This year was actually a relatively light year for HOA-focused bills, with only a handful of bills being introduced, and very few of those being passed and becoming law.
Highlighted below are the bills and their fates.
Passed and Signed.
HB26-1001 – Housing Developments on Qualifying Properties
Furthering Gov. Polis’ housing agenda, HB26-1001, while not association specific, is more community-focused. It expands the areas in which homes can be built and reduces the ability of concerned neighbors to object to such areas. Ultimately, this bill prohibits a subject jurisdiction from imposing the following on residential developments: imposing height restrictions, disallowing construction based upon the number of dwelling units; and applying site design standards to residential developments that are more restrictive than those applied to similar housing within that jurisdiction.
HB26-1007 – Improve Customer Use Distributed Energy Resources
HB26-1007 is an effort to provide energy alternatives by protecting the use of solar energy by prohibiting any rule or covenant that prohibits the installation, mounting or use of a Portable Scale Solar Generation Device (think small, personal-use solar equipment, like used when camping). An association cannot restrict their use and placement on property owned by the owner and are limited to producing approximately 1900 watts of power. While the number of panels may not be limited, they cannot be in sufficient quantity to “sell energy back to the grid”. These are for personal use only, in order to run small appliances during power outages or charge small portable battery-powered generators. Reasonable restrictions for installation, use, or operation of the device may be imposed.
HB26-1045 – Disabilities Housing Protections
Late in 2025, the Department of Justice revoked all guidance provided for the implementation and granting of reasonable accommodations and modifications of common elements. This revocation of guidance left associations in an untenable position. In response, the state of Colorado codified all of the formal guidance regarding Emotional Support Animals and Assistance Animals into state law at CRS 24-34-301.
HB26-1099 – Protect Financial Condition of Homeowners Associations
Another HOA centered bill, this bill does two things. First, for communities being developed, the Declarant, during the period of Declarant control, is required to provide a reserve study to the association based upon a thirty-year outlook. Additionally, the bill requires that in the event a management company contract is not renewed or is otherwise terminated, the former management company must provide all association property to the association within 45 days or face significant penalties
SB26-155 – Increase Access Homeowner’s Insurance Enterprise
Finally, SB26-155 is an attempt to keep insurance costs down by creating a state-led insurance enterprise funded by payments from insurance companies to the state in the amount of one half of one percent of each premium paid in the state. The funds may be used to provide grants to qualified projects to increase the use of hail-resistant roofing and fire-hardened building material, with the goal being to reduce insurance costs.
If you have any questions about the bills listed above or need assistance with another matter, please contact an Altitude attorney at 303-432-9999 or [email protected].