Colorado SB 23-178: The Four HOA Levers Most Homeowners Don't Know About

If you live in a Colorado HOA and you have been told "we allow some xeriscape but you still need to submit a design," that is not the whole story. Senate Bill 23-178, codified at C.R.S. §38-33.3-106.5, puts specific obligations on the HOA, not just protections for you.

The general protection against turf mandates is the headline. The four levers below are what you actually use when a board pushes back.

Lever 1: Your HOA must publish at least three preapproved designs

SB 23-178 requires HOAs in single-family communities to develop at least three preapproved water-wise garden designs for front yards. This is not aspirational. It is an obligation on the board.

Why it matters in practice: if your board does not have three preapproved designs available, every homeowner conversion gets routed through a one-off architectural review. That slows things down, creates inconsistent decisions, and lets boards reject designs on vague aesthetic grounds. Once preapproved designs exist, you have a baseline you can build from or copy.

How to use it: ask in writing for the three preapproved designs. If your board does not have them, that is a compliance gap. You can request that the board develop them before they review any individual application, including yours. Most boards will at least adopt one of Colorado State University Extension's sample plans rather than build their own, which is fine.

Lever 2: An 80% drought-tolerant design option must be allowed

The statute says your HOA must allow at least one design option in which 80% or more of the landscape area is drought-tolerant plantings. The remaining 20% can be turf, hardscape, or a mix.

This closes a common workaround. Before SB 23-178, some HOAs would say "we allow xeriscape" while simultaneously requiring 40% or 50% turf in the front yard. That combination effectively forced a thirsty lawn through a back door. The 80% floor for drought-tolerant plantings ends that pattern.

Practical version: when you submit a plan, label it explicitly. "This plan is the 80% drought-tolerant design option contemplated by C.R.S. §38-33.3-106.5." That single line in your submission reframes the conversation from "is this allowed" to "this is the option you must allow."

Lever 3: Hardscape cannot be required on more than 20%

The other side of the 80/20 rule: your HOA cannot require hardscape (gravel, decking, concrete, pavers) on more than 20% of a landscape area. Some boards push gravel-heavy designs because they read as tidy. The statute caps that.

This is the lever you reach for if a board says "fine, replace your lawn, but you have to put down rock or pavers across most of it." That instruction is not enforceable. You can replace turf with living drought-tolerant plantings as long as you stay in the 80% drought-tolerant range.

For a planting list that satisfies the drought-tolerant standard while still reading as intentional, the Colorado rebate programsall maintain qualifying plant lists. The same plants that win you a Denver Water or Aurora GRIP rebate also satisfy the statute's drought-tolerant test.

Lever 4: Up to $500 in damages for violations

If your HOA violates the statute, you can sue for up to $500 or actual damages, whichever is greater. This is a small amount on its face. The point is not the dollar figure. It is that the legislature attached a private right of action.

Why this matters: HOAs respond to liability. A board that knows a single homeowner can take them to small-claims court for $500 plus actual damages usually responds to a written demand letter, especially when the letter cites the specific statute. Most disputes resolve at the demand-letter stage. A Colorado real estate attorney can draft one for a modest fee.

When the $500 floor matters most: if your HOA has already fined you for installing drought-tolerant landscaping, those fines themselves are likely "actual damages" you can recover. Document everything in writing.

What 2026 changed: SB 24-005 and the policy direction

Colorado SB 24-005 took effect January 1, 2026. It bans nonfunctional turf, artificial turf, and invasive species on new and redeveloped nonresidential properties (per the Sustainable Breck explainer).

SB 24-005 does not bind single-family homeowners. It does shift the landscape supply chain (nurseries, sod farms, irrigation contractors) toward water-wise defaults, and it sends a clear signal that the legislature is moving in one direction. If your HOA board is still pushing turf as the default in 2026, they are running against state policy on both the residential side (SB 23-178) and the commercial side (SB 24-005).

How to put all four levers into one submission

If you are about to send a landscaping plan to your HOA, here is the structure that uses every lever in SB 23-178:

1. Open with the statute. "This proposal is submitted under C.R.S. §38-33.3-106.5 as the 80% drought-tolerant design option contemplated by that section."
2. Reference the board's preapproved designs if any exist. If they do not, request that the board confirm in writing whether the three preapproved designs required by statute have been developed.
3. Show the math. List the total landscape area in square feet, the area allocated to drought-tolerant plantings, and the area allocated to hardscape or turf. Confirm in writing that the design is at least 80% drought-tolerant and that hardscape is 20% or less.
4. Attach the plant list and label which plants are drought-tolerant per Colorado State University Extension or Plant Select. This is what makes the 80% claim verifiable.
5. Note maintenance. Boards reject xeriscape on appearance grounds more often than on species grounds. A one-sentence note on edging, mulch refresh, and seasonal cleanup neutralizes that objection.
6. Close with the remedy. "If this proposal is denied, please specify which provision of the CC&Rs or the statute supports the denial." That sentence puts the burden of citation on the board, not on you.

People also ask

What if my HOA does not have the three preapproved designs SB 23-178 requires?

That is a compliance gap on the board, not on you. Ask in writing for the three designs. If the board does not produce them, the statute does not require you to wait. You can still submit your own plan and reference C.R.S. §38-33.3-106.5. A board that has not done the work the statute requires is in a weaker position to reject yours.

Does the 80% drought-tolerant rule mean I cannot have any turf?

No. The statute requires that an 80% drought-tolerant design option be available. You can absolutely have a 60% drought-tolerant design or a traditional lawn if you prefer. The point is that the 80% option must be allowed when you ask for it. It is a floor on what the HOA must permit, not a ceiling on what you can install.

Can I stack SB 23-178 protections with a Colorado rebate?

Yes, and you should. The plant lists that qualify for Denver Water, Aurora Water GRIP, Fort Collins XIP, and other Colorado rebate programsalmost always satisfy the statute's drought-tolerant requirement at the same time. A successful rebate application also doubles as documentation for an HOA architectural review.

Is the $500 damages cap really enough to matter?

It is more than the headline number suggests. The cap is "up to $500 or actual damages, whichever is greater." If your HOA has fined you, those fines are typically recoverable as actual damages. The real value of the private right of action is the leverage it creates at the demand-letter stage, before anyone files a small-claims case.