Energy Efficiency Measures Bill Introduced by Representative Kerr

On January 31, 2008, Representative Andy Kerr introduced in the Colorado General Assembly House Bill 08-1270 to address the installation of energy efficiency measures in homeowners associations.  The legislation expands the existing statute relating to the installation of solar energy devices in common interest communities to "energy efficiency measures" which is very broadly defined.  
 
We are concerned the bill does not strike an adequate balance between environmental concerns and the right of associations to protect the property values of individuals living in the communities by permitting appropriate regulation of aesthetics.  With the ever-increasing number of energy conservation options available to homeowners to decrease their consumption of fossil fuels, associations should have more control over the types of options homeowners are permitted to install outside of their homes.  One of the primary reasons individuals purchase their homes in community associations is to avail themselves of the aesthetic value associations provide.  It is possible to conserve energy, protect the environment and protect the aesthetic appeal of homeowners associations.  Unfortunately, this bill has not struck that balance and we are hopeful Representative Kerr will be open to amending his legislation.
Written By:Steve Susman On February 1, 2008 1:20 PM

I assume much well-meaning thought went into drafting this propsed law. But, as is usually the case, the present wording is rife with ambiguities, creating a lawyers' field-day,and potentially causing untold aggravation to community association governance.

Written By:Bill and Joy Tortell On February 1, 2008 4:37 PM

It seems this bill is too ambiguous and could pose some expensive retros to homeowners in our development. We do not believe that fossil fuel output is affecting "global warming" as it is touted. This gets into politics.

Sincerely

Bill and Joy Tortell

Written By:epriker On February 1, 2008 8:02 PM

The reason people purchase homes in a covenant regulated neighborhood is the presevation of property values.Several of the bills awaiting action attempt to erode that purpose.Many lawyers and government elected officials
Tend to forget"if it's not broke don't fix it"

Written By:Dan Kuehl On February 2, 2008 10:54 PM

It appears that homeowners' associations are the target du jour of the legislative process at the state and local levels. Surely energy conservation is important but so is the concept of personal freedoms and the right to associate including the right to protect myself and my property from whimsical decisions that make little positive impact on energy usage but have a major negative impact on the part of the environment called aesthetics. Do solor panels ring a bell here? Perhaps the legislators et al would better serve us if they would expend funds on where real research projects could determine the total impact of these various ideas including cost to effectivness ratios and then allow the public who has to pay the bills decide in what direction we would proceed. I once knew a woman who saved conderable money in water heating - all she had to do was fill her 150+ feet of garden hoses with water and let the sun warm it. She then drained the hoses into tubs which she used for dish water and bathing. True story!! In Denver actually. Maybe we should all have the opportunity to do that by coiling hundreds of feet of hoses around our condos and the complex in general and drain them as needed. Free hot water!

Written By:Bev Warburton On February 3, 2008 1:11 PM

We've had direct experience lately with solar installations. It would be good to have some restrictions. Although we have 5-10 acre lots, we can be impacted by "supplemental generator" noise, as well as solar panel placement. Power is available in our community, and goes right along the public access roads. Homeowners should be encouraged, or mandated, to be on-grid here to avoid the "emergency" generators which no longer have to be enclosed. Part time residents have no idea of the noise their generators make and how much they are on. Our power company buys back energy. On-grid the homeowners could sell back unused power, and avoid bothering their neighbors.
The homeowners' association permitting group should be allowed to check that solar collectors are not reflecting or otherwise negatively impacting adjacent property owners.

Written By:david phifer On February 4, 2008 9:05 AM

Do these elected officials not work with anyone within the CAI community when they decide what the think is best for us.

Written By:J. Merillat On February 6, 2008 7:17 PM

HELP speak up now before it is too late!

My property is directly impacted by a 56'foot long 7' feet 10" inches high photovoltaic system, ground up. (not a roof mount as most are) The neighbor tried to make it almost 10 feet high. I fought and it was lowered, however, it has taken the previously open view away and is overwhelming.

This is an eye sore not only to me but to the value of our neighborhood, half million plus neighborhood. Statue states aesthetic. In whose eyes? I have no problem with solar, however, I feel a neighborhood should be able to control placements to assure aesthetically pleasing as to a negative impact.

We need to have 'gatekeepers', protected by Statue and through Covenants, to protect building such structures and to protect the outlook from the adjacent or neighboring properties. Homeowner's wanting to install such a structure ground up should be willing to give up their lawn space by keeping the structure below the Covenants stated fence height. This would allow neighbors not to see the uninviting structure. If someone wants solar it should be at their cost financially and sight. Why should neighbors have to pay $5,000 to $10,000 in landscaping to block views from such large and unattractive structures being built next to you? Let the homeowner's association have control to require solar fit the neighborhood.

HELP speak up now before it is too late!

Do you want a structure built in your neighbors backyard that has no respect for other neighbor's views? Homeowner's Associations need to have involvement to assure harmony thereof with the surroundings and the effect from the adjacent or neighboring property to protect the value of a neighborhood.

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