Restriction On Solar Panels In Hoa
Any hoa rule that hampers the efficiency of your solar energy system is unreasonable.
Restriction on solar panels in hoa. If you re still having trouble getting approval from your hoa from solar panels look at possible technology. The bill protects homeowners who want to install solar from burdensome homeowners association hoa restrictions. Homeowners associations can only stop you from installing solar if the hoa s recorded declaration explicitly prohibits solar installations. Going solar requires a certain degree of planning.
A recorded declaration is a legal document that lays out the rules of the hoa at its founding. If the restrictions do not comply with colorado law take steps to amend the architectural guidelines. Sometimes dealing with your hoa can be a headache. Review the architectural guidelines of the association to ensure any restriction on solar panels are reasonable and comply with colorado law as more fully described above.
The law does allow hoas to establish reasonable restrictions for solar installations. The american clean energy and security act h r. With this being stated it is recommended that even though the association cannot deny the homeowner the ability to install energy saving devises such as solar panels on their. The second one 33 439 states that deeds contracts or agreements that affect your decision to buy a property because of solar restrictions is void.
Accordingly reasonable restrictions on a solar energy system are those restrictions that do not significantly. Consideration of hoa restrictions for solar panels is certainly a part of it. This federal law would basically override any hoa rules and private contracts that prohibit solar panels with exceptions. Clearly there are limits to hoa restrictions on solar panels.
If you live in a state that has a solar access law your hoa cannot legally prohibit you from installing solar on your property. Recommendations for homeowners interested in installing solar panels in a coa or hoa governed community. The question then becomes who can decide whether a homeowner can install solar panels in an hoa community and if so what are the other enforceable rules that might govern the installation and maintenance of such solar panels. The legislation protects the rights of homeowners who want to go solar but live in hoa communities said aaron sutch program director for solar united neighbors.
2454 would make it illegal to restrict the installation of solar panels hoa rules included. Solar access laws are state level laws that prohibit or limit restrictions on solar installations.