Renewable Energy v. Aesthetics & Property Values
A homeowner living in a community association in Pitkin County is passionate about cutting his consumption of fossil fuels. As a result, he has been going through the approval process with his association to install solar panels on the roof of his house which will provide energy to heat his home and water. He is also planning to install a photovoltaic system in his yard that will consist of four free-standing poles with 12 solar panels. This system will be used to power his house, studio and apartment. The Aspen Times has reported the homeowner was granted a variance to install poles over the 10-foot limit and the County Commissioners will debate whether to permanently boost the overall height limitation from 10 to 16 feet.
It's hard to argue with the goals of this gentleman. In fact, it's well settled law in Colorado that associations cannot prohibit the installation of solar energy devices on property owned by an individual. However, associations are permitted to impose reasonable aesthetic restrictions on the dimensions, placement and external appearance of the solar panels that do not significantly increase the cost of the panels or decrease the performance or efficiency of the devices.
But just how far is too far in the community association context? Should associations be able to prohibit the placement of free-standing poles and panels in the yards of homeowners? Are roof-mounted solar energy systems enough? Should homeowners be able to have a voice in how their communities look? Will the development of large solar and wind farms ultimately render this debate moot? The one thing we know for sure - is time will tell.