Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 6, 2024
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
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
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) EXCEPT AS PROVIDED IN SUBSECTION (1)(c)(IV)(B) OF9
THIS SECTION, AN ENERGY-EFFICIENT OUTDOOR LIGHTING DEVICE,10
INCLUDING WITHOUT LIMITATION A LIGHT FIXTURE CONTAINING A COILED11
OR STRAIGHT FLUORESCENT LIGHT BULB , AND ANY SOLAR RECHARGING12
PANEL, MOTION DETECTOR, OR OTHER EQUIPMENT CONNECTED TO THE13
LIGHTING DEVICE.14
(B) SUBSECTION (1)(c)(IV)(A) OF THIS SECTION DOES NOT APPLY15
TO COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES PROVIDED16
UNDER AN INSTRUMENT THAT IMPLEMENTS DARK SKY REQUIREMENTS FOR17
RESIDENTIAL PROPERTY THAT IS A DESIGNATED DARK SKY PLACE , AS18
DEFINED IN SECTION 24-49.7-110 (2)(d).19
(V) A
RETRACTABLE CLOTHESLINE; AND20
(VI) A
HEAT PUMP SYSTEM, AS DEFINED IN SECTION 39-26-73221
(2)(c).22
(d) (I) "I
MPARTIAL DECISION-MAKER" MEANS A PERSON OR A23
GROUP OF PERSONS:24
(A) W
ITH THE AUTHORITY TO MAKE A DECISION REGARDING THE25
ENFORCEMENT OF AN INSTRUMENT THAT A METROPOLITAN DISTRICT26
ENFORCES PURSUANT TO THIS SECTION OR SECTION 32-1-1004 (8),27
1267
-4- INCLUDING THE ENFORCEMENT OF ANY ARCHITECTURAL REQUIREMENTS ;1
AND2
(B) T
HAT DOES NOT HAVE ANY DIRECT PERSONAL OR FINANCIAL3
INTEREST IN THE OUTCOME OF THE MATTER BEING DECIDED .4
(II) A
S USED IN THIS SUBSECTION (1)(d), "PERSONAL OR FINANCIAL5
INTEREST" MEANS THAT THE IMPARTIAL DECISION-MAKER, AS A RESULT OF6
THE OUTCOME OF THE MATTER BEING DECIDED , WOULD RECEIVE A7
GREATER BENEFIT OR DETRIMENT THAN THAT OF OTHER UNIT OWNERS8
SUBJECT TO THE SAME INSTRUMENT .9
(e) "I
NSTRUMENT" MEANS THE DECLARATION , RULES AND10
REGULATIONS, OR ANY OTHER INSTRUMENT THAT A METROPOLITAN11
DISTRICT ENFORCES PURSUANT TO THIS SECTION AND SECTION 32-1-100412
(8).13
(f) "L
OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE14
COUNTY, MUNICIPALITY, OR CITY AND COUNTY.15
(g) "U
NIT" MEANS A PHYSICAL PORTION OF A RESIDENTIAL16
PROPERTY THAT IS DESIGNATED FOR SEPARATE OWNERSHIP OR17
OCCUPANCY AND IS SUBJECT TO AN INSTRUMENT .18
(h) "U
NIT OWNER" MEANS A PERSON WHO OWNS A UNIT .19
(2) (a) O
N OR BEFORE JANUARY 1, 2025,
EXCEPT AS PROVIDED IN20
SUBSECTION (2)(d) OF THIS SECTION, A METROPOLITAN DISTRICT SHALL21
ADOPT A WRITTEN POLICY GOVERNING THE IMPOSITION OF FINES . IN22
FURNISHING COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES , A23
BOARD SHALL NOT IMPOSE A FINE ON A UNIT OWNER FOR AN ALLEGED24
VIOLATION OF AN INSTRUMENT UNLESS THE FINE IS IMPOSED IN25
ACCORDANCE WITH THE WRITTEN POLICY . THE WRITTEN POLICY:26
