The HOA Bill for Homeowners’ Associations
HOA’s have the ability to make a strong impact in establishing more energy efficient and
sustainable communities within Colorado. This page includes information about The
Homeowners' Association (HOA) Bill for HOA's. Read about the implications of the law, and
how you can best use the law in this section.
The Basics
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The law went into effect on August 6, 2008
HOA’s are not allowed to prohibit the installation or use of renewable energy devices or
energy efficiency measures within their communities based upon aesthetic rules and
restrictions.
Residential and commercial property owners have the legal right to erect and use
renewable energy generation devices on property they own. These include:
o Photovoltaic (PV) solar electric panels
o Solar thermal systems (solar water heaters)
o Solar lighting systems
o Wind electric generators
Residential property owners also have the right to install and use energy efficiency
measures on property they own. These include:
o Awnings, shutters, trellis, ramadas, or other energy reducing shade structures
o Garage or attic fans
o Evaporative coolers
o Energy-efficient outdoor lighting
o Retractable clotheslines
Any and all of these devices and measures must meet all building code, electrical and
bona fide safety requirements.
The Details
Regarding Renewable Energy Devices
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The right to install solar energy devices and wind-electric generators on private property
is protected by Colorado law as a matter of public policy.
Any solar energy device or wind-electric generator you install on your property must
meet all applicable safety, building code and electrical requirements.
Wind-electric generators must also meet the rules of C.R.S. 40-2-124 from the Colorado
Public Utilities Commission. Wind-electric generators may be required to meet
reasonable noise restrictions in residential areas.
Residential property owners do not have the right to erect or install renewable energy
devices or energy efficiency measures on limited or general common elements of the
Common Interest Community(CIC). This is particularly important for condominium and
town home communities, where residents may not own the exterior of their units.
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Unreasonable restrictions on renewable energy devices are void and unenforceable. This
law overrides any covenants, restrictions, or conditions contained in any deed contract,
security instrument or other instrument affecting the transfer or sale of, or any interest in,
real property (residential or commercial) that attempts to restrict or prohibit the
installation of solar energy devices and wind-electric generators.
HOA’s can impose reasonable restrictions on the dimensions, placement and external
appearance of the renewable energy device. However, an HOA/CIC cannot:
o Prohibit the installation or use of a renewable energy device.
o Significantly increase the cost of installation or use of the renewable energy
device.
o Significantly decrease its performance or efficiency
Regarding Energy Efficiency Measures
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Residential property owners within CIC’s or HOA’s have a legal right to install energyefficient measures on property they own.
The law protects a residential property owner’s right to install:
o Awnings, shutters, trellis, ramada, or other energy reducing shade structures
o Garage or attic fans
o Evaporative coolers
o Energy-efficient outdoor lighting
o Retractable clotheslines
The law supercedes any provision in the declaration, bylaws, or rules and regulations of
an HOA/CIC.
HOA/CIC rules and regulations cannot prohibit the installation of energy efficiency
measures.
Any impact on purchase price, operation costs and performance of the energy efficiency
measure that HOA/CIC aesthetic rules have must be considered.
Residents do not have the right to install energy efficiency measures on limited or general
common elements of the HOA/CIC or on property owned by someone else. This is
particularly important for condominium and town home communities, where residents
may not own the exterior of their units.
Next Steps
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Learn as much as you can about Colorado state and municipal laws dealing with solar,
wind and other energy efficient devices and measures. Refer to the Energy Policy &
Legislation section of this website. Access a complete copy of HB 08-1270 in the 2008
Legislation section. Refer to the Additional Resources section of this website.
Become familiar with the common and limited common elements of your HOA/CIC.
Clarify with property owners what areas of your association are considered limited or
common element property.
Read and revise your HOA/CIC rules and regulations. This law supercedes any
provisions or restrictions within your HOA/CIC governing documents. Some of your
aesthetic restrictions may need to be revised and rewritten.
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Work with home and property owners on their projects early on. Refer them to the HOA
Bill section of this website.
Create reasonable aesthetic restrictions that are in accordance with the law, taking into
account any detrimental effects they may have on an renewable energy device or energy
efficiency measure’s performance, cost, and efficiency.
Make sure your association’s members are informed of their rights and options as well as
the HOA’s/CIC’s rules and regulations. Refer them to the HOA Bill section of this
website.
Request accurate and detailed plans/proposals for renewable energy device installation
and energy efficiency measures. Facilitate open dialogue with property owners and work
together with them to make ensure that projects meet the reasonable aesthetic provisions
of your association. Solicit, when reasonable, digital renderings of the project before and
after installation.
Avoid any unnecessary legal action. Only as a last resort should you go to court over an
HOA/CIC rule or regulation prohibiting your project.