HOUSE BILL 24-1267
BY REPRESENTATIVE(S) Jodeh and Bacon, Bird, Boesenecker, Brown,
deGruy Kennedy, Duran, English, Froelich, Lieder, Lindsay, Mabrey,
Marshall, Marvin, Mauro, Ortiz, Parenti, Ricks, Sirota, Snyder, Titone,
Velasco, Vigil, Woodrow;
also SENATOR(S) Coleman and Hansen, Bridges, Cutter, Jaquez Lewis,
Michaelson Jenet, Priola.
C
ONCERNING REQUIRING A METROPOLITAN DISTRICT ENGAGING IN
COVENANT ENFORCEMENT ACTIVITIES TO COMPLY WITH CERTAIN
POLICIES RELATED TO COVENANT ENFORCEMENT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 32-1-1001, amend
(1)(j)(I); and add (1)(j)(I.5) as follows:
32-1-1001. Common powers - definitions. (1) For and on behalf
of the special district the board has the following powers:
(j) (I) To fix and from time to time to increase or decrease fees,
rates, tolls, penalties, or charges for services, programs, or facilities
furnished by the special district; except that fire protection districts may
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. only fix fees and charges as provided in section 32-1-1002 (1)(e). The board
may pledge such revenue for the payment of any indebtedness of the special
district. Until paid, all such
fees, rates, tolls, penalties, or charges shall
constitute a perpetual lien on and against the property served, and, EXCEPT
AS PROVIDED IN SUBSECTION
(1)(j)(I.5) OF THIS SECTION, any such lien may
be foreclosed in the same manner as provided by the laws of this state for
the foreclosure of mechanics' liens.
(I.5) T
HE BOARD OF A METROPOLITAN DISTRICT FURNISHING
COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES PURSUANT TO
SECTIONS
32-1-1004 (8) AND 32-1-1004.5 SHALL NOT FORECLOSE ANY LIEN
DESCRIBED IN SECTION
32-1-1004.5 (3)(b)(I).
SECTION 2. In Colorado Revised Statutes, 32-1-1004, add (8)(d)
as follows:
32-1-1004. Metropolitan districts - additional powers and duties.
(8) (d) I
N FURNISHING COVENANT ENFORCEMENT AND DESIGN REVIEW
SERVICES PURSUANT TO THIS SUBSECTION
(8), THE BOARD OF A
METROPOLITAN DISTRICT SHALL COMPLY WITH THE PROCEDURAL
REQUIREMENTS SET FORTH IN SECTION
32-1-1004.5.
SECTION 3. In Colorado Revised Statutes, add 32-1-1004.5 as
follows:
32-1-1004.5. Metropolitan districts' covenant enforcement and
design review services - requirements - prohibitions as against public
policy - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "B
OARD" MEANS THE BOARD OF A METROPOLITAN DISTRICT .
(b) "C
OVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES "
MEANS THE COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES THAT
A METROPOLITAN DISTRICT MAY PROVIDE IN RELATION TO RESIDENTIAL
PROPERTY PURSUANT TO SECTION
32-1-1004 (8).
(c) "E
NERGY EFFICIENCY MEASURE" MEANS A DEVICE OR STRUCTURE
THAT REDUCES THE AMOUNT OF ENERGY DERIVED FROM FOSSIL FUELS THAT
IS CONSUMED BY A UNIT
. "ENERGY EFFICIENCY MEASURE" INCLUDES ONLY
PAGE 2-HOUSE BILL 24-1267 THE FOLLOWING TYPES OF DEVICES OR STRUCTURES :
(I) A
N AWNING, SHUTTER, TRELLIS, RAMADA, OR OTHER SHADE
STRUCTURE THAT IS MARKETED FOR THE PURPOSE OF REDUCING ENERGY
CONSUMPTION
;
(II) A
GARAGE OR ATTIC FAN AND ANY ASSOCIATED VENTS OR
LOUVERS
;
(III) A
N EVAPORATIVE COOLER;
(IV) (A) E
XCEPT AS PROVIDED IN SUBSECTION (1)(c)(IV)(B) OF THIS
SECTION
, AN ENERGY-EFFICIENT OUTDOOR LIGHTING DEVICE , INCLUDING
WITHOUT LIMITATION A LIGHT FIXTURE CONTAINING A COILED OR STRAIGHT
FLUORESCENT LIGHT BULB
, AND ANY SOLAR RECHARGING PANEL , MOTION
DETECTOR
, OR OTHER EQUIPMENT CONNECTED TO THE LIGHTING DEVICE .