(I) M
UST INCLUDE A FAIR AND IMPARTIAL FACT-FINDING PROCESS27
1267
-5- CONCERNING WHETHER AN ALLEGED VIOLATION ACTUALLY OCCURRED1
AND, IF SO, WHETHER A UNIT OWNER IS RESPONSIBLE FOR THE VIOLATION ;2
AND3
(II) M
UST REQUIRE PROVIDING NOTICE TO THE UNIT OWNER4
REGARDING THE NATURE OF THE ALLEGED VIOLATION , THE ACTION OR5
ACTIONS REQUIRED TO CURE THE ALLEGED VIOLATION , AND THE TIMELINE6
FOR THE FAIR AND IMPARTIAL FACT-FINDING PROCESS REQUIRED UNDER7
SUBSECTION (2)(a)(I) OF THIS SECTION.8
(b) T
HE FAIR AND IMPARTIAL FACT-FINDING PROCESS MAY BE9
INFORMAL BUT, AT A MINIMUM, MUST PROVIDE A UNIT OWNER NOTICE AND10
AN OPPORTUNITY TO BE HEARD BEFORE AN IMPARTIAL DECISION -MAKER.11
(c) T
HE WRITTEN POLICY MUST SPECIFY THE SCHEDULE OF FINES12
THAT MAY BE IMPOSED FOR ALLEGED VIOLATIONS THAT ARE CONTINUOUS13
OR REPETITIVE IN NATURE , INCLUDING A DESCRIPTION OF WHAT14
CONSTITUTES A CONTINUOUS VIOLATION AND WHAT CONSTITUTES A15
REPETITIVE VIOLATION.16
(d) (I) A METROPOLITAN DISTRICT THAT DOES NOT PROVIDE17
COVENANT ENFORCEMENT AND DOES NOT FORM A UNIT OWNERS'18
ASSOCIATION PURSUANT TO SECTION 38-33.3-301:19
(A) CANNOT PURSUE OTHER REMEDIES AGAINST PROPERTY20
OWNERS TO ENFORCE DESIGN REVIEW REQUIREMENTS ADOPTED BY THE21
METROPOLITAN DISTRICT; AND22
(B) IS NOT REQUIRED TO ADOPT WRITTEN POLICIES PURSUANT TO23
SUBSECTIONS (2)(a) AND (5)(a) OF THIS SECTION.24
(II) IF A METROPOLITAN DISTRICT ELECTS TO PROVIDE COVENANT25
ENFORCEMENT AT ANY TIME, THE REQUIREMENTS OF THIS SECTION APPLY26
TO THE METROPOLITAN DISTRICT.27
1267
-6- (3) (a) IN FURNISHING COVENANT ENFORCEMENT AND DESIGN1
REVIEW SERVICES FOR UNITS, A BOARD MAY FIX, AND FROM TIME TO TIME2
INCREASE OR DECREASE , FEES, RATES, TOLLS, FINES, PENALTIES, OR3
CHARGES FOR COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES4
FURNISHED PURSUANT TO THIS SECTION AND SECTION 32-1-1004 (8).5
(b) (I) U
NTIL PAID, ANY FEE, RATE, TOLL, FINE, PENALTY, OR6
CHARGE DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION CONSTITUTES7
A PERPETUAL LIEN ON AND AGAINST THE UNIT FOR WHICH COVENANT8
ENFORCEMENT AND DESIGN REVIEW SERVICES WERE PROVIDED .9
(II) T
HE BOARD OF A METROPOLITAN DISTRICT FURNISHING10
COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES PURSUANT TO11
THIS SECTION AND SECTION 32-1-1004 (8) SHALL NOT FORECLOSE ON ANY12
LIEN DESCRIBED IN THIS SUBSECTION (3)(b) THAT ARISES FROM AMOUNTS13
THAT A UNIT OWNER OWES THE METROPOLITAN DISTRICT AS A RESULT OF14
A COVENANT VIOLATION OR ENFORCEMENT OF A FAILURE TO COMPLY WITH15
ANY INSTRUMENT.16
(III) I
N ADDITION TO ANY OTHER MEANS PROVIDED BY LAW , A17
