The terms “energy” and “efficient” are used every day in all aspects of life, both on a local and global scale. Homeowners associations are not immune from these terms or their application. The Colorado Common Interest Ownership Act (“CCIOA“) contains an entire section (106.7) that addresses energy efficiency measures with respect to associations.
The term “energy efficiency measures” is defined in section 106.7 as “a device or structure that reduces the amount of energy derived from fossil fuels consumed by a residence or business located on real property.”
When it comes to HOAs, the following devices are protected and associations cannot prohibit their use or installation:
- Awnings, shutters, trellises, ramadas, or other shade structures marketed for the purpose of reducing energy consumption
- Garage or attic fans
- Evaporative coolers
- Energy efficient outdoor lighting devices and any solar recharging panels connected to the devices
- Retractable clotheslines
- Heat pump systems
The above being said, associations do have authority to adopt rules governing: 1) dimensions, 2) placement, and 3) external appearance of energy efficiency measures. However, the rules must be reasonable and based on criteria in the governing documents. Additionally, compliance with rules cannot increase the cost of such measures by more than 10% or decrease efficiency by more than 10%, or such rule will not be enforceable.
Furthermore, it is important to note that owners’ rights to install energy efficiency measures do not extend to property they don’t own or to common elements. This means owners do not have the right, for example, to install evaporative coolers on their balconies if balconies are limited common elements and not part of real estate owned by the owner.
It is also important to be aware that other laws exist protecting energy conservation and efficiency efforts and it is more than likely, additional restrictions are on the way. For example, the Titles and Interests Statute (Title 38, Article 30) contains a section (168) governing “renewable energy devices”, which primarily encompasses solar panels and wind electric generators. Furthermore, CCIOA, also protects electric vehicle charging stations, rain barrels, and fire hardened building materials to name a few.
So, make sure you are aware of all the protected energy conservations/efficiency measures that are out there.
If you have questions or would like to discuss energy efficiency measures in more detail, please contact an Altitude attorney at 303.432.9999 or at [email protected].