Texas Property Code 202.011 limits POA bans on wind and hail resistant, efficient, or solar shingles, with conditions. What it says and what to do first.
If your East Texas neighborhood has a property owners' association (POA), Texas Property Code Section 202.011 limits what it can ban on a roof. A POA may not include or enforce a provision in its governing documents that prohibits or restricts an owner who is otherwise authorized to install shingles from installing shingles that are designed primarily to be wind and hail resistant, to provide greater heating and cooling efficiency than customary composite shingles, or to provide solar generation. There's a catch: the shingles also have to resemble the shingles used or authorized in the subdivision, be more durable than and of equal or superior quality to those, and match the aesthetics of the surrounding property. It isn't a blank check, so read your documents, ask for approval in writing, and get the product details before the crew shows up.
We read the enrolled text of H.B. 362 (82nd Legislature, 2011), which added the section, and a public mirror of the current statute for Section 202.011 and Section 202.004. The mirror shows it was last verified in May 2025, so confirm the current text on the Texas Legislature's website or with an attorney. This is general information, not legal advice.
The section applies to a property owners' association and its "dedicatory instrument," which is the governing documents such as the declaration and architectural rules. It has two parts, and both matter.
The shingles must be designed primarily to:
And, when installed, they must:
The statute was added effective June 17, 2011.
Section 202.004 says a POA's exercise of discretionary authority concerning a restrictive covenant is presumed reasonable unless a court finds by a preponderance of the evidence that it was arbitrary, capricious, or discriminatory. It also says a court may assess civil damages for violating a restrictive covenant in an amount not to exceed $200 for each day of the violation.
That's a good reason not to start a roof job first and argue later. Having the approval in writing before work starts protects you either way.
None of this comes from the statute. It's how we'd approach it:
The cool-roof and insurance angles are separate questions. The DOE's guide on cool roof shingles explains how reflective shingles work, and our TDI post on FORTIFIED roofs and insurance discounts covers a different program. Don't assume one equals the other. Many cities also require a permit for a reroof, as in Tyler and Longview.
Texas law doesn't let a POA ban every upgraded shingle, but the protection is narrow: wind and hail resistant, more efficient, or solar-capable shingles that also resemble, outperform, and visually match what's in the neighborhood. Get your documents, get the product details, and get the approval in writing before the roofers start.
Planning a roof project? Request a free, no-obligation quote and get your questions answered before you sign anything.
Part of the Texas roof insurance claim guide: every step of a roof claim, in order, with links to the TDI and statute sources. Request a free roof quote in Livingston, Lufkin or Huntsville. See also what drives roof replacement cost.
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