Colorado C.R.S. § 38-30-168 (HB 21-1229) HOA Solar & Battery Rights Guide
Colorado HB 21-1229 amended C.R.S. § 38-30-168 to create one of the strictest cost caps in the nation: an HOA aesthetic condition cannot add more than $500 to the cost of a solar system or decrease generation by more than 10%.
1. Controlling Statutory Protections & Legal Thresholds
- §A covenant, restriction, or condition that effectively prohibits or restricts the installation or use of a renewable energy generation device is VOID and UNENFORCEABLE (C.R.S. § 38-30-168(1)(a)).
- §Under C.R.S. § 38-30-168(2) (as amended by HB 21-1229), an HOA may NOT enforce aesthetic provisions that increase the cost of the renewable energy device by more than five hundred dollars ($500) OR decrease its performance or efficiency by more than ten percent (10%).
- §An HOA MUST approve or deny a complete solar application within 60 days of receipt; failure to deny within 60 days results in automatic approval.
- §Under C.R.S. § 38-30-168(4), the prevailing party in any legal dispute under this section SHALL be awarded reasonable attorney fees by the court.
Colorado HB 21-1229 Statutory Amendment to C.R.S. § 38-30-168
The Colorado General Assembly explicitly replaced vague "significantly increase cost" language with a hard $500 dollar cap and 10% efficiency cap after Colorado HOAs repeatedly abused aesthetic review guidelines.
2. How to Document Your 10% Efficiency / Cost Proof (Step-by-Step)
Run NREL PVWatts (built in Golden, Colorado!) for your address comparing your design vs. the HOA’s requested roof slope.
Obtain an itemized line item from your solar installer showing that any HOA-requested modification (conduit painting/rerouting, array splitting, critter guard customization) costs over $500.
Attach both to your statutory notice citing C.R.S. § 38-30-168(2).
3. 1-Click Pre-Litigation HOA Statutory Demand Letter
Send via Certified Mail (Return Receipt Requested) and email to your HOA Board and Property Manager with your NREL PVWatts PDF attached.
VIA CERTIFIED MAIL & EMAIL STATUTORY NOTICE UNDER COLORADO REVISED STATUTES § 38-30-168 (HB 21-1229) To: Board of Directors & Architectural Design Review Committee Association: [Insert Colorado HOA Name] Property Address: [Insert Homeowner Address] Re: Statutory Notice — Unenforceable Restriction on Solar Energy Device (C.R.S. § 38-30-168) Dear Board of Directors, I am writing in response to the Design Review Committee's notice dated [Insert Date] regarding my application to install a solar photovoltaic system at my property. Pursuant to Colorado Revised Statutes § 38-30-168(1) and (2) (as amended by HB 21-1229), an HOA may not enforce any covenant or aesthetic guideline that: 1. Increases the cost of the renewable energy generation device by more than five hundred dollars ($500); OR 2. Decreases its performance or efficiency by more than ten percent (10%). As documented in the attached contractor quote and NREL PVWatts simulation: - The Committee's requested modification increases system installation cost by $[e.g., 1,350] (exceeding the strict $500 statutory cap under C.R.S. § 38-30-168(2)), AND - Reduces annual electricity production by [e.g., 18.2%] (exceeding the 10% performance cap). Please also note that under C.R.S. § 38-30-168(4), in any litigation arising under this statute, the court SHALL award reasonable attorney fees to the prevailing party. Please provide unconditional written approval of our solar installation within seven (7) business days. Sincerely, [Homeowner Name] Enclosures: NREL PVWatts Report, Contractor Modification Estimate ($>500)
Frequently Asked Questions
What is the maximum cost an HOA restriction can add to a solar install in Colorado?
Five hundred dollars ($500) under C.R.S. § 38-30-168(2). Any HOA requirement that costs more than $500 or reduces efficiency by more than 10% is void.
How long does a Colorado HOA have to review a solar application?
Under HB 21-1229, an HOA must approve or deny an application within 60 days, or it is automatically deemed approved.