(B) S
UBSECTION (1)(c)(IV)(A) OF THIS SECTION DOES NOT APPLY TO
COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES PROVIDED UNDER
AN INSTRUMENT THAT IMPLEMENTS DARK SKY REQUIREMENTS FOR
RESIDENTIAL PROPERTY THAT IS A DESIGNATED DARK SKY PLACE
, AS
DEFINED IN SECTION
24-49.7-110 (2)(d).
(V) A
RETRACTABLE CLOTHESLINE; AND
(VI) A HEAT PUMP SYSTEM, AS DEFINED IN SECTION 39-26-732
(2)(c).
(d) (I) "I
MPARTIAL DECISION-MAKER" MEANS A PERSON OR A GROUP
OF PERSONS
:
(A) W
ITH THE AUTHORITY TO MAKE A DECISION REGARDING THE
ENFORCEMENT OF AN INSTRUMENT THAT A METROPOLITAN DISTRICT
ENFORCES PURSUANT TO THIS SECTION OR SECTION
32-1-1004 (8),
INCLUDING THE ENFORCEMENT OF ANY ARCHITECTURAL REQUIREMENTS ;
AND
(B) THAT DOES NOT HAVE ANY DIRECT PERSONAL OR FINANCIAL
INTEREST IN THE OUTCOME OF THE MATTER BEING DECIDED
.
PAGE 3-HOUSE BILL 24-1267 (II) AS USED IN THIS SUBSECTION (1)(d), "PERSONAL OR FINANCIAL
INTEREST
" MEANS THAT THE IMPARTIAL DECISION-MAKER, AS A RESULT OF
THE OUTCOME OF THE MATTER BEING DECIDED
, WOULD RECEIVE A GREATER
BENEFIT OR DETRIMENT THAN THAT OF OTHER UNIT OWNERS SUBJECT TO THE
SAME INSTRUMENT
.
(e) "I
NSTRUMENT" MEANS THE DECLARATION , RULES AND
REGULATIONS
, OR ANY OTHER INSTRUMENT THAT A METROPOLITAN DISTRICT
ENFORCES PURSUANT TO THIS SECTION AND SECTION
32-1-1004 (8).
(f) "L
OCAL GOVERNMENT " MEANS A STATUTORY OR HOME RULE
COUNTY
, MUNICIPALITY, OR CITY AND COUNTY.
(g) "U
NIT" MEANS A PHYSICAL PORTION OF A RESIDENTIAL PROPERTY
THAT IS DESIGNATED FOR SEPARATE OWNERSHIP OR OCCUPANCY AND IS
SUBJECT TO AN INSTRUMENT
.
(h) "U
NIT OWNER" MEANS A PERSON WHO OWNS A UNIT .
(2) (a) O
N OR BEFORE JANUARY 1, 2025, EXCEPT AS PROVIDED IN
SUBSECTION
(2)(d) OF THIS SECTION, A METROPOLITAN DISTRICT SHALL
ADOPT A WRITTEN POLICY GOVERNING THE IMPOSITION OF FINES
. IN
FURNISHING COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES
, A
BOARD SHALL NOT IMPOSE A FINE ON A UNIT OWNER FOR AN ALLEGED
VIOLATION OF AN INSTRUMENT UNLESS THE FINE IS IMPOSED IN ACCORDANCE
WITH THE WRITTEN POLICY
. THE WRITTEN POLICY:
(I) M
UST INCLUDE A FAIR AND IMPARTIAL FACT -FINDING PROCESS
CONCERNING WHETHER AN ALLEGED VIOLATION ACTUALLY OCCURRED AND
,
IF SO, WHETHER A UNIT OWNER IS RESPONSIBLE FOR THE VIOLATION ; AND
(II) MUST REQUIRE PROVIDING NOTICE TO THE UNIT OWNER
REGARDING THE NATURE OF THE ALLEGED VIOLATION
, THE ACTION OR
ACTIONS REQUIRED TO CURE THE ALLEGED VIOLATION
, AND THE TIMELINE
FOR THE FAIR AND IMPARTIAL FACT
-FINDING PROCESS REQUIRED UNDER
SUBSECTION
(2)(a)(I) OF THIS SECTION.
