House Bill 22-1139 prohibits a common interest community from regulating the use of public right-of-ways. The new law states that associations cannot enforce a covenant, bylaw, rule or regulation that would prohibit the use of a public right-of-way that is otherwise in accordance with local government’s ordinance, resolution, rule, franchise, license or charter. The association also cannot require use of a public right-of-way in a certain manner. The new law was signed on May 6, 2022 and will become effective August 10, 2022. If any association has questions on how this may impact your community’s governing documents, please contact us.
