Re-Inventing the Square Wheel

Continually amending Colo. Rev. Stat. § 38-33.3-106.5, the “Prohibitions Contrary to Public Policy” section of the Colorado Communist Interest Ownership Act, to expand the rights of homeowners is a failed strategy for H.O.A. reform.

For example:

01. In 2005, Colorado passed Senate Bill SB05-100 “Concerning Increased Protections for Homeowners”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

It worked so well that …

02. In 2013, Colorado passed Senate Bill SB13-183 “Water Conservation in Common Interest Communities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

It worked so well that …

03. In 2019, Colorado passed House Bill HB19-1050 “Concerning the Promotion of Water-Efficient Landscaping on Property Subject to Management by Local Supervisory Entities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

It worked so well that …

04. In 2021, Colorado passed House Bill HB21-1229 “Home Owners’ Associations Governance Funding Record Keeping”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

It worked so well that …

05. In 2023, Colorado passed Senate Bill SB23-178, “Water-wise Landscaping In Homeowners' Association Communities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

This is pattern of failure that has been repeating in Colorado -- and other states -- for decades. It is obvious that the legislature (and governor) is not serious about H.O.A. reform.

The current paradigm of H.O.A. law

The authority and power of an H.O.A. corporation is broad; its Directors & Officers are allowed to do anything that is not explicitly prohibited, while

The rights of individual homeowners are narrow and constrained; they are only allowed to that which is explicitly permitted.

needs to be reversed.

Unfortunately, there is no interest nor political will among our lawmakers to do so.

One way to reverse the paradigm would be to neuter the authority and power of H.O.A. corporations (and Metro Districts), limiting them to that which is only necessary to manage and maintain their common property; and make it illegal for an H.O.A. corporation to make and enforce rules on a homeowners own private property.

If you would like to know more, check out Irony Curtain at Substack.