Colorado HOA Xeriscape Law: HB 23-1152 Explained
Colorado Revised Statutes §38-33.3-106.5 — HB 23-1152 (2023) (effective 2023)
Colorado House Bill 23-1152 (2023) prohibits HOAs from preventing homeowners from installing xeriscape or drought-tolerant landscaping. HOAs cannot require the installation or maintenance of traditional turf grass as a condition of HOA compliance. The law reflects Colorado's water conservation priorities on the Front Range and Western Slope. HOAs may still set reasonable aesthetic standards that do not amount to a turf requirement.
What Your HOA Cannot Do Under Colorado Law
- ✓Prevent a homeowner from removing turf and installing xeriscape or drought-tolerant landscaping
- ✓Require a homeowner to plant or maintain traditional grass lawn
- ✓Enforce CC&Rs that prohibit drought-tolerant landscaping or xeriscape
What Your HOA May Still Regulate
- –Set reasonable appearance and maintenance standards for xeriscape
- –Require that replacement landscaping be maintained and kept tidy
- –Review landscaping designs through an architectural review process
- –Set plant selection standards that are not equivalent to a turf requirement
The law limits what HOAs can prohibit, not what they can regulate. Keeping your landscaping maintained and intentional-looking is the most effective way to avoid friction under any HOA regime.
Official source: Colorado Revised Statutes §38-33.3-106.5 text. This page is educational context, not legal advice. For enforcement questions, consult a Colorado HOA attorney.
Frequently Asked Questions
When did Colorado's HOA xeriscape law take effect?
HB 23-1152 was signed into law in 2023 and applies to HOA governing documents and enforcement actions from that point forward. Existing CC&Rs that conflict with the law are superseded by the state statute.
Does the Colorado law apply to both front and back yards?
The Colorado law applies to the installation of xeriscape and drought-tolerant landscaping generally. An HOA cannot prohibit it in areas visible from the street or in any area where it otherwise sets landscaping rules. Check with a Colorado attorney if your HOA is applying the rule inconsistently across front and back yard areas.
Can a Colorado HOA still require us to water new plants?
An HOA can set reasonable maintenance standards, including requirements to keep plants alive and maintained during establishment. What an HOA cannot do is use a watering requirement as a pretext for requiring traditional high-water turf.