Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0169.03 Jennifer Berman x3286
HOUSE BILL 24-1267
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING REQUIRING A METROP OLITAN DISTRICT ENGAGING IN101
COVENANT ENFORCEMENT ACTIVITIES TO COMPLY WITH102
CERTAIN POLICIES RELATED TO COVENANT ENFORCEMENT .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
A metropolitan district is a type of special district that provides at
least 2 types of services and may perform covenant enforcement similar
to the role of a homeowners' association. The bill requires a metropolitan
district engaging in covenant enforcement and design review services to
comply with certain procedural requirements, including:
HOUSE SPONSORSHIP
Jodeh and Bacon,
SENATE SPONSORSHIP
Coleman and Hansen,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Adopting a written policy governing the imposition and
collection of fines;
! Adopting a written policy governing how disputes between
the metropolitan district and a resident are addressed; and
! Refraining from prohibiting residents from engaging in
certain activities regarding the use of their property,
including displaying flags and signs, parking a motor
vehicle in a driveway, removing certain vegetation to create
a defensible space for fire mitigation purposes, performing
reasonable property modifications to accommodate
disabilities, using a rain barrel, operating a family child
care home, using renewable energy generation devices, and
installing or using an energy efficiency measure.
Additionally, a metropolitan district is prohibited from
requiring residents to use cedar shakes or other flammable
roofing materials.
The bill prohibits a metropolitan district from foreclosing on any
lien based on a resident's delinquent fees or other charges owed to the
metropolitan district. The bill also imposes certain procedural
requirements regarding court actions filed by or against a metropolitan
district based on an alleged violation of the metropolitan district's
declaration, rules and regulations, or other instrument.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 32-1-1001, amend2
(1)(j)(I); and add (1)(j)(I.5) as follows:3
32-1-1001. Common powers - definitions. (1) For and on behalf4
of the special district the board has the following powers:5
(j) (I) To fix and from time to time to increase or decrease fees,6
rates, tolls, penalties, or charges for services, programs, or facilities7
furnished by the special district; except that fire protection districts may8
only fix fees and charges as provided in section 32-1-1002 (1)(e). The9
board may pledge such revenue for the payment of any indebtedness of10
the special district. Until paid, all such
