An HOA Legislative Update: HB19-1050 (Encourage Use Of Xeriscape In Common Areas) is law.

On March 7th 2019, Colorado House Bill 19-1050, which encourages the use of xeriscape in common interest communities was signed and enacted into law by the Colorado Legislature.

The bill expands section 38-33.3-106.5 of the Colorado Common Interest Ownership Act (CCIOA) which allows unit owners to use xeriscape or drought- tolerant vegetative landscapes to property for which a unit owner is responsible for, including limited common elements or property owned by the unit owner.

Note that associations may adopt and enforce design, aesthetic guidelines or rules on drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings that may be installed on the unit owner's property or on a limited common element or other property.

The bill further extends and amends section 37-60-126 of the Colorado Revised Statutes by prohibiting any restrictive covenants, rules or regulations that limit the installation or use drought-tolerant vegetative landscapes or that requires cultivated vegetation to consist wholly or partially of turf grass, and deems those covenants, rules or regulations as contrary to public policy.

This is just a brief summary of HB19-1050, for more information please review the bill in its entirety.

HB19-1050

Here are some resources and additional information on Xeriscaping:

• Colorado State University

• Colorado WaterWise (Xeriscape Colorado)

• Denver Water

• Colorado Springs Utilities

Subscriber Services:

Manage Subscriber Preferences |  Help