Colorado CRS 38-30-168 and HB 23-1233 protect homeowners' rights to install solar panels. HOAs in Arapahoe County cannot prohibit rooftop solar and must approve reasonable installations. Restrictions that significantly increase cost or reduce output are unenforceable.
Colorado's solar access law CRS 38-30-168 prohibits homeowners associations and covenants from restricting solar energy device installation. HB 23-1233 (effective 2023) strengthened the law: HOAs in Arapahoe County cannot require burdensome architectural review that materially increases installation cost or decreases system output by more than 10% or $1,500. HOAs may impose aesthetic conditions such as panel color (must match roof when reasonable), mounting hardware screening, and placement on non-street-facing roof planes if doing so does not impair function. Approval must be granted within 60 days or it is deemed approved. Ground-mount systems may face more restrictions. The Colorado Common Interest Ownership Act (CCIOA) provides enforcement — homeowners denied approval can sue for injunctive relief plus attorney fees.
HOAs that violate CRS 38-30-168 face lawsuits for injunctive relief, damages, and mandatory attorney fee awards to prevailing homeowners. Fines assessed against compliant owners are void and recoverable.
Arapahoe County, CO
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Arapahoe County, CO
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Arapahoe County, CO
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Arapahoe County, CO
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Arapahoe County, CO
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Arapahoe County, CO
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See how Arapahoe County's hoa restrictions rules stack up against other locations.
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