The actual law states that 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.
Colorado law solar panels hoa.
The laws vary on a state by state basis and for this reason homeowners should check applicable state law before installing solar.
38 30 168 addresses the authority of hoas to regulate the installation and use of solar energy devices which are defined as.
In some cases an hoa may deny you for aesthetic reasons.
Renewable energy generation devices colo.
If you live in a planned development or condominium chances are you had to join a homeowners association hoa upon buying your property.
163 s effect on the governing documents of your association.
38 30 168 however the statute does permit associations to prohibit the installation of these devices on a limited common element or general common element.
An hoa will only prevent you from installing solar panels if your state requires approval for the installation and then rejects the proposal.
However the law only protects panels installed on the roof or affixed to exterior walls and your hoa can then legally restrict ground mounted installed 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.
The second thing to know is that you do have to let your hoa know that you are going solar.
Homeowners associations and solar access cory lebson and family with their solar system.
The purpose of these laws is to prevent homeowner s associations from banning solar panels and often also prevents them from having contracts that restrict homeowners from installing solar panels on their homes.
Clearing the confusion about coa and hoa restrictions on solar panels.
Florida law forbids any entity including a homeowners association from prohibiting the installation of solar panels or other renewable energy devices on a building reasonable restrictions can be established for installations but restrictions cannot impair the performance or increase the cost which would impair the economic performance of a renewable energy device.
Under colorado law as a general rule homeowners associations are not permitted to prohibit the installation of solar energy devices.
A solar collector or other device or a structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun s radiant energy into thermal chemical mechanical or electrical energy.
163 says about coa and hoa restrictions on solar panels in so far as its governance and application to energy saving devices such as solar panels and f s.