fees, rates, tolls, penalties, or11
charges shall constitute a perpetual lien on and against the property12
served, and,
EXCEPT AS PROVIDED IN SUBSECTION (1)(j)(I.5) OF THIS13
HB24-1267-2- SECTION, any such lien may be foreclosed in the same manner as provided1
by the laws of this state for the foreclosure of mechanics' liens.2
(I.5) T
HE BOARD OF A METROPOLITAN DISTRICT FURNISHING3
COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES PURSUANT TO4
SECTIONS 32-1-1004 (8) AND 32-1-1004.5 SHALL NOT FORECLOSE ANY5
LIEN DESCRIBED IN SECTION 32-1-1004.5 (3)(b)(I).6
SECTION 2. In Colorado Revised Statutes, 32-1-1004, add7
(8)(d) as follows:8
32-1-1004. Metropolitan districts - additional powers and9
duties. (8) (d) I
N FURNISHING COVENANT ENFORCEMENT AND DESIGN10
REVIEW SERVICES PURSUANT TO THIS SUBSECTION (8), THE BOARD OF A11
METROPOLITAN DISTRICT SHALL COMPLY WITH THE PROCEDURAL12
REQUIREMENTS SET FORTH IN SECTION 32-1-1004.5.13
SECTION 3. In Colorado Revised Statutes, add 32-1-1004.5 as14
follows:15
32-1-1004.5. Metropolitan districts' covenant enforcement and16
design review services - requirements - prohibitions as against public17
policy - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT18
OTHERWISE REQUIRES:19
(a) "B
OARD" MEANS THE BOARD OF A METROPOLITAN DISTRICT .20
(b) "C
OVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES "21
MEANS THE COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES22
THAT A METROPOLITAN DISTRICT MAY PROVIDE IN RELATION TO23
RESIDENTIAL PROPERTY PURSUANT TO SECTION 32-1-1004 (8).24
(c) "E
NERGY EFFICIENCY MEASURE " MEANS A DEVICE OR25
STRUCTURE THAT REDUCES THE AMOUNT OF ENERGY DERIVED FROM26
FOSSIL FUELS THAT IS CONSUMED BY A UNIT . "ENERGY EFFICIENCY27
HB24-1267
-3- MEASURE" INCLUDES ONLY THE FOLLOWING TYPES OF DEVICES OR1
STRUCTURES:2
(I) A
N AWNING, SHUTTER, TRELLIS, RAMADA, OR OTHER SHADE3
STRUCTURE THAT IS MARKETED FOR THE PURPOSE OF REDUCING ENERGY4
CONSUMPTION;5
(II) A
GARAGE OR ATTIC FAN AND ANY ASSOCIATED VENTS OR6
LOUVERS;7
(III) A
N EVAPORATIVE COOLER;8
(IV) A
N ENERGY-EFFICIENT OUTDOOR LIGHTING DEVICE ,9
INCLUDING WITHOUT LIMITATION A LIGHT FIXTURE CONTAINING A COILED10
OR STRAIGHT FLUORESCENT LIGHT BULB , AND ANY SOLAR RECHARGING11
PANEL, MOTION DETECTOR, OR OTHER EQUIPMENT CONNECTED TO THE12
LIGHTING DEVICE;13
(V) A
RETRACTABLE CLOTHESLINE; AND14
(VI) A
HEAT PUMP SYSTEM, AS DEFINED IN SECTION 39-26-73215
(2)(c).16
(d) (I) "I
MPARTIAL DECISION-MAKER" MEANS A PERSON OR A17
GROUP OF PERSONS:18
(A) W
ITH THE AUTHORITY TO MAKE A DECISION REGARDING THE19
ENFORCEMENT OF AN INSTRUMENT THAT A METROPOLITAN DISTRICT20
ENFORCES PURSUANT TO THIS SECTION OR SECTION 32-1-1004 (8),21