BOARD, BY RESOLUTION AND AT A PUBLIC MEETING HELD AFTER NOTICE18
HAS BEEN PROVIDED TO AN AFFECTED UNIT OWNER , MAY ELECT TO HAVE19
CERTAIN DELINQUENT FEES, RATES, TOLLS, FINES, PENALTIES, CHARGES,20
OR ASSESSMENTS MADE OR LEVIED FOR COVENANT ENFORCEMENT AND21
DESIGN REVIEW SERVICES CERTIFIED TO THE TREASURER OF THE COUNTY22
IN WHICH THE METROPOLITAN DISTRICT IS LOCATED , AND FOR THE23
DELINQUENT FEES, RATES, TOLLS, FINES, PENALTIES, CHARGES, OR24
ASSESSMENTS TO BE COLLECTED AND PAID OVER BY THE TREASURER OF25
THE COUNTY IN THE SAME MANNER AS TAXES ARE AUTHORIZED TO BE26
COLLECTED AND PAID OVER PURSUANT TO SECTION 39-10-107.27
1267
-7- (4) (a) FOR ANY UNIT OWNER'S FAILURE TO COMPLY WITH AN1
INSTRUMENT, A METROPOLITAN DISTRICT , WITHOUT NEEDING TO2
COMMENCE A LEGAL PROCEEDING , MAY SEEK REIMBURSEMENT FOR3
COLLECTION COSTS AND REASONABLE ATTORNEY FEES AND COSTS4
INCURRED AS A RESULT OF THE FAILURE TO COMPLY .5
(b) E
XCEPT AS PROVIDED IN SUBSECTION (4)(c) OF THIS SECTION,6
IN A CIVIL ACTION TO ENFORCE OR DEFEND AN INSTRUMENT , THE COURT7
SHALL AWARD REASONABLE ATTORNEY FEES , COSTS, AND, IF RELEVANT,8
COSTS OF COLLECTION TO THE PREVAILING PARTY .9
(c) I
N CONNECTION WITH A CIVIL ACTION CLAIM IN WHICH A UNIT10
OWNER IS ALLEGED TO HAVE VIOLATED AN INSTRUMENT BUT PREVAILS ON11
THE MATTER BECAUSE THE COURT FINDS THAT THE UNIT OWNER DID NOT12
COMMIT THE ALLEGED VIOLATION :13
(I) T
HE COURT SHALL AWARD THE UNIT OWNER REASONABLE14
ATTORNEY FEES AND COSTS INCURRED IN DEFENDING THE CLAIM ;15
(II) T
HE COURT SHALL NOT AWARD COSTS OR ATTORNEY FEES TO16
THE METROPOLITAN DISTRICT; AND17
(III) T
HE METROPOLITAN DISTRICT SHALL NOT ALLOCATE TO THE18
UNIT OWNER'S ACCOUNT WITH THE METROPOLITAN DISTRICT ANY OF THE19
METROPOLITAN DISTRICT'S COSTS OR ATTORNEY FEES INCURRED IN20
ASSERTING OR DEFENDING THE CLAIM FROM REVENUE THAT THE21
METROPOLITAN DISTRICT COLLECTS OTHER THAN AD VALOREM PROPERTY22
TAXES IMPOSED ON ALL TAXPAYERS IN THE METROPOLITAN DISTRICT .23
(d) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , AN ACTION24
SHALL NOT BE COMMENCED OR MAINTAINED TO ENFORCE THE TERMS OF25
ANY BUILDING RESTRICTION CONTAINED IN AN INSTRUMENT OR TO COMPEL26
THE REMOVAL OF ANY BUILDING OR IMPROVEMENT BECAUSE OF A27
1267
-8- VIOLATION OF THE TERMS OF ANY SUCH BUILDING RESTRICTION UNLESS1
THE ACTION IS COMMENCED WITHIN ONE YEAR AFTER THE DATE THAT THE2
METROPOLITAN DISTRICT COMMENCING THE ACTION FIRST KNEW OR , IN3
THE EXERCISE OF REASONABLE DILIGENCE , SHOULD HAVE KNOWN OF THE4
VIOLATION FORMING THE BASIS OF THE ACTION .5
(5) (a) (I) O
N OR BEFORE JANUARY 1, 2025,
EXCEPT AS PROVIDED6
IN SUBSECTION (2)(d) OF THIS SECTION, A METROPOLITAN DISTRICT7
