Homeowners’ Right-to-Garden by Shelly Dackonish
Effective August 2023, Section 38-33.3-106.5 of the Colorado Common Interest Ownership Act (“CCIOA”) now limits the ability of homeowners’ associations in Colorado (“HOAs”) to dictate residential lot landscaping.
Vegetable gardens must now be allowed. Any HOA desiring to regulate vegetable gardens must select and publish on its website at least three pre-approved landscape designs that a homeowner can use without obtaining approval from the association or an architectural control committee. Approved garden designs can be selected from options available on the Colorado State University’s website: https://growgive.extension.colostate.edu/garden-plans/
HOAs must also allow their members to use artificial turf in the backyard and to include at least 80% drought-tolerant plants in their landscaping. In addition, HOAs cannot unreasonably require more than 20% of a lot to be hardscaped.
If your HOA does not have a CCIOA-compliant landscaping policy in place, we can help.