Welcome to Tesla Motors Club
Discuss Tesla's Model S, Model 3, Model X, Model Y, Cybertruck, Roadster and More.
Register

Solar Roof - Texas - HOA declined

This site may earn commission on affiliate links.
Hi All,

HOA declined our solar roof last week and I was wondering if anyone had any experience around this? Not sure if it's worth appealing or just cancelling the order. The reason given was that the roof has to be "weathered wood" asphalt even though there's a clause for solar shingles and plenty of houses have solar panels. For reference, this is all I see regarding solar shingles in the HOA bylaws:
  1. Solar shingles. Any solar shingles must:
a. Be designed primarily to:​

i. be wind and hail resistant;
ii. provide heating/cooling efficiencies greater than those provided by customary composite shingles; or
iii. provide solar generation capabilities; and​

b. When installed:

i. resemble the shingles used or otherwise authorized for use on property in the subdivision;
ii. be more durable than and are of equal or superior quality to the shingles used or otherwise authorized for use on property in the subdivision;
iii. match the aesthetics of the property surrounding the Owner’s property.
I'm assuming that the b, i and b, iii are what they're going off of but I guess I figured if solar panels were ok that a solar roof would be too. Any advice or previous experience would be greatly appreciated! TIA!
 
Tesla Energy has a dept. that works on HOAs issues. I would contact them and see if they can help out. Call their Energy number and they should be able to put you in touch with the right people there to address this.
That is a good suggestion. The other thing to do would be to find a lawyer specializing in these types of HOA issues who would do a free consultation just to get a sense of what, if any, realistic options you have for challenging these rules.

I feel like the rules are a bit misguided in that to me (having a solar roof) the solar roof would not stick out any more - and arguably would stick out less - than panels. However, it may still be that their rules are considered reasonable since they don't entirely rule out solar shingle options. Unfortunately, Tesla has not brought to market the other three styles they initially announced, and I do not know if or when that might happen.
 
Hi All,

HOA declined our solar roof last week and I was wondering if anyone had any experience around this? Not sure if it's worth appealing or just cancelling the order. The reason given was that the roof has to be "weathered wood" asphalt even though there's a clause for solar shingles and plenty of houses have solar panels. For reference, this is all I see regarding solar shingles in the HOA bylaws:
  1. Solar shingles. Any solar shingles must:
a. Be designed primarily to:​

i. be wind and hail resistant;
ii. provide heating/cooling efficiencies greater than those provided by customary composite shingles; or
iii. provide solar generation capabilities; and​

b. When installed:

i. resemble the shingles used or otherwise authorized for use on property in the subdivision;
ii. be more durable than and are of equal or superior quality to the shingles used or otherwise authorized for use on property in the subdivision;
iii. match the aesthetics of the property surrounding the Owner’s property.
I'm assuming that the b, i and b, iii are what they're going off of but I guess I figured if solar panels were ok that a solar roof would be too. Any advice or previous experience would be greatly appreciated! TIA!
You may want to check with the TX state rules & regs regarding HOA restrictions on solar. In Florida, they can't restrict them, for example.
 
Tesla Energy has a dept. that works on HOAs issues. I would contact them and see if they can help out. Call their Energy number and they should be able to put you in touch with the right people there to address this.

Thanks! I didn't think they had a department since my rep didn't mention it. I sent them all the info and they said they should get back within 24 hours.
 
  • Like
Reactions: All In
Texas House Bill (HB) 362 seems like it might help you. Though, the HOA may argue their issue are with the shingles which are not generating electricity and they don't appear to be covered by the law.

Solar Rights & Regulations | www.gosolartexas.org

Awesome, thanks! This seems to be where they obtained the solar shingles rules since it's verbatim what's stated in the law. I guess the issue is around the vagueness of the words "resemble" and "match the aesthetics". I would hope I could argue those points but as a few other members mentioned above, it might be worth reaching out to a lawyer to get a legal interpretation.
 
  • Like
Reactions: eao002 and LadyLion
Awesome, thanks! This seems to be where they obtained the solar shingles rules since it's verbatim what's stated in the law. I guess the issue is around the vagueness of the words "resemble" and "match the aesthetics". I would hope I could argue those points but as a few other members mentioned above, it might be worth reaching out to a lawyer to get a legal interpretation.

