83R5674 NC-F
By: Parker H.B. No. 2338
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of restrictive covenants regarding
solar panels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 202.010(d) and (e), Property Code, are
amended to read as follows:
(d) A property owners' association may include or enforce a
provision in a dedicatory instrument that prohibits a solar energy
device that:
(1) as adjudicated by a court:
(A) threatens the public health or safety; or
(B) violates a law;
(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;
(5) if mounted on the roof of the home:
(A) extends higher than or beyond the roofline;
(B) is located in an area other than an area
designated by the property owners' association, unless the
alternate location increases the estimated annual energy
production of the device, as determined by using a publicly
available modeling tool provided by the National Renewable Energy
Laboratory, by more than 10 percent above the energy production of
the device if located in an area designated by the property owners'
association and an additional device is not installed in the
designated area;
(C) does not conform to the slope of the roof and
has a top edge that is not parallel to the roofline; [or]
(D) has a frame, a support bracket, or visible
piping or wiring that is not in a silver, bronze, or black tone
commonly available in the marketplace;
(E) is directly visible from the street in front
of the property;
(F) weighs more than the roof can support as
determined by a building inspector; or
(G) covers more than 50 percent of the roof
surface;
(6) if located in a fenced yard or patio, is taller
than the fence line or is otherwise not reasonably concealed from
the public's view by a privacy fence;
(7) as installed, voids material warranties; [or]
(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;
(9) generates more electricity than necessary for the
residence; or
(10) impacts the electric service of neighboring
properties by interfering with the service or creating voltage
spikes.
(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. The association or committee shall request written
comments regarding the placement of the device from the property
owners of property in the subdivision that is located not more than
50 yards from the lot line of the property of the property owner
requesting the approval. For purposes of making a determination
under this subsection, the written approval of the proposed
placement of the device by a majority of the nearby [all] property
owners [of adjoining property] constitutes prima facie evidence
that such a condition does not exist, and written disapproval of the
proposed placement by a majority of the nearby property owners
constitutes prima facie evidence that such a condition does exist.
SECTION 2. This Act takes effect September 1, 2013.