Sweeping Legislative Changes - Colorado S. B. 100

Almost everybody having any involvement with homeowners associations in Colorado has been following the progress of S.B. 100 in the Colorado legislature this year. On June 6th, Governor Owens signed the bill into law.

Many associations have felt that if this legislation became law, it would not impact how they do business. However, many associations will be impacted in significant ways. Here are some:

1.New provisions in restrictive covenants or policies that prohibit xeriscaping or that require cultivated vegetation to consist exclusively or primarily of turf grass are unenforceable;
2.Associations cannot prohibit:
a.the display of American flags on an owner's property or from a window or balcony that is a part of or adjacent to the owner's unit;
b.display of political signs during specified times surrounding elections;
c.emergency motor vehicle parking within a community under certain conditions
d.removal of trees, shrubs and other vegetation so as to create defensible space around a dwelling for fire mitigation purposes
e.replacement of cedar shake shingles with nonflammable roofing materials
3.Associations will have an obligation to provide information to members at least annually, and within ninety days after a change in the management company;
4.The association is required to adopt responsible governance policies;
5.The association will have the ability to amend its declaration without having to obtain approval from more than sixty-seven percent of owners, and any lender consent requirements are relaxed.

It is always dangerous to try to paraphrase legislation, and that concept holds true here. The bill underwent over one hundred amendments as it worked its way through the Senate and the House, and as finally passed on, comprises over thirty pages of new provisions. In upcoming postings, we will talk in more detail about certain of its provisions.

Stay tuned.

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