The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities.
The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT
Restrictions apply!
- A home business will be subject to rules and regulations related to the following:
- Architectural control requirements
- Parking requirements
- Landscaping rules
- Noise and nuisance rules
- In addition to the Association’s rules for the above, a home business is also subject to noise and nuisance ordinances of the municipality or county where the association is located
- What does this mean for your association(s), and how can you prepare in advance?
- Have a conversation about how a home business could affect traffic, parking, and noise in the community
- Consider possible rules to address the above
To stay up to date on daily/weekly changes to the proposed bill, bookmark our 2024 Legislative Tracker.
If you have any questions about this bill and its impact on associations, please contact one of our Altitude attorneys at 303-432-9999 or email us at [email protected].
Does this mean someone could run a business out of a unit that they don’t live in butt own in the condo comumunity?
What about lack of parking?
As currently proposed, the statutory language provides “The operation of a home-based business at a unit by the unit owner or a resident of the unit with the unit owner’s permission.” We read this to mean the individual running the business must reside in the unit.
Regarding parking, the business must comply with the association’s current parking rules. The association also has the authority pursuant to the proposed language to adopt and enforce reasonable and applicable rules governing parking requirements for the home business. As such, the association may enforce for violations of current parking rules, or of those adopted with respect to the operation of a home business.
As currently written, the bill provides that “…the operation of a home-based business…must comply with any reasonable and applicable noise or nuisance ordinances or resolutions of the municipality or county where the common interest community is located.” Although the bill requires the Association to allow home businesses, if it passes, it does not alleviate an owner’s obligation to comply with applicable local or county ordinances, codes, or zoning resolutions. Such obligation remains that of each owner, as the Association does not have authority to enforce local or county ordinances, codes, or zoning resolutions. The Association, may, however, adopt stricter requirements than local or county requirements, but such restrictions may require changes to its governing documents and an owner, which should be reviewed by legal counsel.