Amendments for SB23-178
Senate Journal, March 29
Amend printed bill, page 3, line 7, strike "or regulate" and substitute "OR TO
VEGETABLE GARDENS or THAT regulate".
Page 4, strike lines 5 and 6 and substitute "LANDSCAPING, AS DEFINED IN
SECTION 37-60-135 (2)(l), WHICH EMPHASIZE DROUGHT-TOLERANT AND NATIVE
PLANTS, OR BE PART OF A WATER CONSERVATION PROGRAM OPERATED BY A
LOCAL WATER PROVIDER. EACH GARDEN DESIGN MAY BE".
Page 4, line 13, strike "GUIDELINES." and substitute "GUIDELINES AND SHALL
ALLOW A UNIT OWNER TO USE REASONABLE SUBSTITUTE PLANTS WHEN A PLANT
IN A DESIGN ISN'T AVAILABLE.".
Page 4, strike lines 25 and 26 and substitute "SHALL NOTIFY THE ASSOCIATION
IN WRITING OF THE VIOLATION AND ALLOW THE ASSOCIATION FORTY-FIVE DAYS
AFTER RECEIPT OF THE NOTICE TO CURE THE VIOLATION.".
Page 5, line 11, after "RESTRICT" insert "CHANGES THAT INTERFERE WITH".
Page 5, strike lines 17 and 18 and substitute:
"CONTRARY, THIS SUBSECTION (1)(i) APPLIES ONLY TO A UNIT THAT IS A
SINGLE-FAMILY DETACHED HOME AND DOES NOT APPLY TO:
(A) A UNIT THAT IS A SINGLE-FAMILY ATTACHED HOME THAT SHARES
ONE OR MORE WALLS WITH ANOTHER UNIT; OR
(B) A CONDOMINIUM.".
Senate Journal, April 3
Amend printed bill, page 4, strike lines 18 through 22 and substitute "CIVIL
ACTION TO RESTRAIN FURTHER VIOLATION AND TO RECOVER UP TO A MAXIMUM
OF FIVE HUNDRED DOLLARS OR THE UNIT OWNER'S ACTUAL DAMAGES,
WHICHEVER IS GREATER.".
Amendment No. 3(L.009), by Senator Will.
Amend printed bill, page 7, after line 16 insert:
"SECTION 3. In Colorado Revised Statutes, 37-60-115, amend (6)(e)
as follows:
37-60-115. Water studies - rules - repeal. (6) Precipitation
harvesting pilot projects. (e) (I) This subsection (6) is repealed, effective July
1, 2026.
(II) THIS REPEAL DOES NOT AFFECT OR OTHERWISE PRECLUDE WATER
COURTS FROM ADJUDICATING ANY APPLICATION FOR AN AUGMENTATION PLAN
PURSUANT TO THIS SUBSECTION (6) THAT IS FILED PRIOR TO JULY 1, 2026.".
Renumber succeeding section accordingly.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, April 19
39 Amend reengrossed bill, page 2, strike line 3 and substitute "amend
40 (1)(i)(I)(A); and add (1)(i.5) as follows:".