INCLUDING THE ENFORCEMENT OF ANY ARCHITECTURAL REQUIREMENTS ;22
AND23
(B) T
HAT DOES NOT HAVE ANY DIRECT PERSONAL OR FINANCIAL24
INTEREST IN THE OUTCOME OF THE MATTER BEING DECIDED .25
(II) A
S USED IN THIS SUBSECTION (1)(d), "PERSONAL OR FINANCIAL26
INTEREST" MEANS THAT THE IMPARTIAL DECISION-MAKER, AS A RESULT OF27
HB24-1267
-4- THE OUTCOME OF THE MATTER BEING DECIDED , WOULD RECEIVE A1
GREATER BENEFIT OR DETRIMENT THAN THAT OF OTHER UNIT OWNERS2
SUBJECT TO THE SAME INSTRUMENT .3
(e) "I
NSTRUMENT" MEANS THE DECLARATION , RULES AND4
REGULATIONS, OR ANY OTHER INSTRUMENT THAT A METROPOLITAN5
DISTRICT ENFORCES PURSUANT TO THIS SECTION AND SECTION 32-1-10046
(8).7
(f) "L
OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE8
COUNTY, MUNICIPALITY, OR CITY AND COUNTY.9
(g) "U
NIT" MEANS A PHYSICAL PORTION OF A RESIDENTIAL10
PROPERTY THAT IS DESIGNATED FOR SEPARATE OWNERSHIP OR11
OCCUPANCY AND IS SUBJECT TO AN INSTRUMENT .12
(h) "U
NIT OWNER" MEANS A PERSON WHO OWNS A UNIT .13
(2) (a) O
N OR BEFORE JANUARY 1, 2025, A METROPOLITAN14
DISTRICT SHALL ADOPT A WRITTEN POLICY GOVERNING THE IMPOSITION OF15
FINES. IN FURNISHING COVENANT ENFORCEMENT AND DESIGN REVIEW16
SERVICES, A BOARD SHALL NOT IMPOSE A FINE ON A UNIT OWNER FOR AN17
ALLEGED VIOLATION OF AN INSTRUMENT UNLESS THE FINE IS IMPOSED IN18
ACCORDANCE WITH THE WRITTEN POLICY . THE WRITTEN POLICY:19
(I) M
UST INCLUDE A FAIR AND IMPARTIAL FACT-FINDING PROCESS20
CONCERNING WHETHER AN ALLEGED VIOLATION ACTUALLY OCCURRED21
AND, IF SO, WHETHER A UNIT OWNER IS RESPONSIBLE FOR THE VIOLATION ;22
AND23
(II) M
UST REQUIRE PROVIDING NOTICE TO THE UNIT OWNER24
REGARDING THE NATURE OF THE ALLEGED VIOLATION , THE ACTION OR25
ACTIONS REQUIRED TO CURE THE ALLEGED VIOLATION , AND THE TIMELINE26
FOR THE FAIR AND IMPARTIAL FACT-FINDING PROCESS REQUIRED UNDER27
HB24-1267
-5- SUBSECTION (2)(a)(I) OF THIS SECTION.1
(b) T
HE FAIR AND IMPARTIAL FACT-FINDING PROCESS MAY BE2
INFORMAL BUT, AT A MINIMUM, MUST PROVIDE A UNIT OWNER NOTICE AND3
AN OPPORTUNITY TO BE HEARD BEFORE AN IMPARTIAL DECISION -MAKER.4
(c) T
HE WRITTEN POLICY MUST SPECIFY THE SCHEDULE OF FINES5
THAT MAY BE IMPOSED FOR ALLEGED VIOLATIONS THAT ARE CONTINUOUS6
OR REPETITIVE IN NATURE , INCLUDING A DESCRIPTION OF WHAT7
CONSTITUTES A CONTINUOUS VIOLATION AND WHAT CONSTITUTES A8
REPETITIVE VIOLATION.9
(3) (a) I
N FURNISHING COVENANT ENFORCEMENT AND DESIGN10
REVIEW SERVICES FOR UNITS, A BOARD MAY FIX, AND FROM TIME TO TIME11
INCREASE OR DECREASE , FEES, RATES, TOLLS, FINES, PENALTIES, OR12
CHARGES FOR COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES13
FURNISHED PURSUANT TO THIS SECTION AND SECTION 32-1-1004 (8).14
(b) (I) U
NTIL PAID, ANY FEE, RATE, TOLL, FINE, PENALTY, OR15
