026.

Subsection (3), on lawsuits: "(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees."

Source: Florida Statutes section 163.04, Energy devices based on renewable resources, Online Sunshine, read 22 October 2026.

How long does a California HOA have to answer a solar application?

California Civil Code section 714(e)(2) says that for an approving entity that is an association, as defined in Section 4080 or 6528, and that is not a public entity, the approval or denial of an application shall be in writing, and if an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information. Paragraph (2) and its two items, read 22 October 2026: "(2) For an approving entity that is an association, as defined in Section 4080 or 6528, and that is not a public entity, both of the following shall apply:" "(A) The approval or denial of an application shall be in writing." "(B) If an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information."

Source: California Civil Code section 714, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

Subdivision (a), on rules that block solar: "(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, as defined in Section 4150 or 6552, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable."

Source: California Civil Code section 714, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

Subdivision (b), on reasonable restrictions, in two of its sentences: "(b) This section does not apply to provisions that impose reasonable restrictions on solar energy systems." "Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits."

Source: California Civil Code section 714, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

Subdivision (d) defines how much counts as significantly for each kind of system; that definition and the rest of the section are at the California Legislative Information link in Sources.

What do Virginia and Arizona say about solar restrictions?

Va. Code section 55.1-1820.1(B) says no association shall prohibit an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for the association establishes such a prohibition. Subsection B, read 22 October 2026: "B. No association shall prohibit an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for the association establishes such a prohibition. However, an association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices on property designated and intended for individual ownership and use."

Source: Va. Code section 55.1-1820.1, Installation of solar energy collection devices, Code of Virginia, read 22 October 2026.

The first sentence of subsection C, on when a restriction is not reasonable: "C. A restriction shall be deemed not to be reasonable if application of the restriction to a particular proposal (i) increases the cost of installation of the solar energy collection device by five percent over the projected cost of the initially proposed installation or (ii) reduces the energy production by the solar energy collection device by 10 percent below the projected energy production of the initially proposed installation."

Source: Va. Code section 55.1-1820.1, Installation of solar energy collection devices, Code of Virginia, read 22 October 2026.

The next sentence of subsection C names the documentation the owner shall provide to show a restriction is not reasonable; it is linked in Sources under Code of Virginia. Subsection D, on shared areas: "D. The association may prohibit or restrict the installation of solar energy collection devices on the common elements or common area within the real estate development served by the association."

Source: Va. Code section 55.1-1820.1, Installation of solar energy collection devices, Code of Virginia, read 22 October 2026.

Arizona Revised Statutes section 33-439(A) says any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable. Subsection A, read 22 October 2026: "A. Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable."

Source: Arizona Revised Statutes section 33-439, Restrictions on installation or use of solar energy devices invalid, Arizona Legislature, read 22 October 2026.

Subsection B, on older documents: "B. A deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property entered into before April 17, 1980 shall not be subject to the provisions of this section."

Source: Arizona Revised Statutes section 33-439, Restrictions on installation or use of solar energy devices invalid, Arizona Legislature, read 22 October 2026.

What should you do before asking your HOA to approve solar?

Get your association's approval in writing before any panel goes on the roof, and keep a dated copy of everything you send and receive. This is practical reasoning, not legal advice and not a finding from any agency.

1. Ask the association for its recorded declaration, its architectural guidelines and its application form, and read every line that mentions solar, roofs or exterior changes.
2. Find your own state's statute on solar and association rules on the legislature's website, and read the section in full; the sections on this page are not the only ones.
3. Ask each contractor bidding on the job for a roof layout drawing you can attach to the application, and ask whether a second layout is possible if the association wants a different spot.
4. Send the application in writing, keep proof of the day it was received, and write that day on your calendar.
5. If you are in Texas, note that the list of cases in which an association may prohibit a device includes one that "(8) was installed without prior approval by the property owners' association or by a committee created in a dedicatory instrument for such purposes that provides decisions within a reasonable period or within a period specified in the dedicatory instrument."

   Source: Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026.

6. Do not let installation start until the approval is in your hands, and keep the signed approval with your solar contract.
7. If the association says no, ask for the reason in writing and which rule it relies on, then compare that rule with your state's statute.
8. Ask your state attorney general's consumer protection office, or a lawyer in your state, how your state's law applies to your association.

Who sees your contact details when you post on InstaBids?

Contact details stay hidden until the homeowner picks a contractor and they confirm the connection.

Source: InstaBids process and privacy, live-page excerpts, read 22 October 2026.

Sources for the facts on this page

• Texas Property Code section 202.010, Regulation of solar energy devices, Texas Constitution and Statutes, read 22 October 2026
• Florida Statutes section 163.04, Energy devices based on renewable resources, Online Sunshine, read 22 October 2026
• California Civil Code section 714, California Legislative Information, read 22 October 2026
• Va. Code section 55.1-1820.1, Installation of solar energy collection devices, Code of Virginia, read 22 October 2026
• Arizona Revised Statutes section 33-439, Restrictions on installation or use of solar energy devices invalid, Arizona Legislature, read 22 October 2026
• InstaBids process and privacy, live-page excerpts reviewed 22 October 2026.