Governor's Ranch Homeowner's Association, Inc. v. Gunther

CO · Colorado Court of Appeals

Member win · architectural

What happened

Governor's Ranch HOA sued Walter Gunther to enjoin a rooftop evaporative cooler as a covenant violation. In 1983 the trial court ordered removal from the roof and permanently enjoined reinstallation. After Gunther failed to remove it, contempt proceedings followed. Gunther then showed he had installed solar collecting panels that, together with the cooler, formed an integrated solar energy system (hot water powering the cooler in summer and heating in winter). The trial court allowed the integrated system; the Colorado Court of Appeals affirmed (Apr. 11, 1985; cert. denied).

What the court (or agency) held

Colorado's solar-protection statute (§ 38-30-168) can cover an integrated rooftop system: if an evaporative cooler and solar collecting panels together constitute an integrated solar energy device under the statute, covenants cannot require removal of the cooler component. Judgment allowing Gunther to maintain the system was affirmed.

Why this matters for members

Solar statutes may protect not only panels but functionally integrated equipment. Post-injunction facts (adding solar integration) can change enforceability analysis in contempt/modification settings.

What the member did

Installed solar panels integrated with the cooler and proved the combined system was a protected solar energy device.

Questions for the board

Questions for a lawyer

Citation

Governor's Ranch Homeowner's Association, Inc. v. Gunther, 705 P.2d 1011 (Colo. App. 1985); No. 84CA0486 (1985-04-11). Colorado Court of Appeals. Outcome chip: member_win. Source: https://law.justia.com/cases/colorado/court-of-appeals/1985/84ca0486-0.html

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.