In 2024, the General Assembly declared that “…increasing the housing supply through the construction or conversion of accessory dwelling units is a matter of mixed statewide and local concern.” Thus, HB24-1152 was passed into law.
HB24-1152 made it unlawful for associations in ADU supportive or subject jurisdictions to prohibit owners of single family detached homes to build ADUs on their lots. Many counties, such as Jefferson, Denver, Boulder, Douglas, Arapahoe, and Broomfield, are supportive jurisdictions. So, if your community is in one of these or other jurisdictions that support ADUs, you should familiarize yourself with this law and with any applicable ADU local ordinances. We have put together a list linking to various City ADU Ordinances, which we hope will be helpful for you.
While HB24-1152 and the ADU regulations are lengthy and somewhat daunting, there are resources available to assist you. The Colorado Department of Local Affairs provides an overview of ADU regulations and a link to other resources. Locally, the City of Colorado Springs provides an in-depth guide to ADUs, including ordinances, requirements, and FAQs. Also useful is a handout from the City of Boulder, which can be found on their ADU website, along with general information about ADUs, how to apply for a permit, and an actual telephone number to call for assistance. For those associations on the Western Slope, the City of Grand Junction provides a comprehensive guide to ADUs, including information on their ADU Production Program, which provides incentives and support for the construction of ADUs.
Please contact an Altitude attorney, at 303.432.9999 or at [email protected] with questions about accessory dwelling units and other available resources.
These are storage units? Can condos have them?
An ADU is an ‘Accessory Dwelling Unit’ and is intended to address housing shortages, provide ways for families to live together, and/or for income purposes. An ADU is not for storage. ADUs cannot be constructed in condominium communities, only on single-family lots.
1. Our Declaration of Covenants have setback, architecture control approval, and other restrictions on construction. Do these still apply to any ADU construction?
2. We impose a monthly assessment on our members per property owned. This assessment goes towards maintenance of amenitities, which would have additional use as ADUs increase the density of our HOA. Can we add an assessment on an ADU under state law? (I realize that a change in covenants is likely required.)
1. Potentially yes as HB24-1152 does allow associations to adopt restrictions (and continue to enforce restrictions) on ADUs that: (i) do not unreasonably increase cost of construction of the ADU; (ii) do not effectively prohibit construction of the ADU; or (iii) Do not extinguish the ability to otherwise construct an ADU. However, to be cautious you should have your association’s attorney review your regs against the statute and give you a legal opinion.
2. Yes IF you amend the covenants to include such authority. Again, however, seek legal advice from your attorney as to any proposed amendment.