As the Colorado legislative season continues to move on, the legislatures continue to seek areas to improve the Colorado Common Interest Act and associated statutes.  Senators Carroll, Giron and Schwartz and Representative Fields sponsored SB 13-183 which has the effect of limiting a common interest community’s ability to restrict xeriscaping and fine owners for having dormant or brown grass during periods of water restrictions. 

The Bill, as currently drafted has three purposes.  The first is to restrict an association’s ability to prohibit xeriscaping.  While the Association may still adopt some standards, unlike the existing statute, an association can no longer require any amount of grass or non-native turf. 

The second provision prohibits and association from fining an owner for dormant grass during periods of watering restrictions.

The final provision requires that an association provide owner’s an opportunity to return their grass to a green condition after the water restrictions are removed.  Generally speaking, as the State continues in drought conditions, this legislation will save associations and individual owners money from attempting to keep grasses green.  How do you think this will impact your community?

David A. Firmin
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