CHARGE DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION CONSTITUTES16
A PERPETUAL LIEN ON AND AGAINST THE UNIT FOR WHICH COVENANT17
ENFORCEMENT AND DESIGN REVIEW SERVICES WERE PROVIDED .18
(II) T
HE BOARD OF A METROPOLITAN DISTRICT FURNISHING19
COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES PURSUANT TO20
THIS SECTION AND SECTION 32-1-1004 (8) SHALL NOT FORECLOSE ON ANY21
LIEN DESCRIBED IN THIS SUBSECTION (3)(b) THAT ARISES FROM AMOUNTS22
THAT A UNIT OWNER OWES THE METROPOLITAN DISTRICT AS A RESULT OF23
A COVENANT VIOLATION OR ENFORCEMENT OF A FAILURE TO COMPLY WITH24
ANY INSTRUMENT.25
(III) I
N ADDITION TO ANY OTHER MEANS PROVIDED BY LAW , A26
BOARD, BY RESOLUTION AND AT A PUBLIC MEETING HELD AFTER NOTICE27
HB24-1267
-6- HAS BEEN PROVIDED TO AN AFFECTED UNIT OWNER , MAY ELECT TO HAVE1
CERTAIN DELINQUENT FEES, RATES, TOLLS, FINES, PENALTIES, CHARGES,2
OR ASSESSMENTS MADE OR LEVIED FOR COVENANT ENFORCEMENT AND3
DESIGN REVIEW SERVICES CERTIFIED TO THE TREASURER OF THE COUNTY4
IN WHICH THE METROPOLITAN DISTRICT IS LOCATED , AND FOR THE5
DELINQUENT FEES, RATES, TOLLS, FINES, PENALTIES, CHARGES, OR6
ASSESSMENTS TO BE COLLECTED AND PAID OVER BY THE TREASURER OF7
THE COUNTY IN THE SAME MANNER AS TAXES ARE AUTHORIZED TO BE8
COLLECTED AND PAID OVER PURSUANT TO SECTION 39-10-107.9
(4) (a) F
OR ANY UNIT OWNER'S FAILURE TO COMPLY WITH AN10
INSTRUMENT, A METROPOLITAN DISTRICT , WITHOUT NEEDING TO11
COMMENCE A LEGAL PROCEEDING , MAY SEEK REIMBURSEMENT FOR12
COLLECTION COSTS AND REASONABLE ATTORNEY FEES AND COSTS13
INCURRED AS A RESULT OF THE FAILURE TO COMPLY .14
(b) E
XCEPT AS PROVIDED IN SUBSECTION (4)(c) OF THIS SECTION,15
IN A CIVIL ACTION TO ENFORCE OR DEFEND AN INSTRUMENT , THE COURT16
SHALL AWARD REASONABLE ATTORNEY FEES , COSTS, AND, IF RELEVANT,17
COSTS OF COLLECTION TO THE PREVAILING PARTY .18
(c) I
N CONNECTION WITH A CIVIL ACTION CLAIM IN WHICH A UNIT19
OWNER IS ALLEGED TO HAVE VIOLATED AN INSTRUMENT BUT PREVAILS ON20
THE MATTER BECAUSE THE COURT FINDS THAT THE UNIT OWNER DID NOT21
COMMIT THE ALLEGED VIOLATION :22
(I) T
HE COURT SHALL AWARD THE UNIT OWNER REASONABLE23
ATTORNEY FEES AND COSTS INCURRED IN DEFENDING THE CLAIM ;24
(II) T
HE COURT SHALL NOT AWARD COSTS OR ATTORNEY FEES TO25
THE METROPOLITAN DISTRICT; AND26
(III) T
HE METROPOLITAN DISTRICT SHALL NOT ALLOCATE TO THE27
HB24-1267
-7- UNIT OWNER'S ACCOUNT WITH THE METROPOLITAN DISTRICT ANY OF THE1
METROPOLITAN DISTRICT'S COSTS OR ATTORNEY FEES INCURRED IN2
ASSERTING OR DEFENDING THE CLAIM FROM REVENUE THAT THE3
METROPOLITAN DISTRICT COLLECTS OTHER THAN AD VALOREM PROPERTY4
TAXES IMPOSED ON ALL TAXPAYERS IN THE METROPOLITAN DISTRICT .5
(d) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , AN ACTION6
