Can HOAs prevent us from getting solar?

April 16, 2018 | By Ellen Thornton

 

In short, the answer is NO.

Homeowner’s associations (HOAs) can not stop you from going solar!

However, you still have to submit an official “architectural review form” in your application to your HOA’s Architectural Control Committee (ACC) for them to give you approval. This is provided to them after you approve your final design. EcoMark Solar will apply through the HOA’s official channels and provide all the necessary paperwork to get you approved by your HOA’s ACC.

Simply put, if you own your roof, then you can put solar panels on it.

 

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. 38-30-168).

Colorado law (C.R.S. 38-30-168)*

(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.

Solar panels are clearly renewable energy generation device.

 

However they can impose “aesthetic provisions” – as long as those provisions don’t:

(a)(I) Significantly increase the cost of the device;  or
(a)(II) Significantly decrease its performance or efficiency;

Aesthetic provisions can be requested, such as painting the electrical conduit to match the house or similar cosmetic requests. As long as whatever is requested doesn’t impact the design or the production of the solar panels significantly.

*Colorado law (C.R.S. 38-30-168) is sometime referred to as “The Right to Sunshine Act.” Not to be confused with the: “Colorado Sunshine Law” which refers to the law states that all meetings of two or more members of any state public body where any public business is discussed must be open to the public.

 

 

If you haven’t moved ahead with a solar project due to the fact you thought your HOA could prevent you from going solar, please contact us now for a free quote!

You live in Colorado –

and you can have solar power on your home!!!

720-4ECO-411