(b) T
HE FAIR AND IMPARTIAL FACT -FINDING PROCESS MAY BE
INFORMAL BUT
, AT A MINIMUM, MUST PROVIDE A UNIT OWNER NOTICE AND
AN OPPORTUNITY TO BE HEARD BEFORE AN IMPARTIAL DECISION
-MAKER.
PAGE 4-HOUSE BILL 24-1267 (c) THE WRITTEN POLICY MUST SPECIFY THE SCHEDULE OF FINES
THAT MAY BE IMPOSED FOR ALLEGED VIOLATIONS THAT ARE CONTINUOUS OR
REPETITIVE IN NATURE
, INCLUDING A DESCRIPTION OF WHAT CONSTITUTES
A CONTINUOUS VIOLATION AND WHAT CONSTITUTES A REPETITIVE
VIOLATION
.
(d) (I) A
METROPOLITAN DISTRICT THAT DOES NOT PROVIDE
COVENANT ENFORCEMENT AND DOES NOT FORM A UNIT OWNERS
'
ASSOCIATION PURSUANT TO SECTION 38-33.3-301:
(A) C
ANNOT PURSUE OTHER REMEDIES AGAINST PROPERTY OWNERS
TO ENFORCE DESIGN REVIEW REQUIREMENTS ADOPTED BY THE
METROPOLITAN DISTRICT
; AND
(B) IS NOT REQUIRED TO ADOPT WRI TTEN POLICIES PURSUANT TO
SUBSECTIONS
(2)(a) AND (5)(a) OF THIS SECTION.
(II) I
F A METROPOLITAN DISTRICT ELECTS TO PROVIDE COVENANT
ENFORCEMENT AT ANY TIME
, THE REQUIREMENTS OF THIS SECTION APPLY TO
THE METROPOLITAN DISTRICT
.
(3) (a) I
N FURNISHING COVENANT ENFORCEMENT AND DESIGN
REVIEW SERVICES FOR UNITS
, A BOARD MAY FIX, AND FROM TIME TO TIME
INCREASE OR DECREASE
, FEES, RATES, TOLLS, FINES, PENALTIES, OR CHARGES
FOR COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES FURNISHED
PURSUANT TO THIS SECTION AND SECTION
32-1-1004 (8).
(b) (I) U
NTIL PAID, ANY FEE, RATE, TOLL, FINE, PENALTY, OR CHARGE
DESCRIBED IN SUBSECTION
(3)(a) OF THIS SECTION CONSTITUTES A
PERPETUAL LIEN ON AND AGAINST THE UNIT FOR WHICH COVE NANT
ENFORCEMENT AND DESIGN REVIEW SERVICES WERE PROVIDED
.
(II) T
HE BOARD OF A METROPOLITAN DISTRICT FURNISHING
COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES PURS UANT TO THIS
SECTION AND SECTION
32-1-1004 (8) SHALL NOT FORECLOSE ON ANY LIEN
DESCRIBED IN THIS SUBSECTION
(3)(b) THAT ARISES FROM AMOUNTS THAT
A UNIT OWNER OWES THE METROPOLITAN DISTRICT AS A RESULT OF A
COVENANT VIOLATION OR ENFORCEMENT OF A FAILURE TO COMPLY WITH
ANY INSTRUMENT
.