SHALL NOT BE COMMENCED OR MAINTAINED TO ENFORCE THE TERMS OF7
ANY BUILDING RESTRICTION CONTAINED IN AN INSTRUMENT OR TO COMPEL8
THE REMOVAL OF ANY BUILDING OR IMPROVEMENT BECAUSE OF A9
VIOLATION OF THE TERMS OF ANY SUCH BUILDING RESTRICTION UNLESS10
THE ACTION IS COMMENCED WITHIN ONE YEAR AFTER THE DATE THAT THE11
METROPOLITAN DISTRICT COMMENCING THE ACTION FIRST KNEW OR , IN12
THE EXERCISE OF REASONABLE DILIGENCE , SHOULD HAVE KNOWN OF THE13
VIOLATION FORMING THE BASIS OF THE ACTION .14
(5) (a) (I) O
N OR BEFORE JANUARY 1, 2025, A METROPOLITAN15
DISTRICT FURNISHING COVENANT ENFORCEMENT AND DESIGN REVIEW16
SERVICES UNDER THIS SECTION AND SECTION 32-1-1004 (8) SHALL ADOPT17
A WRITTEN POLICY SETTING FORTH THE METROPOLITAN DISTRICT 'S18
PROCEDURE FOR ADDRESSING DISPUTES ARISING BETWEEN THE19
METROPOLITAN DISTRICT AND ONE OR MORE UNIT OWNERS RELATED TO20
THE ENFORCEMENT OF AN INSTRUMENT .21
(II) (A) E
XCEPT AS PROVIDED IN SUBSECTION (5)(a)(II)(B) OF THIS22
SECTION, A METROPOLITAN DISTRICT SHALL MAKE A COPY OF THE WRITTEN23
POLICY ADOPTED PURSUANT TO SUBSECTION (5)(a)(I) OF THIS SECTION24
AVAILABLE TO UNIT OWNERS ON THE METROPOLITAN DISTRICT 'S WEBSITE25
THAT THE METROPOLITAN DISTRICT IS REQUIRED TO MAINTAIN PURSUANT26
TO SECTION 32-1-104.5 (3).27
HB24-1267
-8- (B) IF THE METROPOLITAN DISTRICT IS NOT REQUIRED TO1
MAINTAIN A WEBSITE PURSUANT TO SECTION 32-1-104.5 (3), THE2
METROPOLITAN DISTRICT SHALL MAKE THE WRITTEN POLICY AVAILABLE3
TO UNIT OWNERS UPON REQUEST .4
(b) (I) A
NY CONTROVERSY BETWEEN A METROPOLITAN DISTRICT5
AND A UNIT OWNER THAT ARISES OUT OF THE ENFORCEMENT OF AN6
INSTRUMENT MAY BE SUBMITTED TO MEDIATION BY AGREEMENT OF THE7
PARTIES PRIOR TO THE COMMENCEMENT OF ANY LEGAL PROCEEDING .8
E
ITHER PARTY TO THE MEDIATION MAY TERMINATE THE MEDIATION9
PROCESS WITHOUT PREJUDICE.10
(II) I
F A MEDIATION AGREEMENT IS REACHED PURSUANT TO11
SUBSECTION (5)(b)(I) OF THIS SECTION, THE MEDIATION AGREEMENT MAY12
BE PRESENTED TO A COURT AS A STIPULATION . THE STIPULATION MUST13
NOT INCLUDE A REQUIREMENT THAT THE UNIT OWNER PAY ADDITIONAL14
INTEREST OR UNREASONABLE ATTORNEY FEES . IF EITHER PARTY15
SUBSEQUENTLY VIOLATES THE STIPULATION , THE OTHER PARTY MAY16
APPLY IMMEDIATELY TO THE COURT FOR RELIEF . IF THE PARTIES EXECUTE17
A STIPULATION THAT THE COURT DEEMS UNFAIR OR THAT DOES NOT18
COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION (5)(b), THE19
STIPULATION IS INVALID AND THE COURT MAY AWARD THE UNIT OWNER20
REASONABLE ATTORNEY FEES AND COSTS .21
(6) N
OTWITHSTANDING ANY PROVISION IN AN INSTRUMENT TO THE22
CONTRARY, A METROPOLITAN DISTRICT SHALL NOT PROHIBIT ANY OF THE23
FOLLOWING IN RELATION TO ANY UNIT SUBJECT TO THE INSTRUMENT :24
(a) T