FURNISHING COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES8
UNDER THIS SECTION AND SECTION 32-1-1004 (8) SHALL ADOPT A WRITTEN9
POLICY SETTING FORTH THE METROPOLITAN DISTRICT 'S PROCEDURE FOR10
ADDRESSING DISPUTES ARISING BETWEEN THE METROPOLITAN DISTRICT11
AND ONE OR MORE UNIT OWNERS RELATED TO THE ENFORCEMENT OF AN12
INSTRUMENT.13
(II) (A) E
XCEPT AS PROVIDED IN SUBSECTION (5)(a)(II)(B) OF THIS14
SECTION, A METROPOLITAN DISTRICT SHALL MAKE A COPY OF THE WRITTEN15
POLICY ADOPTED PURSUANT TO SUBSECTION (5)(a)(I) OF THIS SECTION16
AVAILABLE TO UNIT OWNERS ON THE METROPOLITAN DISTRICT 'S WEBSITE17
THAT THE METROPOLITAN DISTRICT IS REQUIRED TO MAINTAIN PURSUANT18
TO SECTION 32-1-104.5 (3).19
(B) I
F THE METROPOLITAN DISTRICT IS NOT REQUIRED TO20
MAINTAIN A WEBSITE PURSUANT TO SECTION 32-1-104.5 (3), THE21
METROPOLITAN DISTRICT SHALL MAKE THE WRITTEN POLICY AVAILABLE22
TO UNIT OWNERS UPON REQUEST .23
(b) (I) A
NY CONTROVERSY BETWEEN A METROPOLITAN DISTRICT24
AND A UNIT OWNER THAT ARISES OUT OF THE ENFORCEMENT OF AN25
INSTRUMENT MAY BE SUBMITTED TO MEDIATION BY AGREEMENT OF THE26
PARTIES PRIOR TO THE COMMENCEMENT OF ANY LEGAL PROCEEDING .27
1267
-9- EITHER PARTY TO THE MEDIATION MAY TERMINATE THE MEDIATION1
PROCESS WITHOUT PREJUDICE.2
(II) I
F A MEDIATION AGREEMENT IS REACHED PURSUANT TO3
SUBSECTION (5)(b)(I) OF THIS SECTION, THE MEDIATION AGREEMENT MAY4
BE PRESENTED TO A COURT AS A STIPULATION . THE STIPULATION MUST5
NOT INCLUDE A REQUIREMENT THAT THE UNIT OWNER PAY ADDITIONAL6
INTEREST OR UNREASONABLE ATTORNEY FEES . IF EITHER PARTY7
SUBSEQUENTLY VIOLATES THE STIPULATION , THE OTHER PARTY MAY8
APPLY IMMEDIATELY TO THE COURT FOR RELIEF . IF THE PARTIES EXECUTE9
A STIPULATION THAT THE COURT DEEMS UNFAIR OR THAT DOES NOT10
COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION (5)(b), THE11
STIPULATION IS INVALID AND THE COURT MAY AWARD THE UNIT OWNER12
REASONABLE ATTORNEY FEES AND COSTS .13
(6) N
OTWITHSTANDING ANY PROVISION IN AN INSTRUMENT TO THE14
CONTRARY, A METROPOLITAN DISTRICT SHALL NOT PROHIBIT ANY OF THE15
FOLLOWING IN RELATION TO ANY UNIT SUBJECT TO THE INSTRUMENT :16
(a) T
HE DISPLAY OF A FLAG ON A UNIT, IN A WINDOW OF THE UNIT,17
OR ON A BALCONY ADJOINING THE UNIT . THE METROPOLITAN DISTRICT18
SHALL NOT PROHIBIT OR REGULATE THE DISPLAY OF FLAGS ON THE BASIS19
OF THEIR SUBJECT MATTER, MESSAGE, OR CONTENT; EXCEPT THAT THE20
METROPOLITAN DISTRICT MAY PROHIBIT FLAGS BEARING COMMERCIAL21
MESSAGES. THE METROPOLITAN DISTRICT MAY ADOPT REASONABLE ,22
CONTENT-NEUTRAL RULES TO REGULATE THE NUMBER , LOCATION, AND23
SIZE OF FLAGS AND FLAGPOLES BUT SHALL NOT PROHIBIT THE24