PAGE 5-HOUSE BILL 24-1267 (III) IN ADDITION TO ANY OTHER MEANS PROVIDED BY LAW , A
BOARD
, BY RESOLUTION AND AT A PUBLIC MEETING HELD AFTER NOTICE HAS
BEEN PROVIDED TO AN AFFECTED UNIT OWNER
, MAY ELECT TO HAVE
CERTAIN DELINQUENT FEES
, RATES, TOLLS, FINES, PENALTIES, CHARGES, OR
ASSESSMENTS MADE OR LEVIED FOR COVENANT ENFORCEMENT AND DESIGN
REVIEW SERVICES CERTIFIED TO THE TREASURER OF THE COUNTY IN WHICH
THE METROPOLITAN DISTRICT IS LOCATED
, AND FOR THE DELINQUENT FEES,
RATES, TOLLS, FINES, PENALTIES, CHARGES, OR ASSESSMENTS TO BE
COLLECTED AND PAID OVER BY THE TREASURER OF THE C OUNTY IN THE SAME
MANNER AS TAXES ARE AUTHORIZED TO BE COLLECTED AND PAID OVER
PURSUANT TO SECTION
39-10-107.
(4) (a) F
OR ANY UNIT OWNER 'S FAILURE TO COMPLY WITH AN
INSTRUMENT
, A METROPOLITAN DISTRICT, WITHOUT NEEDING TO COMMENCE
A LEGAL PROCEEDING
, MAY SEEK REIMBURSEMENT FOR COLLECTION COSTS
AND REASONABLE ATTORNEY FEES AND COSTS INCURRED AS A RESULT OF
THE FAILURE TO COMPLY
.
(b) E
XCEPT AS PROVIDED IN SUBSECTION (4)(c) OF THIS SECTION, IN
A CIVIL ACTION TO ENFORCE OR DEFEND AN INSTRUMENT
, THE COURT SHALL
AWARD REASONABLE ATTORNEY FEES
, COSTS, AND, IF RELEVANT, COSTS OF
COLLECTION TO THE PREVAILING PARTY
.
(c) I
N CONNECTION WITH A CIVIL ACTION CLAIM IN WHICH A UNIT
OWNER IS ALLEGED TO HAVE VIOLATED AN INSTRUMENT BUT PREVAILS ON
THE MATTER BECAUSE THE COURT FINDS THAT THE UNIT OWNER DID NOT
COMMIT THE ALLEGED VIOLATION
:
(I) T
HE COURT SHALL AWARD THE UNIT OWNER REASONABLE
ATTORNEY FEES AND COSTS INCURRED IN DEFENDING THE CLAIM
;
(II) T
HE COURT SHALL NOT AWARD COSTS OR ATTORNEY FEES TO THE
METROPOLITAN DISTRICT
; AND
(III) THE METROPOLITAN DISTRICT SHALL NOT ALLOCATE TO THE
UNIT OWNER
'S ACCOUNT WITH THE METROPOLITAN DISTRICT ANY OF THE
METROPOLITAN DISTRICT
'S COSTS OR ATTORNEY FEES INCURRED IN
ASSERTING OR DEFENDING THE CLAIM FROM REVENUE THAT THE
METROPOLITAN DISTRICT COLLECTS OTHER THAN AD VALOREM PROPERTY
TAXES IMPOSED ON ALL TAXPAYERS IN THE METROPOLITAN DISTRICT
.
PAGE 6-HOUSE BILL 24-1267 (d) NOTWITHSTANDING ANY LAW TO THE CONTRARY , AN ACTION
SHALL NOT BE COMMENCED OR MAINTAINED TO ENFORCE THE TERMS OF ANY
BUILDING RESTRICTION CONTAINED IN AN INSTRUMENT OR TO COMPEL THE
REMOVAL OF ANY BUILDING OR IMPROVEMENT BECAUSE OF A VIOLATION OF
THE TERMS OF ANY SUCH BUILDING RESTRICTION UNLESS THE ACTION IS
COMMENCED WITHIN ONE YEAR AFTER THE DATE THAT THE METROPOLITAN
DISTRICT COMMENCING THE ACTION FIRST KNEW OR
, IN THE EXERCISE OF
REASONABLE DILIGENCE
, SHOULD HAVE KNOWN OF THE VIOLATION FORMING
THE BASIS OF THE ACTION
.
