Xeriscaping in Common Elements

New Colorado Law Recommends Drought Resistant Plants

On March 7, 2019 Colorado Governor Jared Polis signed into law an amendment to Colorado Revised Statute 38-33.3-106.5. The amendment concerns the promotion of water-efficient landscaping on Association property. While it was already official CCIOA policy to encourage the use of Xeriscaping on land owned outright by a homeowner, this recent amendment to the statute permits a homeowner to Xeriscape on a portion of the common elements under the homeowner’s care.

Xeriscaping is the process of landscaping or gardening in a way that reduces, or entirely eliminates, the need of supplemental water from irrigation. The State of Colorado encourages Xeriscaping because it is a measure to conserve water in the event of draught or general water shortages.

Must my Association always use Xeriscaping now?

No. This newly amended law does not require Xeriscaping. However, when a homeowner requests to install Xeriscaping on common elements subject to the homeowner’s care, the association is still permitted to deny the homeowner’s request, but it must be for a reason other than the use of Xeriscaping on common elements. For example, a homeowner’s request to Xeriscaping could be denied because the chosen Xeriscaping does not fit within the association’s design guidelines. The Association is still permitted adopt guidelines regarding Xeriscaping standards, including the type, number and placement of Xeriscaping on the common element.  

Please note that this newly amended statute only recommends and encourages the use of Xeriscaping. The State of Colorado wants to encourage as much Xeriscaping as possible but does not want to mandate the use of Xeriscaping.

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