Act Now: New HOA Legislation in Place

The Colorado legislature recently passed legislation relating to common interest communities that require actions to be taken by Associations.  

House Bill 23-1105  

A “homeowners’ rights task force” has been created to examine various issues surrounding owner rights in common interest communities. Here are some key takeaways from this Bill:

1. The Association must immediately notify all owners about the task force. Additional details are available at C.R.S. 12-10-226.3.
2. The Board of Directors of an Association, if requested by the task force, must cooperate with regards to production of association records or records related to collections activity or legal actions (personal identifying information must be removed from all documents before submission). 

Senate Bill 23-178 : Effective August 8, 2023

Significant revisions have been made with regards to permissible restrictions on drought tolerant vegetation/plantings, vegetable gardens and xeriscaping. The restrictions vary depending on whether an association is a detached single-family home community or non-detached single family home community where a unit shares one or more walls with another unit. Given that many associations have existing restrictions contained in their CC&R’s, rules and regulations or design/architectural guidelines relating to landscaping in a community, In most cases an Association may address this issue by adopting  a specific Resolution and Policy regarding the new restrictions which supersede all prior restrictions. 

Here are some key points from the Bill:

• In a detached single-family home community: an association cannot prohibit vegetative gardens in the front, back or side yard of a unit owner’s property.
• In a detached single-family home community: an association must select 3 preplanned water-wise designs that are preapproved for installation in front yards and must also post this information on their website; the preapproved designs must meet various criteria.

The legislation does not apply to communities where an owner does not maintain their landscaping in any shape or form.

If you have any questions specific to one of your communities, please do not hesitate to contact me.