41
42 Page 2, strike line 11 and substitute:
43
44 "(i) (I) (A) The use of xeriscape, nonvegetative turf grass, or
45 drought-tolerant vegetative landscapes to provide ground covering to
46 property for which a unit owner is responsible, including a limited
47 common element or property owned by the unit owner. Associations may
48 adopt and enforce design or aesthetic guidelines or rules that apply to
49 nonvegetative turf grass and drought-tolerant vegetative landscapes or
50 regulate the type, number, and placement of drought-tolerant plantings
51 and hardscapes that may be installed on a unit owner's property or on a
52 limited common element or other property for which the unit owner is
53 responsible. An association may restrict the installation of nonvegetative
54 turf grass to rear yard locations only. THIS SUBSECTION (1)(i)(I)(A), AS
55 AMENDED BY SENATE BILL 23-178, ENACTED IN 2023, APPLIES ONLY TO
1 A UNIT THAT IS A SINGLE-FAMILY HOME THAT SHARES ONE OR MORE
2 WALLS WITH ANOTHER UNIT AND DOES NOT APPLY TO A UNIT THAT IS A
3 DETACHED SINGLE-FAMILY HOME.
4 (i.5) (I) THE USE OF XERISCAPE, NONVEGETATIVE TURF GRASS, OR
5 DROUGHT-TOLERANT OR NONVEGETATIVE LANDSCAPES TO PROVIDE
6 GROUND COVERING TO PROPERTY FOR WHICH A UNIT OWNER IS
7 RESPONSIBLE, INCLUDING A LIMITED COMMON ELEMENT OR PROPERTY
8 OWNED BY THE UNIT OWNER AND ANY RIGHT-OF-WAY OR TREE LAWN THAT
9 IS THE UNIT OWNER'S RESPONSIBILITY TO MAINTAIN. ASSOCIATIONS MAY
10 ADOPT AND ENFORCE DESIGN OR AESTHETIC GUIDELINES OR RULES THAT
11 APPLY TO DROUGHT-TOLERANT VEGETATIVE OR NONVEGETATIVE
12 LANDSCAPES OR TO VEGETABLE GARDENS OR THAT REGULATE THE TYPE,
13 NUMBER, AND PLACEMENT OF DROUGHT-TOLERANT PLANTINGS AND
14 HARDSCAPES THAT MAY BE INSTALLED ON".
15
16 Page 3, strike lines 1 through 12.
17
18 Page 3, line 24, strike "(1)(i)," and substitute "(1)(i.5),".
19
20 Page 4, line 1, strike "(1)(i)," and substitute "(1)(i.5),".
21
22 Page 4, line 20, strike "(1)(i)(IV)" and substitute "(1)(i.5)(IV)".
23
24 Page 4, line 22, strike "(1)(i)," and substitute "(1)(i.5),".
25
26 Page 4, line 27, strike "(1)(i)(III)" and substitute "(1)(i.5)(III)".
27
28 Page 5, strike lines 4 to 10 and substitute:
29
30 "(V) NOTHING IN THIS SUBSECTION (1)(i.5) SHALL BE CONSTRUED".
31
32 Page 5, line 21, strike "(VIII)" and substitute "(VI)".
33
34 Page 5, line 22, strike "(1)(i)" and substitute "(1)(i.5)".
35
36 Page 6, strike line 1 and substitute "(11)(b)(IV); and add (11)(a)(III) and
37 (11)(a.5) as follows:".
38
39 Page 6, strike lines 5 through 23 and substitute:
40
41 "repeal. (11) (a) (III) THIS SUBSECTION (11)(a), AS AMENDED BY SENATE
42 BILL 23-178, ENACTED IN 2023, APPLIES ONLY TO A UNIT THAT IS A
43 SINGLE-FAMILY HOME THAT SHARES ONE OR MORE WALLS WITH ANOTHER
44 UNIT AND DOES NOT APPLY TO A UNIT THAT IS A DETACHED SINGLE-FAMILY
45 HOME.
46 (a.5) (I) ANY SECTION OF A RESTRICTIVE COVENANT OR OF THE
47 DECLARATION, BYLAWS, OR RULES AND REGULATIONS OF A COMMON
48 INTEREST COMMUNITY, ALL AS DEFINED IN SECTION 38-33.3-103, AND ANY
103 49 RULE OR POLICY OF A SPECIAL DISTRICT, AS DEFINED IN SECTION 32-1-
50 (20), THAT PROHIBITS OR LIMITS XERISCAPE, PROHIBITS OR LIMITS THE
51 INSTALLATION OR USE OF DROUGHT-TOLERANT VEGETATIVE OR
52 NONVEGETATIVE LANDSCAPES, REQUIRES CULTIVATED VEGETATION TO
53 CONSIST WHOLLY OR PARTIALLY OF TURF GRASS, OR PROHIBITS THE USE OF
54 NONVEGETATIVE TURF GRASS IN THE BACKYARD OF A RESIDENTIAL
55 PROPERTY IS HEREBY DECLARED CONTRARY TO PUBLIC POLICY AND, ON
1 THAT BASIS, IS UNENFORCEABLE. THIS SUBSECTION (11)(a.5) DOES NOT
2 PROHIBIT COMMON INTEREST COMMUNITIES OR SPECIAL DISTRICTS FROM
3 ADOPTING AND ENFORCING DESIGN OR AESTHETIC GUIDELINES OR RULES
4 THAT APPLY TO DROUGHT-TOLERANT VEGETATIVE OR NONVEGETATIVE
5 LANDSCAPES OR REGULATE THE TYPE, NUMBER, AND PLACEMENT OF
6 DROUGHT-TOLERANT PLANTINGS AND HARDSCAPES THAT MAY BE
7 INSTALLED ON PROPERTY THAT IS SUBJECT TO THE GUIDELINES OR RULES;
8 EXCEPT THAT THE GUIDELINES OR RULES MUST:
9 (A) NOT PROHIBIT THE USE OF NONVEGETATIVE TURF GRASS IN
10 THE BACKYARD OF A RESIDENTIAL PROPERTY;".
11
12 Page 7, line 6, strike "(11)(a)(II)(D)," and substitute "(11)(a.5)(II)(D),".
13
14 Page 7, strike lines 10 to 12 and substitute:
15
16 "(II) THIS SUBSECTION (11)(a.5) DOES NOT APPLY TO:
17 (A) A UNIT OWNERS' ASSOCIATION, AS DEFINED IN SECTION
18 38-33.3-103 (3), THAT INCLUDES TIME SHARE UNITS, AS DEFINED IN
19 SECTION 38-33-110 (7); OR
20 (B) A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), THAT IS A
21 SINGLE-FAMILY HOME THAT SHARES ONE OR MORE WALLS WITH ANOTHER
22 UNIT.".
23
24 Page 7, strike lines 20 to 24.