INSTALLATION OF A FLAG OR FLAGPOLE .25
(b) T
HE DISPLAY OF A SIGN BY THE OWNER OR OCCUPANT OF A26
UNIT ON PROPERTY WITHIN THE BOUNDARIES OF THE UNIT OR IN A WINDOW27
1267
-10- OF THE UNIT. THE METROPOLITAN DISTRICT SHALL NOT PROHIBIT OR1
REGULATE THE DISPLAY OF WINDOW SIGNS OR YARD SIGNS ON THE BASIS2
OF THEIR SUBJECT MATTER, MESSAGE, OR CONTENT; EXCEPT THAT THE3
METROPOLITAN DISTRICT MAY PROHIBIT SIGNS BEARING COMMERCIAL4
MESSAGES. THE METROPOLITAN DISTRICT MAY ESTABLISH REASONABLE ,5
CONTENT-NEUTRAL RULES TO REGULATE SIGNS BASED ON THE NUMBER ,6
PLACEMENT, OR SIZE OF THE SIGNS OR ON OTHER OBJECTIVE FACTORS .7
(c) T
HE PARKING OF A MOTOR VEHICLE BY THE OCCUPANT OF A8
UNIT ON THE DRIVEWAY OF THE UNIT IF THE VEHICLE IS REQUIRED TO BE9
AVAILABLE AT DESIGNATED PERIODS AT THE OCCUPANT 'S RESIDENCE AS10
A CONDITION OF THE OCCUPANT 'S EMPLOYMENT AND ALL OF THE11
FOLLOWING CRITERIA ARE MET:12
(I) T
HE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF TEN13
THOUSAND POUNDS OR LESS;14
(II) T
HE OCCUPANT IS A BONA FIDE MEMBER OF A VOLUNTEER FIRE15
DEPARTMENT OR IS EMPLOYED BY A PRIMARY PROVIDER OF EMERGENCY16
FIREFIGHTING, LAW ENFORCEMENT , AMBULANCE, OR EMERGENCY17
MEDICAL SERVICES;18
(III) T
HE VEHICLE BEARS AN OFFICIAL EMBLEM OR OTHER VISIBLE19
DESIGNATION OF THE EMERGENCY SERVICE PROVIDER ; AND20
(IV) P
ARKING OF THE VEHICLE CAN BE ACCOMPLISHED WITHOUT21
OBSTRUCTING EMERGENCY ACCESS TO OR INTERFERING WITH THE22
REASONABLE NEEDS OF OTHER UNIT OWNERS OR OCCUPANTS TO USE23
STREETS, DRIVEWAYS, AND GUEST PARKING SPACES;24
(d) T
HE REMOVAL BY A UNIT OWNER OF TREES, SHRUBS, OR OTHER25
VEGETATION TO CREATE DEFENSIBLE SPACE ON A UNIT FOR FIRE26
MITIGATION PURPOSES, SO LONG AS THE REM OVAL COMPLIES WITH A27
1267
-11- WRITTEN DEFENSIBLE SPACE PLAN CREATED FOR THE PROPERTY BY THE1
C
OLORADO STATE FOREST SERVICE , AN INDIVIDUAL OR COMPANY2
CERTIFIED BY AN ENTITY OF A LOCAL GOVERNMENT TO CREATE SUCH A3
PLAN, OR THE FIRE CHIEF, FIRE MARSHAL, OR FIRE PROTECTION DISTRICT4
WITHIN WHOSE JURISDICTION THE UNIT IS LOCATED AND IS NO MORE5
EXTENSIVE THAN NECESSARY TO COMPLY WITH THE PLAN . THE PLAN6
SHALL BE REGISTERED WITH THE METROPOLITAN DISTRICT AT LEAST7
THIRTY DAYS BEFORE THE COMMENCEMENT OF WORK . THE METROPOLITAN8
DISTRICT MAY REQUIRE CHANGES TO THE PLAN IF THE METROPOLITAN9
DISTRICT OBTAINS THE CONSENT OF THE INDIVIDUAL , OFFICIAL, OR10
AGENCY THAT ORIGINALLY CREATED THE PLAN . THE WORK MUST COMPLY11
WITH APPLICABLE STANDARDS OF THE METROPOLITAN DISTRICT12
REGARDING SLASH REMOVAL , STUMP HEIGHT, REVEGETATION, AND13
CONTRACTOR REGULATIONS .14
(e) R
EASONABLE MODIFICATIONS TO A UNIT AS NECESSARY TO15
