Clearing the confusion about coa and hoa restrictions on solar panels.
Colorado law solar panels hoa.
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.
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.
Homeowners associations and solar access cory lebson and family with their solar system.
The laws vary on a state by state basis and for this reason homeowners should check applicable state law before installing solar.
The second thing to know is that you do have to let your hoa know that you are going solar.
Under colorado law as a general rule homeowners associations are not permitted to prohibit the installation of solar energy devices.
38 30 168 addresses the authority of hoas to regulate the installation and use of solar energy devices which are defined as.
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.
Renewable energy generation devices colo.
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.
In some cases an hoa may deny you for aesthetic reasons.
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.
An hoa will only prevent you from installing solar panels if your state requires approval for the installation and then rejects the proposal.
163 s effect on the governing documents of your association.
If you live in a planned development or condominium chances are you had to join a homeowners association hoa upon buying your property.
Hoas establish rules for a neighborhood s aesthetic and raise money for shared amenities like pools and tennis courts.
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.
