House Bill 16-1005 ("HB 1005") has just cleared the Colorado House of Representatives in an amended version on a vote of 61 to 3 and is heading to the Senate for consideration.
As originally introduced, HB 1005 permits rain water to be collected from residential rooftops by the use of no more than two rain barrels with a combined storage capacity of 110 gallons or less. The bill provides that water may be collected in this manner from single family homes and multi-family residences with 4 or fewer units – like townhomes and condominiums. The water collected from these rain barrels must be used for outside purposes, like irrigation of laws and gardens, and must be used on the residential property where the rain was collected.
The bill as originally drafted, did not recognize the unique issues that arise in the context of condominiums and HOAs. As a result, the HB 1005 was amended to provide as follows:
1. Individuals living in HOAs, do not have the right to place a rain barrel on property that is: (a) leased, except with permission of the lessor; (b) a common element or limited common element in an HOA; (c) is maintained by the HOA; or (d) is attached to one or more other units, except with the permission of the owners of the other units.
2. HOAs are also permitted to place reasonable aesthetic requirements on rain barrels that govern their placement and external appearance.
It will be interesting to see what happens to HB 1005 in the Senate, since last year this identical bill was killed in the Senate. As always, stay tuned to this blog for updates on HB 1005 and other bills impacting HOAs.