AFFORD AN INDIVIDUAL WITH DISABILITIES FULL USE AND ENJOYMENT OF16
THE UNIT IN ACCORDANCE WITH THE FEDERAL "FAIR HOUSING ACT OF17
1968",
42 U.S.C. SEC. 3604 (f)(3)(A);18
(f) THE USE OF XERISCAPE, NONVEGETATIVE TURF GRASS, OR19
DROUGHT-TOLERANT VEGETATIVE OR NONVEGETATIVE LANDSCAPES TO20
PROVIDE GROUND COVERING TO PROPERTY FOR WHICH A UNIT OWNER IS21
RESPONSIBLE IN ACCORDANCE WITH SECTION 38-33.3-106.5 (1)(i) AND22
(1)(i.5);23
(g) THE USE OF A RAIN BARREL , AS DEFINED IN SECTION24
37-96.5-102
(1), TO COLLECT PRECIPITATION FROM A RESIDENTIAL25
ROOFTOP IN ACCORDANCE WITH SECTION 37-96.5-103. A METROPOLITAN26
DISTRICT MAY IMPOSE REASONABLE AESTHETIC REQUIREMENTS THAT27
1267
-12- GOVERN THE PLACEMENT OR EXTERNAL APPEARANCE OF A RAIN BARREL .1
T
HIS SUBSECTION
(6)(g) DOES NOT CONFER UPON A UNIT OWNER A RIGHT2
TO PLACE A RAIN BARREL AT, OR TO CONNECT A RAIN BARREL TO , ANY3
PROPERTY THAT IS:4
(I) L
EASED, EXCEPT WITH PERMISSION OF THE LESSOR;5
(II) A
COMMON ELEMENT OR A LIMITED COMMON ELEMENT OF A6
COMMON INTEREST COMMUNITY , AS THOSE TERMS ARE DEFINED IN7
SECTION 38-33.3-103;8
(III) O
WNED OR MAINTAINED BY THE METROPOLITAN DISTRICT ; OR9
(IV) A
TTACHED TO ONE OR MORE OTHER UNITS , EXCEPT WITH10
PERMISSION OF THE OWNERS OF THE OTHER UNITS .11
(h) (I) THE OPERATION OF A FAMILY CHILD CARE HOME , AS12
DEFINED IN SECTION 26.5-5-303, THAT IS LICENSED PURSUANT TO PART 313
OF ARTICLE 5 OF TITLE 26.5.14
(II) T
HIS SUBSECTION
(6)(h) DOES NOT SUPERSEDE ANY OF THE15
PROVISIONS OF AN INSTRUMENT CONCERNING ARCHITECTURAL CONTROL ,16
PARKING, LANDSCAPING, NOISE, OR OTHER MATTERS NOT SPECIFIC TO THE17
OPERATION OF A BUSINESS PER SE. THE METROPOLITAN DISTRICT SHALL18
MAKE REASONABLE ACCOMMODATION FOR FENCING REQUIREMENTS19
APPLICABLE TO LICENSED FAMILY CHILD CARE HOMES .20
(III) T
HIS SUBSECTION
(6)(h) DOES NOT APPLY TO A COMMUNITY21
QUALIFIED AS HOUSING FOR OLDER PERSONS UNDER THE FEDERAL22
"H
OUSING FOR OLDER PERSONS ACT OF 1995", PUB.L. 104-76.23
(IV) T
HE METROPOLITAN DISTRICT MAY REQUIRE THE OWNER OR24
OPERATOR OF A FAMILY CHILD CARE HOME TO CARRY LIABILITY25
INSURANCE, AT REASONABLE LEVELS DETERMINED BY THE BOARD ,26
PROVIDING COVERAGE FOR ANY ASPECT OF THE OPERATION OF THE FAMILY27
1267
-13- CHILD CARE HOME FOR PERSONAL INJURY , DEATH, DAMAGE TO PERSONAL1
PROPERTY, AND DAMAGE TO REAL PROPERTY THAT OCCURS IN OR ON ANY2
PROPERTY OWNED OR MAINTAINED BY THE METROPOLITAN DISTRICT , IN3
THE UNIT WHERE THE FAMILY CHILD CARE HOME IS LOCATED , OR IN ANY4
OTHER UNIT SUBJECT TO AN INSTRUMENT . THE METROPOLITAN DISTRICT5
SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE LIABILITY6
