Colorado HOA Bill - Solar Solutions and Distribution_ LLC by maclaren1

VIEWS: 11 PAGES: 3

									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
      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

      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.
     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

     Residential property owners within CIC’s or HOA’s have a legal right to install energy-
      efficient 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
     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.
   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.

								
To top