Colorado Hoa And Solar Panels

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.

Colorado hoa and 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. Hoas and their members that haven t considered solar in the past are now attracted to the federal tax deduction 30 percent of installation costs in 2018 and 2019 26 percent in 2020 and 22 percent in 2021. And the rise of solar power has many people asking how much say your hoa has in your decision to pursue alternative energy options. Regulations run from the number of pets allowed to the type and color of your roof.

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. 38 30 168 addresses the authority of hoas to regulate the installation and use of solar energy devices which are defined as. 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 solar panels clearly fall within this definition. This proposed law included provisions prohibiting homeowner s associations from enacting rules limiting solar panel installation with a few exceptions.

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.