Monday, March 31, 2008

Senate Gives Final OK to Ban on CCR Provisions Affecting Renewable Energy Equipment

The Senate gave final approval Monday to a bill that would forbid homeowner associations from prohibiting renewable energy devices and certain other items that can save energy.

HB 1270 allows HOA regulations included in covenants to regulate such devices only if they do not raise the cost or practical obstacles to the point of making installation impractical or impossible.

The Senate adopted an amendment by Sen. Ron Tupa, D-Boulder, on second reading that would grant HOAs further latitude to regulate wind turbines. The amendment is aimed at allowing HOAs to take account of the noise created by those devices.

The bill now heads back to the House for consideration of the Senate amendments. It is sponsored by Rep. Andy Kerr, D-Lakewood, and Tupa.

Colorado has had a ban on enforcement of covenants that unreasonably restrict solar energy devices since 1979.