The first bill which would have an impact on single family home planned communities and very small condominium associations has been introduced in the House by Representative Daneya Esgar (D – Pueblo County) and Representative Michael Merrifled (D – El Paso County) and has been assigned to the House Agriculture, Livestock & Natural Resources Committee. 

House Bill 16-1005 ("HB 1005") would permit 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.  Water may be collected using this method from single family homes and multi-family residences with 4 or fewer units that are set up as a "row of residences joined by sidewalls." In other words, this bill would affect single family home planned communities and small row house condominium associations or planned communities.

The bill provides that the water collected from these rain barrels must be used for outside purposes (irrigation of lawns and gardens) and must be used on the residential property where the rain was collected.  HB 1005 does not address the ability of an HOA to have architectural guidelines regulating rain barrels.  In addition, the bill specifically provides that HOAs shall not prohibit the use of these rain barrels – even if the governing documents of the association prohibit them.

Stay tuned for more information on the implications of HB 1005 for HOAs and updates on the bill as it begins moving through the legislative process.