I. RESTRICTIONS ON COVENANTS AND BYLAWS
1.1 XERISCAPING (37-60-126(11))
Effective Date: June 6, 2005
Applicability: Applies to all pre and post-CCIOA common interest communities
- Any restrictive covenant that prohibits or limits xeriscaping, or requires the primary or exclusive use of turf grass is unenforceable.
- Associations may not place any additional burdens (procedural or financial) on owners who submit xeriscape plans for approval.
- Associations may bring enforcement actions against unit owners who allow their grass to die unless water restrictions are in effect.
- Associations must give unit owners a reasonable and practical time period to try to revive grass that died during a period of water restrictions before requiring re-sodding.