INSURANCE THE FAMILY CHILD CARE HOME IS REQUIRED TO CARRY , AND7
SUCH INSURANCE MUST BE PRIMARY TO ANY INSURANCE THE8
METROPOLITAN DISTRICT IS REQUIRED TO CARRY UNDER THE TERMS OF AN9
INSTRUMENT.10
(7) (a) N
OTWITHSTANDING ANY PROVISION IN AN INSTRUMENT TO11
THE CONTRARY, A METROPOLITAN DISTRICT SHALL NOT:12
(I) E
FFECTIVELY PROHIBIT RENEWABLE ENERGY GENERATION13
DEVICES, AS DEFINED IN SECTION 38-30-168;14
(II) R
EQUIRE THE USE OF CEDAR SHAKES OR OTHER FLAMMABLE15
ROOFING MATERIALS ON A UNIT; OR16
(III) E
FFECTIVELY PROHIBIT THE INSTALLATION OR USE OF AN17
ENERGY EFFICIENCY MEASURE ON A UNIT .18
(b) S
UBSECTION (7)(a)(III) OF THIS SECTION DOES NOT APPLY TO:19
(I) R
EASONABLE AESTHETIC PROVISIONS THAT GOVERN THE20
DIMENSIONS, PLACEMENT, OR EXTERNAL APPEARANCE OF AN ENERGY21
EFFICIENCY MEASURE. IN CREATING REASONABLE AESTHETIC PROVISIONS ,22
A METROPOLITAN DISTRICT SHALL CONSIDER :23
(A) T
HE IMPACT OF THE PURCHASE PRICE AND OPERATING COSTS24
OF THE ENERGY EFFICIENCY MEASURE ;25
(B) T
HE IMPACT ON THE PERFORMANCE OF THE ENERGY26
EFFICIENCY MEASURE; AND27
1267
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(II) B
ONA FIDE SAFETY REQUIREMENTS , CONSISTENT WITH AN2
APPLICABLE BUILDING CODE OR RECOGNIZED SAFETY STANDARD , FOR THE3
PROTECTION OF PERSONS OR PROPERTY .4
(c) S
UBSECTION (7)(a)(III) OF THIS SECTION DOES NOT CONFER5
UPON ANY UNIT OWNER THE RIGHT TO PLACE AN ENERGY EFFICIENCY6
MEASURE ON PROPERTY THAT IS:7
(I) O
WNED BY ANOTHER PERSON ;8
(II) L
EASED, EXCEPT WITH PERMISSION OF THE LESSOR;9
(III) C
OLLATERAL FOR A COMMERCIAL LOAN , EXCEPT WITH10
PERMISSION OF THE SECURED PARTY;11
(IV) A
COMMON ELEMENT OR LIMITED COMMON ELEMENT OF A12
COMMON INTEREST COMMUNITY , AS THOSE TERMS ARE DEFINED IN13
SECTION 38-33.3-103; OR14
(V) O
WNED OR MAINTAINED BY A METROPOLITAN DISTRICT .15
SECTION 4. Act subject to petition - effective date -16
applicability. (1) This act takes effect at 12:01 a.m. on the day following17
the expiration of the ninety-day period after final adjournment of the18
general assembly; except that, if a referendum petition is filed pursuant19
to section 1 (3) of article V of the state constitution against this act or an20
item, section, or part of this act within such period, then the act, item,21
section, or part will not take effect unless approved by the people at the22
general election to be held in November 2024 and, in such case, will take23
effect on the date of the official declaration of the vote thereon by the24
governor.25
(2) This act applies to conduct occurring on or after the applicable26
effective date of this act.27
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