Arapahoe County, CO Solar Energy: HOA Restrictions (2026)
Key Facts
- State Law
- CRS 38-30-168
- Update
- HB 23-1233 (2023)
- HOA Decision
- 60 days or deemed approved
- Cost Impact
- Under $1,500 or 10%
- Remedy
- Injunction plus fees
Summary
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.
the installation or use of a renewable energy generation device is void and unenforceable. (b) As used in this section, "renewable energy generation device" means: (I) A solar energy device, as defined in section 38-32.5-100.3; Colorado Revised Statutes 2023 Page 346 of 681 Uncertified Printout (II) A wind-electric generator that meets the interconnection standards established in rules promulgated by the public utilities commission pursuant to section 40-2-124; (III) A geothermal energy device; or (IV) A heat pump system, as defined in section 39-26-732 (2)(c). (2) Subsection (1) of this section does not apply to: (a) (I) Aesthetic provisions that impose reasonable restrictions on the dimensions, placement, or external appearance of a renewable energy generation device and that do not: (A)
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Can my HOA in Arapahoe County ban solar panels?
How long can an HOA delay my solar application?
Sources & Official References
Other rules in Arapahoe County
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