Skip to main content
CityRuleLookup

Colorado Statewide Rule

Colorado Bars HOA Bans on Solar Devices

Significant RestrictionsApplies statewide across Colorado (2026)

Key Facts

Governing statute
C.R.S. § 38-30-168
Deemed approval
60 days with no HOA denial or modification request
Aesthetic test
Cost +10% max, performance -10% max, 60-day review cap
Devices covered
Solar, wind, geothermal, heat pump systems
CCIOA overlay
§ 38-33.3-106.5(1.5) bars indirect HOA prohibition
Fee shifting
Prevailing party wins fees on cost-significance disputes
Excluded
No right to install on others' or common-element property
Last verified: September 1, 2026Source: C.R.S. 38-30-168 - Unreasonable restrictions on renewable energy generation devices

Summary

This is a statewide protection against private restrictions, not a local mandate: Colorado voids any deed, contract, or HOA covenant blocking a renewable energy device wherever one exists, but it leaves municipal zoning, building-code safety rules, and a landlord's, lender's, or condo association's ownership rights untouched. Solar, wind, geothermal, and heat pump installations are covered, and an HOA's aesthetic conditions survive only if they clear a strict cost, performance, and sixty-day review test under C.R.S. section 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. ... (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) Increase the cost of the device by more than ten percent; (B) Decrease the performance or efficiency of the device by more than ten percent; or (C) Require a period of review and approval that exceeds sixty days after the date of application. If an application for installation of a renewable energy generation device is not denied or returned for modifications within sixty days, it is deemed approved. The review process must be transparent; denial of approval must not be arbitrary or capricious; and the basis for any denial must be described in reasonable detail.

Source: C.R.S. 38-30-168 - Unreasonable restrictions on renewable energy generation devicesView official code

Full Breakdown

3, a wind-electric generator meeting Public Utilities Commission interconnection standards under section 40-2-124, a geothermal energy device, or a heat pump system under section 39-26-732(2)(c). The statute's only carve-out is for aesthetic conditions on dimensions, placement, or external appearance, and those survive only if they do not raise the device's cost by more than ten percent, do not cut its performance or efficiency by more than ten percent, and do not extend the review period past sixty days. If the association neither denies nor returns an application for modifications within sixty days, it is deemed approved automatically; any denial must be non-arbitrary and explained in reasonable detail, and the review process itself must be transparent.

That carve-out, as amended by House Bill 21-1229 in 2021, does not extend to associations that include time share units. Bona fide building-code or electrical safety requirements remain enforceable, as do reasonable wind-turbine noise restrictions adopted through the community's architectural review process. The statute does not hand any owner the right to place a device on land owned by someone else, on leased property without the lessor's consent, on property pledged as loan collateral without the lender's consent, or on a common interest community's limited or general common elements.

5), separately bars any association from "effectively prohibit[ing] renewable energy generation devices, as defined in section 38-30-168," closing off indirect bans through bylaws or rules. The legislature has amended the statute repeatedly: in 2008, then by HB 21-1229 (2021), SB 22-118 (2022), and SB 23-016 (2023) to expand the definitions, and most recently by HB 24-1091 in March 2024, which added a separate subsection on fire-hardened building materials.

Violations & Penalties

There is no fine schedule: a restriction that violates this statute is void and unenforceable from the outset, so an owner can install the device and treat a noncompliant HOA denial as a nullity. A denial issued after the sixty-day window, or one that is arbitrary or unexplained, has no legal effect, and the owner may seek a declaratory judgment or injunction in state court. Section 38-30-168(4) adds fee-shifting for disputes over a cost-increase's significance: whichever side wins that issue gets its attorney fees and costs.

Frequently Asked Questions

Can my Colorado HOA ban solar panels outright?
No, unless it's one of the few exceptions. Under C.R.S. section 38-30-168, any deed, contract, or HOA covenant that prohibits or restricts a solar, wind, geothermal, or heat-pump installation is void and unenforceable statewide. Your HOA can still impose reasonable aesthetic conditions on placement or appearance, and it can enforce genuine building-code or electrical safety requirements, but an outright ban on the device itself has no legal force.
How long does my HOA have to review a solar application?
Sixty days from the date you apply. If the association does not deny your application or return it for modifications within that window, section 38-30-168(2)(a)(I)(C) deems it automatically approved. The review process must be transparent, any denial must be explained in reasonable detail, and the association cannot reject an application arbitrarily or without a stated basis.
Can my HOA impose placement or cost conditions on my solar install?
Yes, within limits. An HOA may set reasonable rules on dimensions, placement, or external appearance, but those rules are void if they raise the device's cost by more than ten percent, cut its performance or efficiency by more than ten percent, or push the review period past sixty days. If you and the HOA dispute whether a cost increase crosses that ten-percent line, the side that wins the fight over "significance" collects its attorney fees under subsection (4).
Does this law let me install a device on my neighbor's roof or a condo common area?
No. Section 38-30-168(3) is explicit that it does not give any owner the right to place a device on land owned by someone else, on leased property without the lessor's consent, on collateral for a commercial loan without the lender's consent, or on a common interest community's limited or general common elements. The protection covers only the property interest you actually hold.
Is there a separate rule for condo and HOA associations specifically?
Colorado's Common Interest Ownership Act backs it up: section 38-33.3-106.5(1.5) separately bars any association from "effectively prohibit[ing] renewable energy generation devices, as defined in section 38-30-168," so an HOA cannot route around the ban on outright prohibitions through its bylaws or rules. One exception: for associations that include time share units, the 2021 aesthetic carve-out in subsection (2)(a) does not apply.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.