HOAs cannot limit water-saving landscaping in single-family home neighborhoods

BY FREDA MIKLIN GOVERNMENTAL REPORTER

On May 17, Gov. Polis signed into law SB 23–178 Water-wise Landscaping in Homeowners’ Association Communities. It states that HOAs in single-family detached home neighborhoods: Cannot prohibit the use of non-vegetative turfgrass in the back yard of a unit owner’s property.

Cannot unreasonably require the use of hardscape on more than 20% of the landscaping area of a unit owner’s property.

Allow a unit owner an action that consists of at least 80% drought tolerant plantings.

Cannot prohibit vegetable gardens in the front, back, or side yard of a unit owner’s property.

The new law also requires HOA’s “to permit the instal- lation of at least three garden designs that are preapproved by the Association for instal- lation in front yards within the common interest community. To be preapproved, a garden design must adhere to the principles of water-wise landscaping or be part of a water conservation program operated by a local water provider.”

Before the new law was passed, HOAs were permitted “to adopt and enforce design or aesthetic guidelines or rules (for) non-vegetative turfgrass and drought tolerant vegetative landscapes,” and “regulate the type, number, and placement of drought tolerant plantings and hardscapes…on a unit owner’s property, on a limited common element, or on other property for which a unit owner is responsible.”

The bill passed the state senate 30-5, with all the no votes coming from five of the chamber’s 12 GOP members. Republican Sen. Perry Will (R-5) was a prime sponsor of the law.

In the House, Arapahoe County’s Rod Bockenfeld, along with 16 other Republicans, voted no on this bill. It was supported by the Democratic caucus and two members of the GOP, Rep. Gabe Evans (R-48) and Rep. Anthony Hartsook (R-44). fmiklin.villager@gmail. com