Colorado laws put limits on HOAs
Most people know that homeowners associations (HOAs) place limits on homeowners, but did you know there are Colorado laws that limit what HOAs can do? The Colorado Common Interest Ownership Act (CCIOA) and other laws place oversight on what HOAs can require. For example, HOAs cannot prohibit the following:
- Display of a flag, sign, or religious symbol, including the installation of a flagpole.
- Parking of a vehicle used for business near the home if certain criteria are met.
- An owner’s removal of vegetation around a dwelling for fire mitigation.
- Installation, use and maintenance of fire-hardened building materials.
- Reasonable modifications for people with disabilities.
- Xeriscape, artificial grass or drought-tolerant landscapes.
- Vegetable gardens.
- Use of a rain barrel (with certain limits).
- Operation of a licensed, childcare business at the home.
- Operation of a home-based business.
- Creation of an accessory dwelling unit (sometimes called an in-law suite) in certain circumstances.
- Renewable energy generation devices, such as solar panels or a wind generator.
- Installation of energy efficiency measures, such as shade structures, attic or garage fans, evaporative coolers, energy-efficient outdoor lighting devices or heat pump systems.
- Installation of a retractable clothesline.
- Installation of an electric vehicle charging system.
In addition, an HOA cannot require that a public right-of-way be used in a certain manner. HOAs also cannot restrict parking based on a vehicle being a plug-in hybrid or electric. Finally, HOAs cannot require homeowners to use cedar shakes or other flammable roofing materials.
Be sure to check with your own HOA for its specific rules and guidelines. For more information about CCIOA and other Colorado HOA laws, visit leg.colorado.gov and search “HOA,” and dre.colorado.gov/hoa-center. For information about rain barrel laws, visit leg.colorado.gov and search “rain barrel.”
By Susan Helton
