Denver homes – Coloradans and their homeowners associations are working through a new law that governs energy efficiencies with some disputes ending up in court.
House Bill 1270, which prohibited HOAs from effectively prohibiting or unreasonably restricting devices designed to save energy, went into effect on Aug. 6. It did allow associations however to regulate the dimensions, placement and size of any energy-producing devices.
The measure’s sponsor, Rep. Andy Kerr (D-Lakewood), says the changes should have generated discussions between homeowners and their associations about things like solar panels, retractable clotheslines, wind turbines, rolling shutters or energy efficient outdoor lighting.
But his office has received numerous calls describing conflict between individual homeowners and their HOA boards.
“Some homeowners associations have not wanted to have those conversations,” said Kerr. “They’ve been running to the courts and behind lawyers to say, ‘No, that’s not exactly what the law says. We’re going to drag our feet.’”
Kerr says there have been a number of associations embracing the changes as they realize Coloradans are trying to deal with a down economy.
“People are looking at ways to save money,” he said recently in an interview outside the 186,000-square-foot Signature Centre in Golden, the state’s most energy efficient office building of its kind. “… Anything we can do to encourage and empower people to make their homes as as energy efficient as possible is really important.”
Jerry Orten, whose law firm represents 600 community association boards around Colorado, says any conflict comes about because there remain questions about what the law allows and what it doesn’t. He says he advises his clients to be responsive to the homeowners’ desires and needs in addition to remaining true to its original architectural covenants. That includes coming up with guidelines to oversee things like wind turbines.
“They have classically had the control over the external appearance (of homes) and now this lessens that control within reason for energy-saving and energy-generating devices,” Orten said. “So associations are learning that and I think they’re learning how to deal with the owners that are asking for these things.”
He says he’s not heard of any conflicts heading to court, but says with any change comes a learning period. Orten believes community association boards and the homeowners they represent have far more in common in this area than they may realize.
“Associations have their own energy bills-for clubhouses, swimming pools, lighting and other factors they have and they’re interested in reducing their energy costs as well,” he said. “The object of associations is not to frustrate people in terms of their energy consumption. The object of an association is to enhance the value of the properties of the members and that does include all people to conserve energy, to reduce their energy costs.”
Kerr says the reaction to the new law has been spectacular and that he will continue to monitor what’s happening in Colorado to see if more legislation is needed on the issue in the future.
“In the 21st century, people want to be energy efficient,” he said. “A lot of homes built 10, 20, 30, 40 years or longer ago were not built to be energy efficient and people want to make their homes more energy efficient. I think state government has a role to empower people to do that.”
