Colorado HOA Solar Panel Protections Preempt Restrictions

C.R.S. 38-30-168 prohibits homeowners associations and covenant declarations from prohibiting installation of solar energy devices or wind-electric generators on residential property. HOAs may impose reasonable aesthetic restrictions but cannot effectively prohibit solar by significantly increasing cost or decreasing efficiency. The Colorado Common Interest Ownership Act (C.R.S. 38-33.3-101 et seq.) reinforces these protections. Restrictive covenants violating the statute are unenforceable.

HOA covenants prohibiting solar are unenforceable; homeowners may sue for declaratory judgment, attorney fees, and damages from wrongful denial of installations.