What the statute actually says
C.R.S. 38-30-168 treats any covenant, bylaw or rule that effectively prohibits or restricts the installation of a renewable energy generation device as void and unenforceable. That covers rooftop solar, and the statute also names small wind, geothermal and heat-pump equipment.
Associations may still adopt “reasonable” restrictions on placement and appearance. The statute defines reasonable narrowly: a restriction can’t raise the cost of the system by more than 10% or cut its performance by more than 10%. If the HOA wants panels moved to a roof face that loses a third of the output, that’s outside the line.
Process matters too. An application the association doesn’t act on within 60 days is deemed approved, and a denial has to come with a written explanation. A one-word “no” without reasons is itself a problem for the HOA.
Where the law is less clear: batteries and EV chargers
The statute is written around energy generation devices. It doesn’t clearly name home batteries or EV chargers, so an HOA may have more room to regulate a wall-mounted battery or an exterior charger than it does panels.
In practice most batteries we install go in a garage or utility space where no one sees them, and most chargers go inside the garage. If yours has to go on an exterior wall, expect the HOA to have a say, and don’t assume the solar protections carry over.
How we handle an HOA denial
We start by reading the denial against the design. Often the objection is fixable: flush-mounted black panels, conduit run through the attic instead of across the front, or skirting on the array edges. Those changes rarely come close to 10% of cost.
When the HOA insists on a placement that would cost real production, we model both layouts and put the numbers in writing. Showing an architectural committee that its preferred layout drops output by 25% tends to change the conversation faster than citing the statute.
If it still stalls, that’s when a homeowner talks to an attorney. We can supply the production modeling and design drawings; we can’t give legal advice.
What to do next
- 1Ask the HOA for the denial and its reasons in writing, with the specific rule it relies on.
- 2Note the date you submitted your application — the 60-day clock runs from there.
- 3Send us the denial; we’ll redesign within the HOA’s aesthetic rules where we can and model any production loss.
- 4Resubmit with the modeling attached, citing C.R.S. 38-30-168’s 10% limits.
- 5If the HOA still refuses a compliant design, talk with a Colorado real-estate attorney.
FAQ
Questions we hear
Can my HOA make me put panels on the back of the house only?
Only if the back roof works nearly as well. If moving the array to a rear face costs more than about 10% of production or adds more than about 10% to price, the requirement goes beyond what the statute allows. A west- or north-facing back roof often fails that test; we can model it.
The HOA never answered my application. Can I install?
The statute treats an application as approved if the association doesn’t act within 60 days. Keep proof of when you submitted it. We’d still suggest a short written notice to the HOA before work starts — it avoids a fight later. This isn’t legal advice.
Does the HOA solar law cover my Powerwall or EV charger?
Not clearly. The law is aimed at generation devices like panels. Batteries and chargers aren’t named, so an HOA may be able to regulate their exterior appearance. Indoor garage installs usually avoid the issue entirely.
Can the HOA require a particular panel color or mounting style?
Aesthetic requirements are generally allowed as long as they stay inside the 10% cost and performance limits. All-black panels and flush mounts are common requests and usually cost little or nothing extra.
Does this apply to condos and townhomes?
Townhome owners who own their roof are in a stronger position. In a condo, the roof is usually a common element the association controls, which is a different situation — see our page for renters and condo owners.