CO Code § 38-33.3-106.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-106.5. Prohibitions Contrary to Public Policy - Patriotic, Political, or Religious Expression - Emergency Vehicles - Fire Prevention - Renewable Energy Generation Devices - Affordable Housing - Drought Prevention Measures - Child Care - Definitions

  Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following:   The display of a flag on a unit owner's property, in a window of the unit, or on a balcony adjoining the unit. The association shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the association may prohibit flags bearing commercial messages. The association may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole.    Repealed.    The display of a sign by the owner or occupant of a unit on property within the boundaries of the unit or in a window of the unit. The association shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the association may prohibit signs bearing commercial messages. The association may establish reasonable, content-neutral sign regulations based on the number, placement, or size of the signs or on other objective factors.   (c.5) (I) The display of a religious item or symbol on the entry door or entry door frame of a unit; except that an association may prohibit the display or affixing of an item or symbol to the extent that it:   Threatens public health or safety;    Hinders the opening or closing of an entry door;    Violates federal or state law or a municipal ordinance;    Contains graphics, language, or any display that is obscene or otherwise illegal; or    Individually or in combination with other religious items or symbols, covers an area greater than thirty-six square inches.       If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a unit owner's separate interest, the unit owner may be required to remove a religious item or symbol during the time the work is being performed. After completion of the association's work, the unit owner may again display or affix the religious item or symbol. The association shall provide individual notice to the unit owner regarding the temporary removal of the religious item or symbol.    As used in this subsection (1)(c.5), “religious item or symbol” means an item or symbol displayed because of a sincerely held religious belief.       The parking of a motor vehicle by the occupant of a unit on a street, driveway, or guest parking area in the common interest community if the vehicle is required to be available at designated periods at such occupant's residence as a condition of the occupant's employment and all of the following criteria are met:   The vehicle has a gross vehicle weight rating of ten thousand pounds or less;    The occupant is a bona fide member of a volunteer fire department or is employed by a primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services;    The vehicle bears an official emblem or other visible designation of the emergency service provider; and    Parking of the vehicle can be accomplished without obstructing emergency access or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces within the common interest community.       The removal by a unit owner of trees, shrubs, or other vegetation to create defensible space around a dwelling for fire mitigation purposes, so long as such removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by a local governmental entity to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located, and is no more extensive than necessary to comply with such plan. The plan shall be registered with the association before the commencement of work. The association may require changes to the plan if the association obtains the consent of the person, official, or agency that originally created the plan. The work shall comply with applicable association standards regarding slash removal, stump height, revegetation, and contractor regulations.    (Deleted by amendment,L. 2006, p. 1215, § 2, effective May 26, 2006.)    Reasonable modifications to a unit or to common elements as necessary to afford a person with disabilities full use and enjoyment of the unit in accordance with the federal “Fair Housing Act of 1968”, 42 U.S.C. sec. 3604 (f)(3)(A);      The right of a unit owner, public or private, to restrict or specify by deed, covenant, or other document: (h) (I) The right of a unit owner, public or private, to restrict or specify by deed, covenant, or other document:   The permissible sale price, rental rate, or lease rate of the unit; or    Occupancy or other requirements designed to promote affordable or workforce housing as such terms may be defined by the local housing authority.       (A) Notwithstanding any other provision of law, the provisions of this subsection (1)(h) shall only apply to a county the population of which is less than one hundred thousand persons and that contains a ski lift licensed by the passenger tramway safety board created in section 12-150-104 (1).    