On January 27, 2020, the Colorado legislature introduced SB 20-126 . If passed, the bill would prevent a community association from prohibiting a licensed child care center from operating in the community. Sponsored by Senators Story (D), Smallwood (R), and Representatives Roberts (D), and Van Winkle (R), SB 20-126 simply states: “any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit…the operation of a family child care home”. The bill does not, however, prevent an association from adopting uniform architectural standards or rules and regulations regarding parking, landscaping or other matters not specific to the operation of a business.

With bi-partisan support, this bill has a strong chance of passage and will result in the cheerful laughter of children throughout the community.

Stay tuned and be sure to check our Legislative Tracker for regular updates on HOA legislation in Colorado

One response to “Let the Kids Play…
  1. What an exquisite form of interference into the private contracts between association and owners that we call “covenants!” Why does any legislator think this is necessary? Why not continue to let each association decide this matter for itself?

    I know I would not want a day-care business in my building. I have no idea where the kids would “play,” other than in the stairwells.

    I can also envision liability and insurance issues attendant with these types of businesses. Communities would have to rewrite their definitions of “residential community” and what constitutes a “business,” which would open the door to allowing a whole host of other occupations that could be allowed. I just bristle when legislators attempt to paint all communities with one brush.

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