2026 HOA Law Changes: Texas Solar & Drought Protections + Washington WUCIOA Update

Two states just gave homeowners powerful new tools against their HOAs. Texas passed a pair of laws protecting solar panel owners and homeowners dealing with drought — two of the most common friction points between homeowners and their HOA boards. Washington expanded its comprehensive HOA reform act (WUCIOA) to cover older communities that were previously exempt.

If you live in Texas or Washington and you're dealing with an HOA violation, these new protections may apply to your case. Here's what changed and how to use it.

Texas Property Code §202.010 has long protected homeowners' rights to install solar energy devices — your HOA can't ban traditional solar panels. But there was a loophole: the law didn't explicitly cover solar roof tiles (like Tesla Solar Roof) that integrate photovoltaic cells into roofing materials.

HB 431, effective May 29, 2025, closes that loophole by amending §202.010 to explicitly include "solar roof tiles" in the definition of "solar energy device."

What This Means for You

• Your HOA cannot prohibit solar roof tiles under architectural guidelines
• HOAs cannot require you to use traditional shingles instead of solar tiles
• The HOA can still impose reasonable placement restrictions that don't prevent the device from producing energy or increase cost by more than 10%
• If your HOA fined you for installing solar roof tiles, cite HB 431 and Texas Property Code §202.010 in your response

This is the law Texas homeowners have been waiting for. HB 517, effective September 1, 2025, amends Texas Property Code §202.008 to protect homeowners from landscaping violations during water restrictions.

Key Provisions

• No fines for brown or discolored vegetation during any period when water use restrictions are in effect in your area
• Protection extends 60 days after restrictions are lifted — your lawn needs time to recover, and the law recognizes that
• HOAs cannot require you to install new grass or turf during active drought conditions
• Existing protections in §202.007 for water-conserving landscaping (xeriscaping) remain in effect

How to Use HB 517 in Your Defense

If you received a landscaping or weed violation for brown grass during or after a drought period:

1. Document the water restriction dates for your area (check your city or water district's website)
2. Note when restrictions were lifted and add 60 days — you're protected through that date
3. Respond to the violation in writing, citing HB 517 and Texas Property Code §202.008
4. Include a copy of the water restriction notice or a screenshot from your water district's website

The Washington Uniform Common Interest Ownership Act (WUCIOA, RCW 64.90) was enacted in 2018 as a comprehensive overhaul of Washington's HOA laws. But it initially applied only to communities created after July 1, 2018. Older communities — often the ones with the worst governance problems — were largely exempt.

That changes in 2026. Senate Bill 5129 (SB 5129) extends key WUCIOA provisions to all common interest communities in Washington, effective January 1, 2026.

New Protections for Pre-2018 HOAs

If your Washington HOA was established before July 2018, you now have these additional rights:

• Meeting rights: Board meetings must follow open meeting requirements — you have the right to attend and observe
• Owner comment periods: The board must provide time for homeowner comments at meetings
• EV charger installation rights: Your HOA cannot unreasonably restrict your right to install an electric vehicle charger (RCW 64.90.510)
• Heat pump installation rights: Similar protections for heat pump installations — the HOA cannot block reasonable installation
• Budget and reserve transparency: The association must follow specific budgeting and reserve study requirements

Important Clarification: Phased Rollout

SB 5129 brings select WUCIOA sections to pre-2018 communities in 2026, but full WUCIOA applicability to all Washington communities is scheduled for January 1, 2028 (via SB 5796). So while you have significantly more protections now than you did in 2025, the full suite of reforms is still phasing in.

For the complete breakdown of your state's HOA laws, visit our HOA Fine Limits by State page or find your state in our state guides directory.

Common questions about 2026 HOA law changes: