May 8th marked the end of the 2023 Colorado legislative session. Several bills died, but there are a few survivors worth noting:
SB 23-178 Water-Wise Landscaping in Homeowners’ Association Communities
(Signed into Law; Effective August 9, 2023)
This bill amends the Colorado Common Interest Ownership Act (CCIOA), C.R.S. 38-33.3-106.5, to require association guidelines or rules on xeriscaping, non-vegetative turf grass or drought-tolerant vegetative landscapes to include certain standards, including not unreasonably requiring use of hardscape on more than 20% of landscaping, allowing unit owners to install at least 80% drought-tolerant planting, and not prohibiting vegetable gardens in the owners’ yards. The bill also requires the association to adopt three pre-approved garden design plans that adhere to water-wise landscaping and emphasize drought-tolerant and native plants. The new laws will not apply to condominiums or homes with one or more shared walls with another unit. For communities with detached single-family homes, it is recommended that the community review its design and landscaping guidelines and any xeriscaping policy with its attorney.
For the full text of the new laws, you can click on the link above.
HB 23-1233 Electric Vehicle Charging and Parking Requirements
(Signed into Law; Effective May 23, 2023)
In addition to amending other statutes regarding electric vehicle charging stations, this bill amends C.R.S. 38-33.3-106.8 of the CCIOA to require approval of electric vehicle charging stations (subject to certain limitations) within an Owner’s Unit, assigned or deeded parking space to a Unit or a parking space that is accessible to both the Unit Owner and other Unit Owners. It also prohibits any restrictions based on whether the vehicle is a plug-in hybrid vehicle or plug-in electric vehicle.
For the full text of the bill, you can click on the link above.
HB 23-1105 Homeowners’ Association And Metropolitan District Homeowners’ Rights Task Forces
(Signed into Law; Effective May 24, 2023)
This bill establishes a task force to examine issues impacting certain homeowners’ rights in HOAs and metro districts, including fining authority (or for metro districts, tax levying authority) and practices, foreclosure practices, and communications with homeowners.
For the full text of the bill, you can click on the link above.
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