| Community Associations Institute’s Colorado Legislative Action Committee (CAI CLAC) spent the 2023 legislative session advocating on behalf of the approximately 2,403,000 Coloradans in 893,000 homes in more than 9,900 community associations. More than 680 bills were introduced, and CAI monitored 6 bills that would have directly affected community associations. Below is a brief overview: HB23-1127 – Customer’s Right to Use Energy. The CLAC opposed this legislation that would prohibit a community association from limiting or prohibiting the use of most kinds of energy sources. The CLAC worked to oppose this legislation in committee and helped to postpone it indefinitely. Status: SUCCESSFULLY FAILED HB23-1131 – Majority of Unit Owners Required for Homeowners’ Association Budgets. The CLAC opposed this legislation which would have required a majority of unit owners to be present at a meeting in order for the Board to approve a proposed budget and authorize a majority of unit owners present at the meeting to veto a proposed budget that is approved at such meeting. Due to a successful grassroots campaign of 135 advocates who sent 270 messages, the bill was postponed indefinitely. Status: SUCCESSFULLY FAILED SB23-178: Water-wise Landscaping in Homeowners’ Association Communities. The CLAC worked on this bill since its inception in the Water Resources interim committee and were successful in amending it substantially to only apply to single-family detached homes. In the final version, associations may not prohibit the use of nonvegetative turf grass in the backyard of a unit owner’s property, unreasonably require the use of hardscape on more than 20% of the landscaping area of a unit owner’s property, must allow a unit owner an option that consists of at least 80% drought-tolerant plantings and may not prohibit vegetable gardens in the front, back, or side yard of a unit owner’s property. Finally, an association must permit the installation of at least 3 garden designs that are preapproved by the association for installation in front yards. Status: PASSED, Signed by the Governor SB23-213 – Land Use. Being one of the most controversial bills this session, the CLAC dedicated many hours to oppose this bill. The intention for this legislation was, in part, to stringently regulate ADUs and other forms of affordable housing in community associations. The bill went through multiple iterations, including striking everything but the middle housing section. Due to the efforts of the CLAC the bill was ultimately indefinitely postponed in the final hours of the session. Status: SUCCESSFULLY FAILED HB23-1233: Electric Vehicle Charging and Parking Requirements. This bill requires the state electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings, limiting the ability of the state electrical board to prohibit the installation of electric vehicle charging stations, forbidding private prohibitions on electric vehicle charging and parking, requiring local governments to count certain spaces served by an electric vehicle charging station for minimum parking requirements, forbidding local governments from prohibiting the installation of electric vehicle charging stations, exempting electric vehicle chargers from business personal property tax, and authorizing electric vehicle charging systems along highway rights-of-way. Status: PASSED, Signed by the Governor HB23-1068 – Pet Animal Ownership in Housing. The CLAC monitored this bill which prohibits insurers from denying a homeowner’s insurance policy or a dwelling fire insurance policy based on the breed(s) of dog that resides at the insured dwelling, provides for the manner in which pet animals are handled when a writ of restitution is executed, limits security deposits and rent for pet animals, and excludes pet animals from personal property liens. Status: PASSED, Awaiting Governor’s Signature HB23-1105 – Homeowners’ Association and Metropolitan District Homeowners’ Rights Task Forces. creates a task force to examine issues affecting certain homeowners’ rights, and, in connection therewith, creating the HOA homeowners’ rights task force and the metropolitan district homeowners’ rights task force. Status: PASSED, Signed by the Governor In addition, the CLAC prioritized cleanup for HB 22-1137 – Homeowners’ Association Board Accountability and Transparency. The CLAC engaged in stakeholder meetings beginning in October to express a wide range of issues created by HB 22-1137 which resulted in a bill draft that addressed a large chunk of issues. When vetted by HB 22-1137 proponents, the bill took an immediate about-face and began to entertain ideas that went against CAI and CLAC’s interest. Both proponents and opponents agreed that additional conversations need to occur, and data collected to be collected before moving forward. Given the 120-day session, neither party believed that meaningful discussions and solutions could be done in such a short time. All parties committed to continuing the conversation in the interim. The CLAC plans to prioritize these efforts in the next legislative session. |
This article was sent to us from the Community Associations Institute’s Colorado Legislative Action Committee (CAI CLAC).
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