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.

Ban on HOA Restrictions of Energy-Saving Devices Clears House

A bill that would forbid homeowners associations from enforcing covenants that prohibit energy-saving devices such as solar panels and retractable clotheslines gained final approval in the House Wednesday.

HB 1270, sponsored by Rep. Andy Kerr, D-Lakewood, would also apply to wind-electric generators (turbines), structures that provide shade such as an awning or trellis, shutters, garage and attic fans, energy-efficient outdoor lighting facilities and evaporative coolers.

The bill retains HOA's ability to regulate the aesthetics of such devices, including their placement.

However, in the case of energy-generation devices such as solar panels and wind turbines, the bill makes clear that such restrictions are void if they "significantly increase its purchase price or operating costs" or "significantly decrease its performance or efficiency."

In the case of other energy-saving devices the bill specifies that HOA restrictions must take into account the "impact on purchase price and operating costs" and the "impact on performance."

There were 20 "no" votes on the bill, all cast by Republicans. Joining the chamber's Democrats in support were Reps. David Balmer, R-Centennial, Douglas Bruce, R-Colorado Springs, Stella Garza-Hicks, R-Colorado Springs, Ray Rose, R-Montrose, and Al White, R-Hayden.

HOA Bill Gets Final Approval in House

HB 1135, which requires disputes between homeowner associations and their members to be decided by neutral parties and allows mediation to be used, sailed through the House on third and final reading Friday.

The bill by Rep. Morgan Carroll, D-Aurora, which also requires HOAs to allow accommodations needed to comply with the federal Americans with Disabilities Act, passed 61-1.

Rep. Morgan Carroll Introduces HOA Due Process & ADR Bill

Rep. Morgan Carroll, D-Aurora, has introduced a bill that would force homeowner associations to submit disputes with members to an impartial decisionmaker and encourage them to use alternative dispute resolution procedures.

HB 1135, which is also sponsored by Sen. Bob Hagedorn, D-Aurora, provides that associations could not impose a fine for violations of the planned community's covenants unless it has a written fine policy in place.

It also specifies that no fine can be imposed unless "the policy includes a fair and impartial factfinding process . . . [that] guarantee[s] the unit owner notice and an opportunity to be heard before an impartial decision maker." The bill makes clear that a person with a personal or financial stake in the outcome of the dispute with a unit owner cannot be an "impartial decision maker."

The bill would also authorize, for the first time, covenants to specify that mediation could be used to resolve disputes between associations and unit owners.

It also forbids enforcement of covenant provisions that conflict with aspects of federal fair housing law that permit disabled persons to modify their home to accommodate their disability.