As you likely have heard, new legislation is in effect as of September 7, 2021 affecting common interest communities. If your association has not drafted polices addressing the new legislation, you should contact your legal counsel immediately to ensure that your association’s policies are properly enacted or updated. Here is a summary of the new legislation:
Association Records (C.R.S. 38-33.3-317)
– Must now include “a list of the current amounts of all unique and extraordinary fees, assessments and expenses charged by the Association in connection with the purchase and sale of a unit.” Includes: transfer fees, record change fees, charges for status letter/ statement of assessments due
-Now include all documents in the Association’s annual disclosures
-New Records Policy must be adopted to include the additions above
-Penalties of $50.00+ per day if records are not provided or provided for inspection within 30 days after receipt of a certified mail, return receipt requested, records review request.
Restrictions on Renewable Energy Generation Devices (C.RS. 38-30-168)
-Association aesthetic restrictions cannot increase the cost of a device by more than 10%.
-Period of review for approval may not exceed 60 days from date of application; failure to act within 60 days will result in an automatic approval.
Xeriscaping (C.R.S. 37-60-126 & C.R.S. 38-33.3-106.5)
-An Association may not prohibit nonvegetative turf yard in the backyard of a residential property
-An Association may restrict the installation of nonvegetative turf grass to rear yard locations only.
Flags and Political Signs (C.R.S. 38-33.3-106.5)
-Any flag or sign is permitted to be displayed; no longer limited to American/service flags and political signs
-Flags and signs may not be regulated based on subject matter, message or content
-Content neutral rules are permissible
-Commercial messages can be prohibited