Colorado HOA Limits: Solar, Xeriscape, Flags & EV

C.R.S. § 38-33.3-106.5 says an association 'shall not prohibit' the display of a flag, yard or window signs (content-neutral rules only), or 'the use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes,' though it may set design/aesthetic guidelines and restrict artificial turf to rear yards. Separately, C.R.S. § 38-30-168 declares void any covenant that 'effectively prohibits or restricts the installation or use of a renewable energy generation device' — including solar, wind, and geothermal — allowing only narrow aesthetic rules that do not raise cost or cut performance by more than 10% or delay approval beyond 60 days. The statute does not set a separate CCIOA mandate guaranteeing EV charging in every community; owners should check § 38-30-168 and their declaration. Rain barrels are also protected (§ 106.5(1)(j)).

Covenants that ban protected items are unenforceable: a renewable-energy restriction is 'void and unenforceable' under § 38-30-168, and bans on flags, signs, or xeriscape contrary to § 106.5 cannot be enforced. Associations may still impose reasonable, content-neutral or aesthetic rules within statutory limits.