Colorado Hoa And Solar Panels

38 33 3 106 5 1 5 the law provides that n otwithstanding any provision in the declaration bylaws or rules and regulations of the association to the contrary an association shall not effectively prohibit renewable energy generation devices as defined in section 38 30 168.
Colorado hoa and solar panels. 38 30 168 addresses the authority of hoas to regulate the installation and use of solar energy devices which are defined as. Whether your hoa consists of detached dwellings condos or townhouses you can utilize solar to benefit your members reduce energy costs and preserve the environment. Renewable energy generation devices colo. 1 a a 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 that effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable.
Hr 2454 the american clean energy and security act was a proposed federal law that made it illegal for a homeowners association to restrict the installation of solar panels. Any hoa with a covenant restriction stating that solar panels are prohibited or restricted in any way is unenforceable under colorado law c r s. Regulations run from the number of pets allowed to the type and color of your roof. Homeowner s associates hoa s in colorado are often very restrictive on what you can and cannot do with your property.
This proposed law included provisions prohibiting homeowner s associations from enacting rules limiting solar panel installation with a few exceptions.