More HOA legislation is here! Five new bills have been released so far this January, including HB24-1078, also known as the Community Manager Regulation Bill. Below is an introduction to each of the remaining four bills released this month (so far).
SB24-005 – Prohibit Landscaping Practices for Water Conservation – Here is a bill that if passed would prohibit local governments, common interest communities and special districts from allowing the installation, planting or placement of nonfunctional turf, artificial turf or invasive plant species on commercial, institutional or industrial property or transportation corridors. The law would go into effect on January 1, 2025 but would not prevent the maintenance (or allowing someone to maintain) of nonfunctional or artificial turf or invasive plant species that had been installed, planted or placed before January 1, 2025, nor does it prohibit installation of artificial turf on athletic fields.
HB24-1091 – Fire-Hardened Building Materials in Real Property – This bill as introduced would prevent community associations from prohibiting the installation, use or maintenance of fire-hardened building materials on a unit owner’s property; however, an association may impose reasonable restrictions on the design, dimensions, placement or appearance of the fire-hardened materials used for fencing as long as those restrictions do not increase the cost of the fencing by more than 10%. Additionally, an association may not take more than 60 days to review and approve an application for fire-hardened building materials for fencing. If the 60-day timeframe is exceeded, then the application is deemed to be approved.
SB24-021 Exempt Small Communities from HOA Requirements – CCIOA contains certain provisions that allow small communities or limited-expense communities to be exempt from many of the requirements that apply under CCIOA. If passed, this bill as drafted would combine and amend some of those provisions regarding exemption to allow exceptions for certain cooperatives and small and/or limited expense planned communities to avail themselves of the exemption provisions.
SB24-058 Landowner Liability Recreational Use Warning Signs – Applicable to landowners, this bill would provide that landowners who post warning signs at the primary access point where an individual enters their land could limit the landowner’s liability for injuries or death resulting from the landowner’s willful or malicious failure to guard or warn against a known, dangerous condition, use, structure or activity that is likely to cause harm. The signage must adhere to certain size and posting requirements, must state the dangerous condition, use, structure or activity that caused the portended death, and the landowner must maintain evidence of each such sign. P.S. This applies to those of you who possess or hold a conservation easement as well.
We will continue to update our 2024 Legislative Tracker as more information becomes available. If you have any questions about any of the new bills, please contact one of our Altitude attorneys at 303-432-9999 or email us at [email protected].