Nothing in subparagraph (I) of this paragraph (h) shall be construed to prohibit the future owner of a unit against which a restriction or specification described in such subparagraph has been placed from lifting such restriction or specification on such unit as long as any unit so released is replaced by another unit in the same common interest community on which the restriction or specification applies and the unit subject to the restriction or specification is reasonably equivalent to the unit being released in the determination of the beneficiary of the restriction or specification.    Except as otherwise provided in the declaration of the common interest community, any unit subject to the provisions of this paragraph (h) shall only be occupied by the owner of the unit.           The use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property or on a limited common element or other property for which the unit owner is responsible. An association may restrict the installation of nonvegetative turf grass to rear yard locations only. (i) (I) (A) The use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property or on a limited common element or other property for which the unit owner is responsible. An association may restrict the installation of nonvegetative turf grass to rear yard locations only.    This subsection (1)(i), as amended by House Bill 21-1229, enacted in 2021, does not apply to an association that includes time share units, as defined in section 38-33-110 (7).       This paragraph (i) does not supersede any subdivision regulation of a county, city and county, or other municipality.         The use of a rain barrel, as defined in section 37-96.5-102 (1), C.R.S., to collect precipitation from a residential rooftop in accordance with section 37-96.5-103, C.R.S. (j) (I) The use of a rain barrel, as defined in section 37-96.5-102 (1), C.R.S., to collect precipitation from a residential rooftop in accordance with section 37-96.5-103, C.R.S.    This paragraph (j) does not confer upon a resident of a common interest community the right to place a rain barrel on property or to connect a rain barrel to any property that is:   Leased, except with permission of the lessor;    A common element or a limited common element of a common interest community;    Maintained by the unit owners' association for a common interest community; or    Attached to one or more other units, except with permission of the owners of the other units.       A common interest community may impose reasonable aesthetic requirements that govern the placement or external appearance of a rain barrel.         The operation of a family child care home, as defined in section 26-6-102 (13), that is licensed under part 1 of article 6 of title 26. (k) (I) The operation of a family child care home, as defined in section 26-6-102 (13), that is licensed under part 1 of article 6 of title 26.    This subsection (1)(k) does not supersede any of the association's regulations concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The association shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.    This subsection (1)(k) does not apply to a community qualified as housing for older persons under the federal “Housing for Older Persons Act of 1995”, as amended, Pub.L. 104-76.    The association may require the owner or operator of a family child care home located in the common interest community to carry liability insurance, at reasonable levels determined by the association's executive board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on the common elements, in the unit where the family child care home is located, or in any other unit located in the common interest community. The association shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the association is required to carry under the terms of the declaration. (1.5) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit renewable energy generation devices, as defined in section 38-30-168 .          Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not require the use of cedar shakes or other flammable roofing materials.     History. Source: L. 2005: Entire section added, p. 1373, § 2, effective June 6. L. 2006: (1)(a), (1)(b), (1)(c), IP(1)(d), (1)(d)(II), (1)(d)(IV), and (1)(f) amended and (2) added, p. 1215, § 2, effective May 26. L. 2008: (1)(g) added, p. 556, § 1, effective July 1; (1.5) added, p. 620, § 3, effective August 5. L. 2009: (1)(h) added,(HB 09-1220), ch. 166, p. 732, § 1, effective August 5. L. 2013: (1)(i) added,(SB 13-183), ch. 187, p. 757, § 3, effective May 10. L. 2016: (1)(j) added,(HB 16-1005), ch. 161, p. 511, § 3, effective August 10. L. 2019: (1)(i)(I) amended,(HB 19-1050), ch. 25, p. 84, § 1, effective March 7; (1)(h)(II)(A) amended,(HB 19-1172), ch. 136, p. 1723, § 233, effective October 1. L. 2020: (1)(c.5) added,(HB 20-1200), ch. 188, p. 861, § 3, effective June 30; (1)(k) added,(SB 20-126), ch. 250, p. 1222, § 1, effective September 14. L. 2021: (1)(a) and (1)(c) amended and (1)(b) repealed,(SB 21-1310), ch. 415, p. 2766, § 1, effective September 7; (1)(i)(I) amended,(HB 21-1229), ch. 409, p. 2708, § 3, effective September 7.    Editor's note:   Section 5 of chapter 409 (HB 21-1229), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after September 7, 2021.   ANNOTATION   Law reviews. For article, “‘Hang 'em High': Affordable Housing Covenants in Colorado (Part I)”, see 48 Colo. Law. 45 (July 2019).