HOA Landscaping Rules Colorado Homeowners Don't Have to Follow

An HOA letter can feel final. It cites a line in your covenants and it seems like the only option is to replant the lawn. But Colorado passed one of the strongest water-wise landscaping laws in the country in 2023, and most homeowners have never heard of it. State law overrides certain covenant provisions, regardless of when your association's documents were recorded.

This page covers the specific landscaping rules that Colorado law limits or prohibits. It is not an invitation to fight your HOA. Most of these situations resolve without conflict once homeowners understand what the statute actually says.

The law that matters most

SB 23-178 also requires each association to select at least three pre-approved water-wise garden designs that are deemed compliant with its aesthetic guidelines. If your HOA has not done that, it is out of step with the statute, which strengthens your position when you submit a plan.

Specific rules with legal limits

Banning xeriscape or drought-tolerant landscaping

A covenant that prohibits xeriscape or drought-tolerant landscapes is unenforceable under §38-33.3-106.5. This is the clearest case in the law. For the related question, see our post on whether a Colorado HOA can require a grass lawn.

Requiring more than 20% hardscape

Some HOAs try to limit water-wise yards by forcing large areas of rock or paving. The statute bars unreasonably requiring hardscape on more than 20% of the landscaping, so a rule pushing a mostly-gravel yard runs against the law.

Blocking an 80% drought-tolerant design

The law requires that owners be allowed to install at least 80% drought-tolerant plantings. An HOA cannot cap your drought-tolerant coverage below that floor or require a majority-turf design.

Banning vegetable gardens

SB 23-178 specifically prohibits an association from banning vegetable gardens in an owner's yard. A covenant that forbids food gardening conflicts with the statute.

Covenants recorded before 2023

Section 38-33.3-106.5 applies regardless of when your covenants were recorded. If your documents predate the law and prohibit water-wise landscaping, that provision is unenforceable. State law overrides the older document.

What your HOA can still require

The statute protects water-wise landscaping. It does not remove HOA oversight. Your HOA can still enforce:

• General maintenance standards (no dead plants, no overgrown or weedy areas)
• Reasonable aesthetic guidelines, including the pre-approved water-wise designs it must offer
• Pre-approval for landscaping changes through architectural review
• Edging, borders, and clean separation between beds and hardscape
• Plant height limits near sidewalks, streets, or sight lines
• Setback requirements from property lines

The distinction matters. Your HOA can require your yard to look maintained and intentional. It cannot require that it look like a conventional irrigated lawn.

On top of that, Denver Water, Aurora Water, Colorado Springs Utilities, and other providers pay for turf replacement. See current Colorado rebate programs by city before you start planning. For the deeper strategy, see our breakdown of the specific levers SB 23-178 gives Colorado homeowners.

How to respond when cited for an unenforceable rule

Most situations like this resolve before they become a real dispute. Four steps, in order:

1. 1Ask for the rule in writing.Request the specific covenant section your HOA is citing. Vague verbal warnings are not violations. With the exact provision in hand, you can check whether it conflicts with §38-33.3-106.5.
2. 2Cite SB 23-178 politely and in writing.A short written response noting that your landscaping is water-wise and protected under C.R.S. §38-33.3-106.5 puts your position on record. Many boards are unaware of the law and back down once it is cited directly.
3. 3Ask for the pre-approved designs, then submit a plan.The statute requires your HOA to offer at least three pre-approved water-wise designs. Ask for them, then submit a detailed plan. A plant list, simple layout, and maintenance schedule gives the committee something to approve. See our HOA landscape plan template.
4. 4Make the yard look maintained.HOAs have more room to push back when a yard looks neglected, regardless of what plants are in it. Clean edges, mulched beds, and upright plants reduce the visual ammunition for complaints. Our guide on responding to HOA violation letters covers the full approach.

When to involve a lawyer

Most of these situations do not require legal help. Consider talking to an attorney if:

• Your HOA is fining you after you have cited §38-33.3-106.5 in writing
• They are threatening a lien on your property
• You submitted a plan, addressed visual concerns, and they are still rejecting it without citing a specific enforceable provision

A Colorado real estate attorney who handles HOA disputes can usually resolve this with one letter. It is worth one consultation before assuming you have to comply.

People also ask

What HOA landscaping rules are unenforceable in Colorado?

Under C.R.S. §38-33.3-106.5 (SB 23-178), HOAs cannot prohibit xeriscape or drought-tolerant landscaping, unreasonably require more than 20% hardscape, cap drought-tolerant plantings below 80%, or ban vegetable gardens.

What is Colorado SB 23-178?

SB 23-178, signed in May 2023, amended the Colorado Common Interest Ownership Act (C.R.S. §38-33.3-106.5) to bar HOAs from prohibiting water-wise landscaping and to require associations to offer at least three pre-approved water-wise garden designs.

Does my Colorado HOA have to offer pre-approved xeriscape designs?

Yes. SB 23-178 requires each association to select at least three pre-approved water-wise garden designs that are deemed compliant with its aesthetic guidelines. If your HOA has not done this, it is out of step with the statute.

Can a Colorado HOA ban my vegetable garden?

No. SB 23-178 specifically prohibits an association from banning vegetable gardens in an owner's yard. A covenant that forbids food gardening conflicts with C.R.S. §38-33.3-106.5.

Does the law apply to covenants written before 2023?

Yes. Section 38-33.3-106.5 applies regardless of when your covenants were recorded. A pre-2023 provision that prohibits water-wise landscaping is unenforceable, because state law overrides the older document.