Loveland, CO Solar Energy: HOA Restrictions (2026)

Colorado HB 09-1149, codified at C.R.S. 38-30-168 (and reinforced by C.R.S. 38-33.3-106.7 for common-interest communities), preempts HOA restrictions on solar in Loveland and across the state. The statute renders 'void and unenforceable' any provision in a deed, declaration, covenant, bylaw, or HOA rule that effectively prohibits or restricts the installation or use of a solar energy device. A 'solar energy device' includes a solar photovoltaic system, a solar thermal system, or a solar water-heating system. Loveland HOAs may impose 'reasonable aesthetic provisions' that govern placement, screening of ground-mounted equipment visible from common areas, and color of components — but the statute draws a hard line: no rule may significantly increase the installed cost of the device or significantly decrease its efficiency or performance. HOA review must be timely: under C.R.S. 38-33.3-106.7 a complete application is deemed approved if the HOA does not act on it within 60 days of submission. If the HOA conditions approval on changes (different roof plane, different module color), the homeowner can challenge those conditions in Larimer County District Court and recover attorney's fees if the court finds the HOA's restrictions were prohibited by C.R.S. 38-30-168. Loveland's building permit issues independently of HOA approval, but most homeowners pursue both tracks in parallel to avoid post-installation disputes. The Colorado HOA Information Office, housed in the Department of Regulatory Agencies (DORA), accepts complaints under C.R.S. 12-10-803 for HOAs that ignore the statute.