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Can my Homeowners Association (HOA) place restrictions on the installation of a photovoltaic (PV) system?

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Can my Homeowners Association (HOA) place restrictions on the installation of a photovoltaic (PV) system?

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No. In August of 2008 a new law went into effect in Colorado that will prevent homeowner associations from blocking home improvements that produce renewable energy. Colorado House Bill 1270 was enacted because the Colorado legislature found that some homeowners associations were unreasonably restricting things like solar panels and evaporative coolers. Specifically, House Bill 1270 reads “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.” Click Colorado House Bill 1270 to read the bill in it’s entirety.

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