2023 Legislative Update

The 2023 Colorado legislative session is in full swing. Below you will find several House and Senate bills that have been introduced this year that may impact you or your community. You can find more information about the specific bills by clicking on the links below.

There are two 2023 bills currently under review directly impacting HOAs:

HB 23-1105 Homeowners’ Association And Metropolitan District Homeowners’ Rights Task Forces

This bill proposes to create task forces 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.

Introduced January 23, 2023. Assigned to Business Affairs & Labor and referred to Appropriations for consideration.

SB 23-178 Water-Wise Landscaping in Homeowners’ Association Communities

This bill proposes 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 permit installation of at least 3 preapproved garden designs that adhere to water-wise landscaping and emphasize drought-tolerant and native plants.

Introduced March 3, 2023. Assigned to Local Government & Housing for consideration. Next meeting March 28, 2023 at 2p.m.

Two other bills impacting HOAs have been postponed indefinitely:

HB 23-1127 Customer’s Right to Use Energy
HB 23-1131 Majority Unit Owners Approval for Budgets

Below are a several other house and senate bills currently under consideration that are not directed at HOAs specifically, but address various housing issues:

HB23-1095 Prohibited Provisions in Rental Agreements
SB23-184 Protections for Residential Tenants
SB23-148 Illegal Drug Laboratory Property and Certification
HB23-1174 Homeowner’s Insurance Underinsurance
HB23-1190 Affordable Housing Right Of First Refusal
HB23-1171 Just Cause Requirement Eviction Of Residential Tenant
HB23-1068 Pet Animal Ownership In Housing
SB23-206 Disclose Radon Information Residential Property
HB23-1254 Habitability Of Residential Premises

Lastly, just yesterday a statewide zoning bill was proposed (SB23-213) regarding zoning and the use of ADUs. Keep an eye out in the week ahead for up-to-date blogs about this and other proposed legislation.