House Bill 1270, which became law in August 2008, amended C.R.S. (Colorado REvised Statutes) 38-30-168 which previously placed restrictions on solar energy devices.   The new law restricts an Association's ability to regulate not only solar energy devices, but any renewable energy generation device, which essentially means solar energy devices and wind-electric generators.

This law does NOT give property owners the right to install such energy devices without gaining architectural review approval of their Association, however.  The Association still has the right to:

a.  regulate the dimensions, placement or external appearance of the device, provided that the restriction is reasonable, does not significantly increase the cost of the device,and does not significantly decrease the performance or efficiency of the device.

b.  require that the device meet bona fide safety requirements required by building or electrical safety standards.

c.  impose reasonable restrictions on wind electric generators to reduce noise interferance to neighbors.

d.  prohibit devices from installation on common areas and/or limited common areas.

This bill created an Amendment to Section 106.7 of CCIOA (the Colorado Common-Interest Ownership Act -- C.R.S. 38-33.3) by adding a new section to the statute.  This provision prevents Associations from prohibiting installation or use of energy efficiency measures by rule, bylaws or declarations.  It also provides a definition of an energy efficiency measure, as follows:

An Energy Efficiency Measure is a device or structure that reduces the amount of energy used from fossil fuels.  It only includes 1) awnings, shutters, trellises, ramada or other shade structures; 2) garage or attic fans and vents; 3) evaporative coolers; 4) energy efficient outdoor lighting; and 5) retractable clotheslines.

The Association can regulate the dimensions, placement or external appearance of any device through reasonable aesthetic provisions.  In doing so, it must consider the impact of the purchase price and operating costs of the device, the impact on the performance of the device, and the criteria contained in the Governing Documents.