On July 8, 2020, Senate Bill 20-126 was adopted. SB 20-126 amends CCIOA at C.R.S. §38-33.3-106.5 to require licensed daycare centers to be allowed in all Colorado associations (with the exception of communities qualified as housing for older persons under the Housing for Older Persons Act of 1995), regardless of whether or not daycare centers are prohibited under the association’s governing documents. C.R.S. § 26-6-102(13) defines a family child care home as “a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen years who are not related to the head of such home.”
SB 20-126 does not require an association to approve an architectural request for modification of a unit to accommodate a daycare center if the modification does not conform to the architectural guidelines of the association. However, SB 20-126 does require that “the association shall make reasonable accommodation for fencing requirements applicable to the licensed family child care homes.” Therefore, fences in no-fence communities might be popping up in conjunction with new daycare facilities.
Additionally, in an effort to allow the association to protect itself from liability for the newly approved daycare centers, the association may require the owner to carry liability insurance for incidents which occur both in the unit and on common elements/areas. The association may also require that it be named as an additional insured in such a policy. Associations should consider adopting rules to this effect.
With the exception of fences and the architectural process, SB 20-126 does not speak to additional rules and regulations regarding daycare centers. Therefore, an association still has the ability and authority to enforce existing rules and regulations, such as parking or noise violations or “other matters not specific to the operation of a business per se.” Simply because daycare centers are now allowed in associations, just remember this does not give an owner carte blanche authority to disregard all other rules in the community.
If you have any questions on the above please contact any of our attorneys at (303) 432-9999 or [email protected].