I'd go the Tesla route first, they may have had experience with other neighborhoods with the same conditions (especially being boiler plate). The Tesla solar tiles are meant to look like flat shingles, not curved, orange clay Spanish roof tiles and so I think resembling and matching the aesthetics wouldn't be a problem. I could see where if you lived in Santa Barbara for example, where I think the town is required to only use the orange clay tiles, that installing a black flat slate tile would definitely stand out and not be matching the aesthetics of the town's buildings. Let us know how you make out.

The fact your by-laws allow and reference solar shingles that provide electrical power has to exclude anything that is weathered wood asphalt (which clearly don't generate power).
 
Maybe too late for this, but here is another resource for Texas residents:
Homeowners associations and solar access in Texas - Solar United Neighbors
That does make it sound like the HOA is in the wrong (though I would guess that these guys and the HOA might have differing interpretations of some of the rules.) The most interesting item in the list is "The system has an element that is not in a silver, bronze, or black tone". Since the solar roof is all black (other than any conduit, which is silver in color and can be painted) this would seem to override any roof color restrictions the HOA might have.

I would guess the only possible hang-up would be the definition of "system". There was at a time some debate in the federal ITC context of whether non-producing tiles were part of an integrated system and thus qualified for the ITC (IRS seems pretty clear they are not.) I suppose the HOA could argue that the non-producing tiles are not part of the system and thus must be in an HOA-approved color. I think that seems pretty ridiculous, but it might be legal.
 
For solar panels/roof, an HOA is likely limited only to make recommendations on changes that can improve the aesthetics, protecting the property value for all homeowners - but probably can't deny a request to install solar power generation.

Since this could impact Tesla's ability to sell solar roofs in Texas, they should take the lead in fighting this, establishing a precedent that would apply to any other Texas customers encountering this problem. An individual homeowner shouldn't be required to invest in the legal representation that may be needed to educate the HOA on the extent of their control.

HOAs are run by homeowners - they may not be aware of the extent or restrictions they have - especially for new technologies like solar panels or roofs, similar to what happened when satellite dishes became popular...
 
I live in Texas.. My HOA told me there isn't jack that can be done to stop a home owner from installing a solar system. Legally they have to allow it..

The only thing my HOA said I can't do is a ground system, or have the panels extend above the roofline..

Sounds like you have an HOA that understands their role. Unfortunately, not all HOAs understand this, and may try to enforce restrictions even though they don't have the legal authority - which could end up getting lawyers involved to fight their attempted enforcement.

When I ran an HOA years ago, we had a similar situation with satellite dishes. The HOA couldn't prevent them from being installed. However, we reviewed each request and made recommendations on alternative locations for installing the dishes, to minimize visual impact from the street. While the HOA couldn't enforce this, most homeowners did make the changes.

Something similar is likely true with solar panels. The HOA probably can't do anything to stop it, even though their approval is evidently required before the installers can proceed. Though the HOAs should still provide recommendations (which are optional) on changes that could improve the visual impact of the system - such as minimizing the visual impact of conduit on the roof and along the sides of the house.

Tesla (and other installers) should take the lead in working with the HOA on this, since they are doing multiple installations in the area - and are in a much better position to educate the HOAs on what they are and are not authorized to restrict.
 
  • Helpful
Reactions: ohmman
We have also been denied a Tesla roof install by the HOA based on same exact reason as original post. The HOA is restricting the solar device based on roofing materials. Our neighborhood also requires wood look shingles. We are contacting Tesla Energy and a local attorney that helped our roofer get his own Tesla roof installed.
 
We have also been denied a Tesla roof install by the HOA based on same exact reason as original post. The HOA is restricting the solar device based on roofing materials. Our neighborhood also requires wood look shingles. We are contacting Tesla Energy and a local attorney that helped our roofer get his own Tesla roof installed.

HOA's have too much power. I understand their utility in keeping a neighborhood looking clean and uniform, but they often go too far.

Good luck, I hope you win (and make the HOA pay your attorney costs too!).