What the statute says
The core rule is short: a covenant, restriction or condition in a deed, contract or other instrument affecting real property that “effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable.” The statute defines those devices to include solar energy devices, qualifying wind-electric generators, geothermal devices and heat pump systems.
Batteries and EV chargers aren’t named on their own. A battery that’s part of your solar system may be treated as part of the solar installation, but that’s a question for your attorney. HOA rules on a standalone battery or charger aren’t covered by this statute.
The three limits on HOA aesthetic rules
HOAs can adopt aesthetic provisions that impose reasonable restrictions on the dimensions, placement or external appearance of a solar installation, as long as those rules don’t increase the cost of the device by more than 10%, decrease its performance or efficiency by more than 10%, or require a review period longer than 60 days after you apply.
In practice, that means an HOA can usually ask for all-black panels, a tidy layout, painted conduit or placement on a less visible roof face, if that face still produces within 10% of your preferred one. It can’t require a roof face that would cut output by 25%, or a screening structure that adds 15% to the price.
The 60-day clock and a fair process
If an application isn’t denied or returned for modifications within 60 days, the statute says it is deemed approved. The review must be transparent, a denial can’t be arbitrary or capricious, and the basis for any denial has to be described in reasonable detail.
Start the clock cleanly. Submit through the HOA’s official channel (the portal, the management company or certified mail), keep proof of the date, and make sure the package is complete so it can’t be returned as incomplete. Calendar day 60.
Where the statute doesn’t protect you
The law doesn’t give you the right to put panels on property you don’t own, on leased property without the lessor’s permission, on property that’s collateral for a commercial loan without the lender’s permission, or on a limited or general common element of a common-interest community.
That last exception trips up townhome and condo owners. In some Colorado townhome communities, the roof is a common element owned or maintained by the association, not by you. If so, the HOA’s permission is needed, and the 10% tests don’t force it. Read your declaration and plat before assuming your roof is yours. The statute also carves out bona fide safety requirements from building codes and electrical standards, and the 2021 aesthetic-rule amendments don’t apply to associations that include timeshare units.
What to put in your HOA application
A complete package gets approved faster. It should include a site plan showing which roof faces get panels, a panel layout drawing, spec sheets for the panels, racking and any battery, a photo or rendering from the street, the panel and frame color, and the conduit route with its color. Include the installer’s license and insurance if your HOA asks for them. We prepare this package for every customer in an HOA.
If you expect pushback on placement, include production numbers for each roof face. We model them with the same tools we use for sizing. Then, if the HOA asks you to move the array, everyone can see whether the alternative stays within the 10% performance limit.
If the HOA says no
Ask for the reasons in writing if they weren’t given, since the statute requires them to be described in reasonable detail. Many denials are really requests for changes, and a revised layout or all-black equipment resolves them. If a requested change would cost more than 10% or cut performance more than 10%, say so in writing with the numbers.
If you still can’t agree, it becomes a legal question. The statute provides that in litigation over whether a cost increase is significant, the prevailing party on that issue recovers reasonable attorney fees and costs, which cuts both ways. Colorado’s Division of Real Estate runs an HOA Information and Resource Center that can explain your options, and a real-estate attorney can advise on your specific covenants.
FAQ
Questions we hear
Can an HOA ban solar panels in Colorado?
No. Under C.R.S. 38-30-168, covenants that effectively prohibit or restrict solar installations are void. HOAs may set reasonable aesthetic rules within the statute’s limits.
How long does my HOA have to respond to a solar application?
60 days. If the application isn’t denied or returned for modifications in that time, the statute says it’s deemed approved. Keep proof of your submission date.
Can my HOA make me put panels on the back of the house?
Only if the rear placement doesn’t cut performance by more than 10% or raise cost by more than 10%. A north-facing rear roof that loses far more than that isn’t a reasonable requirement under the statute.
I own a townhome. Does the law cover my roof?
Maybe not. The statute doesn’t let owners install on limited or general common elements, and many townhome roofs are common elements. Check your declaration; if the roof is common, you’ll need the association’s approval.
Does the HOA law cover batteries and EV chargers?
They aren’t named in the statute, which covers solar, qualifying wind, geothermal and heat pumps. A battery that’s part of a solar system may be treated as part of it, but ask an attorney if your HOA objects.
Will you handle the HOA application?
Yes. We prepare the site plan, layout, spec sheets, renderings and production comparisons your HOA needs, and help you respond to requested changes.