New Legislation Affecting Colorado Common Interest Communities

A pair of bills that will impact Colorado community associations passed through the legislature in April.  House Bill 26-1099, regarding association reserve studies and the turnover of association property by community association management companies, was signed by Governor Polis on April 13, 2026. House Bill 26-1007, regarding portable solar devices, passed through the House and the Senate on April 14, 2026, and is currently awaiting an approval or veto by the Governor.

House Bill 26-1099 – Association Reserve Studies and Transfer of Association Records/Property

HB26-1099 becomes effective August 12, 2026. The bill amends certain sections of the Colorado Common Interest Ownership Act (CCIOA) and adds a new Section 209.2.

There are two primary components to HB26-1099:

• A statutory requirement mandating reserve studies for (most) new communities subject to CCIOA. (Not applicable to cooperatives or communities already in existence before August 12, 2026.)
• Requirements for the transfer/turnover of Association records and property in conjunction with changes in association management (within 45 days after termination, cancellation, or non-renewal of association’s management agreement).

For additional information about HB26-1099, check out this blog by attorney Kelly K. McQueeney.

HB26-1007 – Portable Solar Devices

HB26-1007 becomes effective August 12, 2026 (unless vetoed by the Governor).

Portable solar devices have attracted significant attention across multiple states. As state and federal public policy continues to evolve, there has been an increased focus on renewable energy sources and enabling use of such devices by consumers.

HB26-1007 is the latest among the progeny of public policy initiatives under CCIOA to expressly allow the use of portable “plug in” devices, designed to capture and store energy to power items such as electronics, small appliances, etc. during temporary/emergency powers outages or off-grid use.

HB26-1007 impacts community associations by limiting the authority of association to regulate use of portable solar devices. Specifically, the bill permits owners to install and use portable solar devices in condominiums, cooperatives, and planned communities, regardless of any existing restrictions in the governing documents.

Notably, however, the bill contains protections addressing bona fide safety concerns:

• Associations may require devices to be safely secured to patios, decks, balconies, railings, or other property.
• Associations may require owners to assume responsibility and/or liability for installation, maintenance, and removal of portable solar devices, and may further require owners to indemnify the association for related liability and costs (e.g., through a separate maintenance and/or liability agreement).

The end result is a balance between broadly supported public policy objectives and ensuring/protecting against bona fide safety risks.

CLAC was actively involved with both bills. You can read this article in its entirety here, and view recent webinar update from CLAC here.