Signed by Governor Bill Ritter, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that disallows homeowners' associations from prohibiting the installation or use of energy efficiency devices.

Highlights:

- Exempts restrictions on the dimensions, placements or external appearance of energy generation devices and energy efficiency devices for aesthetic reasons if they do not significantly increase the purchase price of the device, or significantly decrease its performance or efficiency [sec. 1 (2) (a) & sec. 2 (2) (a)]. - Exempts restrictions on energy generation devices and energy efficiency devices relating to safety requirements that are consistent with an applicable building code [sec. 1 (2) (b) & sec. 2 (2) (b)]. - Exempts reasonable restrictions on the installation and use of wind-electric generators if the sound interferes with the use and enjoyment by residents of property close to the device [sec. 1 (2) (c)]. - Specifies that the provisions of this Act do not allow for the installation of energy generation devices or energy efficiency devices on property that is owned by another person, leased without the permission of the lessor, collateral for a commercial loan without the permission of the secured party, or a limited or general common element of a common interest community [sec. 1 (3) & sec. 2 (3)]. - Amendment No. 3, sponsored by Senator Ron Tupa, removed the provision allowing associations to implement communally owned energy generation systems. - Amendment No. 6, sponsored by Senators Suzanne Williams, Bob Hagedorn and Shawn Mitchell, supplemented the provision allowing for restrictions on wind-electric generators due to noise concerns. - Amendment No. 4, sponsored by Senator Ron Tupa, supplemented the provisions that specify that this Act does not allow energy generation devices or energy efficiency devices to be installed or used on specific property.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that disallows homeowners' associations from prohibiting the installation or use of energy efficiency devices.

Highlights:

- Exempts restrictions on the dimensions, placements or external appearance of energy generation devices and energy efficiency devices for aesthetic reasons if they do not significantly increase the purchase price of the device, or significantly decrease its performance or efficiency [sec. 1 (2) (a) & sec. 2 (2) (a)]. - Exempts restrictions on energy generation devices and energy efficiency devices relating to safety requirements that are consistent with an applicable building code [sec. 1 (2) (b) & sec. 2 (2) (b)]. - Exempts reasonable restrictions on the installation and use of wind-electric generators if the sound interferes with the use and enjoyment by residents of property close to the device [sec. 1 (2) (c)]. - Specifies that the provisions of this Act do not allow for the installation of energy generation devices or energy efficiency devices on property that is owned by another person, leased without the permission of the lessor, collateral for a commercial loan without the permission of the secured party, or a limited or general common element of a common interest community [sec. 1 (3) & sec. 2 (3)]. - Amendment No. 3, sponsored by Senator Ron Tupa, removed the provision allowing associations to implement communally owned energy generation systems. - Amendment No. 6, sponsored by Senators Suzanne Williams, Bob Hagedorn and Shawn Mitchell, supplemented the provision allowing for restrictions on wind-electric generators due to noise concerns. - Amendment No. 4, sponsored by Senator Ron Tupa, supplemented the provisions that specify that this Act does not allow energy generation devices or energy efficiency devices to be installed or used on specific property.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that disallows homeowners' associations from prohibiting the installation or use of energy efficiency devices.

Highlights:

- Exempts restrictions on the dimensions, placements or external appearance of energy generation devices and energy efficiency devices for aesthetic reasons if they do not significantly increase the purchase price of the device, or significantly decrease its performance or efficiency [sec. 1 (2) (a) & sec. 2 (2) (a)]. - Exempts restrictions on energy generation devices and energy efficiency devices relating to safety requirements that are consistent with an applicable building code [sec. 1 (2) (b) & sec. 2 (2) (b)]. - Permits associations to require unit owners to participate in a commonly-owned energy generation system installed on common property rather than install individual systems, as long as the benefits from the commonly-owned system meet or exceeds the benefits of an individual one (Sec. 3).

Full Bill Text