HE DISPLAY OF A FLAG ON A UNIT, IN A WINDOW OF THE UNIT,25
OR ON A BALCONY ADJOINING THE UNIT . THE METROPOLITAN DISTRICT26
SHALL NOT PROHIBIT OR REGULATE THE DISPLAY OF FLAGS ON THE BASIS27
HB24-1267
-9- OF THEIR SUBJECT MATTER, MESSAGE, OR CONTENT; EXCEPT THAT THE1
METROPOLITAN DISTRICT MAY PROHIBIT FLAGS BEARING COMMERCIAL2
MESSAGES. THE METROPOLITAN DISTRICT MAY ADOPT REASONABLE ,3
CONTENT-NEUTRAL RULES TO REGULATE THE NUMBER , LOCATION, AND4
SIZE OF FLAGS AND FLAGPOLES BUT SHALL NOT PROHIBIT THE5
INSTALLATION OF A FLAG OR FLAGPOLE .6
(b) T
HE DISPLAY OF A SIGN BY THE OWNER OR OCCUPANT OF A7
UNIT ON PROPERTY WITHIN THE BOUNDARIES OF THE UNIT OR IN A WINDOW8
OF THE UNIT. THE METROPOLITAN DISTRICT SHALL NOT PROHIBIT OR9
REGULATE THE DISPLAY OF WINDOW SIGNS OR YARD SIGNS ON THE BASIS10
OF THEIR SUBJECT MATTER, MESSAGE, OR CONTENT; EXCEPT THAT THE11
METROPOLITAN DISTRICT MAY PROHIBIT SIGNS BEARING COMMERCIAL12
MESSAGES. THE METROPOLITAN DISTRICT MAY ESTABLISH REASONABLE ,13
CONTENT-NEUTRAL RULES TO REGULATE SIGNS BASED ON THE NUMBER ,14
PLACEMENT, OR SIZE OF THE SIGNS OR ON OTHER OBJECTIVE FACTORS .15
(c) T
HE PARKING OF A MOTOR VEHICLE BY THE OCCUPANT OF A16
UNIT ON THE DRIVEWAY OF THE UNIT IF THE VEHICLE IS REQUIRED TO BE17
AVAILABLE AT DESIGNATED PERIODS AT THE OCCUPANT 'S RESIDENCE AS18
A CONDITION OF THE OCCUPANT 'S EMPLOYMENT AND ALL OF THE19
FOLLOWING CRITERIA ARE MET:20
(I) T
HE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF TEN21
THOUSAND POUNDS OR LESS;22
(II) T
HE OCCUPANT IS A BONA FIDE MEMBER OF A VOLUNTEER FIRE23
DEPARTMENT OR IS EMPLOYED BY A PRIMARY PROVIDER OF EMERGENCY24
FIREFIGHTING, LAW ENFORCEMENT , AMBULANCE, OR EMERGENCY25
MEDICAL SERVICES;26
(III) T
HE VEHICLE BEARS AN OFFICIAL EMBLEM OR OTHER VISIBLE27
HB24-1267
-10- DESIGNATION OF THE EMERGENCY SERVICE PROVIDER ; AND1
(IV) P
ARKING OF THE VEHICLE CAN BE ACCOMPLISHED WITHOUT2
OBSTRUCTING EMERGENCY ACCESS TO OR INTERFERING WITH THE3
REASONABLE NEEDS OF OTHER UNIT OWNERS OR OCCUPANTS TO USE4
STREETS, DRIVEWAYS, AND GUEST PARKING SPACES;5
(d) T
HE REMOVAL BY A UNIT OWNER OF TREES, SHRUBS, OR OTHER6
VEGETATION TO CREATE DEFENSIBLE SPACE ON A UNIT FOR FIRE7
MITIGATION PURPOSES, SO LONG AS THE REMOVAL COMPLIES WITH A8
WRITTEN DEFENSIBLE SPACE PLAN CREATED FOR THE PROPERTY BY THE9
C
OLORADO STATE FOREST SERVICE , AN INDIVIDUAL OR COMPANY10
CERTIFIED BY AN ENTITY OF A LOCAL GOVERNMENT TO CREATE SUCH A11
PLAN, OR THE FIRE CHIEF, FIRE MARSHAL, OR FIRE PROTECTION DISTRICT12
WITHIN WHOSE JURISDICTION THE UNIT IS LOCATED AND IS NO MORE13
EXTENSIVE THAN NECESSARY TO COMPLY WITH THE PLAN . THE PLAN14
SHALL BE REGISTERED WITH THE METROPOLITAN DISTRICT AT LEAST15
THIRTY DAYS BEFORE THE COMMENCEMENT OF WORK . THE METROPOLITAN16
DISTRICT MAY REQUIRE CHANGES TO THE PLAN IF THE METROPOLITAN17
DISTRICT OBTAINS THE CONSENT OF THE INDIVIDUAL , OFFICIAL, OR18
AGENCY THAT ORIGINALLY CREATED THE PLAN . THE WORK MUST COMPLY19
WITH APPLICABLE STANDARDS OF THE METROPOLITAN DISTRICT20
REGARDING SLASH REMOVAL , STUMP HEIGHT, REVEGETATION, AND21
CONTRACTOR REGULATIONS .22
(e) R
EASONABLE MODIFICATIONS TO A UNIT AS NECESSARY TO23
AFFORD AN INDIVIDUAL WITH DISABILITIES FULL USE AND ENJOYMENT OF24
THE UNIT IN ACCORDANCE WITH THE FEDERAL "FAIR HOUSING ACT OF25
1968",
42 U.S.C. SEC. 3604 (f)(3)(A);26
(f) T
HE USE OF A RAIN BARREL , AS DEFINED IN SECTION27
HB24-1267
-11- 37-96.5-102 (1), TO COLLECT PRECIPITATION FROM A RESIDENTIAL1
ROOFTOP IN ACCORDANCE WITH SECTION 37-96.5-103. A METROPOLITAN2
DISTRICT MAY IMPOSE REASONABLE AESTHETIC REQUIREMENTS THAT3
GOVERN THE PLACEMENT OR EXTERNAL APPEARANCE OF A RAIN BARREL .4
T
HIS SUBSECTION (6)(f) DOES NOT CONFER UPON A UNIT OWNER A RIGHT5
TO PLACE A RAIN BARREL AT, OR TO CONNECT A RAIN BARREL TO , ANY6
PROPERTY THAT IS:7
(I) L
EASED, EXCEPT WITH PERMISSION OF THE LESSOR;8
(II) A
COMMON ELEMENT OR A LIMITED COMMON ELEMENT OF A9
COMMON INTEREST COMMUNITY , AS THOSE TERMS ARE DEFINED IN10
SECTION 38-33.3-103;11
(III) O
WNED OR MAINTAINED BY THE METROPOLITAN DISTRICT ; OR12
(IV) A
TTACHED TO ONE OR MORE OTHER UNITS , EXCEPT WITH13
PERMISSION OF THE OWNERS OF THE OTHER UNITS .14
(g) (I) T
HE OPERATION OF A FAMILY CHILD CARE HOME , AS15
DEFINED IN SECTION 26.5-5-303, THAT IS LICENSED PURSUANT TO PART 316
OF ARTICLE 5 OF TITLE 26.5.17
(II) T
HIS SUBSECTION (6)(g) DOES NOT SUPERSEDE ANY OF THE18
PROVISIONS OF AN INSTRUMENT CONCERNING ARCHITECTURAL CONTROL ,19
PARKING, LANDSCAPING, NOISE, OR OTHER MATTERS NOT SPECIFIC TO THE20
OPERATION OF A BUSINESS PER SE. THE METROPOLITAN DISTRICT SHALL21
MAKE REASONABLE ACCOMMODATION FOR FENCING REQUIREMENTS22
APPLICABLE TO LICENSED FAMILY CHILD CARE HOMES .23
(III) T
HIS SUBSECTION (6)(g) DOES NOT APPLY TO A COMMUNITY24
QUALIFIED AS HOUSING FOR OLDER PERSONS UNDER THE FEDERAL25
"H
OUSING FOR OLDER PERSONS ACT OF 1995", PUB.L. 104-76.26
(IV) T
HE METROPOLITAN DISTRICT MAY REQUIRE THE OWNER OR27
HB24-1267
-12- OPERATOR OF A FAMILY CHILD CARE HOME TO CARRY LIABILITY1
INSURANCE, AT REASONABLE LEVELS DETERMINED BY THE BOARD ,2
PROVIDING COVERAGE FOR ANY ASPECT OF THE OPERATION OF THE FAMILY3
CHILD CARE HOME FOR PERSONAL INJURY , DEATH, DAMAGE TO PERSONAL4
PROPERTY, AND DAMAGE TO REAL PROPERTY THAT OCCURS IN OR ON ANY5
PROPERTY OWNED OR MAINTAINED BY THE METROPOLITAN DISTRICT , IN6
THE UNIT WHERE THE FAMILY CHILD CARE HOME IS LOCATED , OR IN ANY7
OTHER UNIT SUBJECT TO AN INSTRUMENT . THE METROPOLITAN DISTRICT8
SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE LIABILITY9
INSURANCE THE FAMILY CHILD CARE HOME IS REQUIRED TO CARRY , AND10
SUCH INSURANCE MUST BE PRIMARY TO ANY INSURANCE THE11
METROPOLITAN DISTRICT IS REQUIRED TO CARRY UNDER THE TERMS OF AN12
INSTRUMENT.13
(7) (a) N
OTWITHSTANDING ANY PROVISION IN AN INSTRUMENT TO14
THE CONTRARY, A METROPOLITAN DISTRICT SHALL NOT:15
(I) E
FFECTIVELY PROHIBIT RENEWABLE ENERGY GENERATION16
DEVICES, AS DEFINED IN SECTION 38-30-168;17
(II) R
EQUIRE THE USE OF CEDAR SHAKES OR OTHER FLAMMABLE18
ROOFING MATERIALS ON A UNIT; OR19
(III) E
FFECTIVELY PROHIBIT THE INSTALLATION OR USE OF AN20
ENERGY EFFICIENCY MEASURE ON A UNIT .21
(b) S
UBSECTION (7)(a)(III) OF THIS SECTION DOES NOT APPLY TO:22
(I) R
EASONABLE AESTHETIC PROVISIONS THAT GOVERN THE23
DIMENSIONS, PLACEMENT, OR EXTERNAL APPEARANCE OF AN ENERGY24
EFFICIENCY MEASURE. IN CREATING REASONABLE AESTHETIC PROVISIONS ,25
A METROPOLITAN DISTRICT SHALL CONSIDER :26
(A) T
HE IMPACT OF THE PURCHASE PRICE AND OPERATING COSTS27
HB24-1267
-13- OF THE ENERGY EFFICIENCY MEASURE ;1
(B) T
HE IMPACT ON THE PERFORMANCE OF THE ENERGY2
EFFICIENCY MEASURE; AND3
(C) T
HE CRITERIA CONTAINED IN ANY INSTRUMENT .4
(II) B
ONA FIDE SAFETY REQUIREMENTS , CONSISTENT WITH AN5
APPLICABLE BUILDING CODE OR RECOGNIZED SAFETY STANDARD , FOR THE6
PROTECTION OF PERSONS OR PROPERTY .7
(c) S
UBSECTION (7)(a)(III) OF THIS SECTION DOES NOT CONFER8
UPON ANY UNIT OWNER THE RIGHT TO PLACE AN ENERGY EFFICIENCY9
MEASURE ON PROPERTY THAT IS:10
(I) O
WNED BY ANOTHER PERSON ;11
(II) L
EASED, EXCEPT WITH PERMISSION OF THE LESSOR;12
(III) C
OLLATERAL FOR A COMMERCIAL LOAN , EXCEPT WITH13
PERMISSION OF THE SECURED PARTY;14
(IV) A
COMMON ELEMENT OR LIMITED COMMON ELEMENT OF A15
COMMON INTEREST COMMUNITY , AS THOSE TERMS ARE DEFINED IN16
SECTION 38-33.3-103; OR17
(V) O
WNED OR MAINTAINED BY A METROPOLITAN DISTRICT .18
SECTION 4. Act subject to petition - effective date -19
applicability. (1) This act takes effect at 12:01 a.m. on the day following20
the expiration of the ninety-day period after final adjournment of the21
general assembly; except that, if a referendum petition is filed pursuant22
to section 1 (3) of article V of the state constitution against this act or an23
item, section, or part of this act within such period, then the act, item,24
section, or part will not take effect unless approved by the people at the25
general election to be held in November 2024 and, in such case, will take26
effect on the date of the official declaration of the vote thereon by the27
HB24-1267
-14- governor.1
(2) This act applies to conduct occurring on or after the applicable2
effective date of this act.3
HB24-1267
-15-