(5) (a) (I) O
N OR BEFORE JANUARY 1, 2025, EXCEPT AS PROVIDED IN
SUBSECTION
(2)(d) OF THIS SECTION, A METROPOLITAN DISTRICT FURNISHING
COVENANT ENFORCEMENT AND DESIGN REVIEW SERVICES UNDER THIS
SECTION AND SECTION
32-1-1004 (8) SHALL ADOPT A WRITTEN POLICY
SETTING FORTH THE METROPOLITAN DISTRICT
'S PROCEDURE FOR ADDRESSING
DISPUTES ARISING BETWEEN THE METROPOLITAN DISTRICT AND ONE OR
MORE UNIT OWNERS RELATED TO THE ENFORCEMENT OF AN INSTRUMENT
.
(II) (A) E
XCEPT AS PROVIDED IN SUBSECTION (5)(a)(II)(B) OF THIS
SECTION
, A METROPOLITAN DISTRICT SHALL MAKE A COPY OF THE WRITTEN
POLICY ADOPTED PURSUANT TO SUBSECTION
(5)(a)(I) OF THIS SECTION
AVAILABLE TO UNIT OWNERS ON THE METROPOLITAN DISTRICT
'S WEBSITE
THAT THE METROPOLITAN DISTRICT IS REQUIRED TO MAINTAIN PURSUANT TO
SECTION
32-1-104.5 (3).
(B) I
F THE METROPOLITAN DISTRICT IS NOT REQUIRED TO MAINTAIN
A WEBSITE PURSUANT TO SECTION
32-1-104.5 (3), THE METROPOLITAN
DISTRICT SHALL MAKE THE WRITTEN POLICY AVAILABLE TO UNIT OWNERS
UPON REQUEST
.
(b) (I) A
NY CONTROVERSY BETWEEN A METROPOLITAN DISTRICT AND
A UNIT OWNER THAT ARISES OUT OF THE ENFORCEMENT OF AN INSTRUMENT
MAY BE SUBMITTED TO MEDIATION BY AGREEMENT OF THE PARTIES PRIOR TO
THE COMMENCEMENT OF ANY LEGAL PROCEEDING
. EITHER PARTY TO THE
MEDIATION MAY TERMINATE THE MEDIATION PROCESS WITHOUT PREJUDICE
.
(II) I
F A MEDIATION AGREEMENT IS REACHED PURSUANT TO
SUBSECTION
(5)(b)(I) OF THIS SECTION, THE MEDIATION AGREEMENT MAY BE
PRESENTED TO A COURT AS A STIPULATION
. THE STIPULATION MUST NOT
INCLUDE A REQUIREMENT THAT THE UNIT OWNER PAY ADDITIONAL INTEREST
PAGE 7-HOUSE BILL 24-1267 OR UNREASONABLE ATTORNEY FEES . IF EITHER PARTY SUBSEQUENTLY
VIOLATES THE STIPULATION
, THE OTHER PARTY MAY APPLY IMMEDIATELY
TO THE COURT FOR RELIEF
. IF THE PARTIES EXECUTE A STIPULATION THAT
THE COURT DEEMS UNFAIR OR THAT DOES NOT COMPLY WITH THE
REQUIREMENTS OF THIS SUBSECTION
(5)(b), THE STIPULATION IS INVALID
AND THE COURT MAY AWARD THE UNIT OWNER REAS ONABLE ATTORNEY
FEES AND COSTS
.
(6) N
OTWITHSTANDING ANY PROVISION IN AN INSTRUMENT TO THE
CONTRARY
, A METROPOLITAN DISTRICT SHALL NOT PROHIBIT ANY OF THE
FOLLOWING IN RELATION TO ANY UNIT SUBJECT TO THE INSTRUMENT
:
(a) T
HE DISPLAY OF A FLAG ON A UNIT, IN A WINDOW OF THE UNIT, OR
ON A BALCONY ADJOINING THE UNIT
. THE METROPOLITAN DISTRICT SHALL
NOT PROHIBIT OR REGULATE THE DISPLAY OF FLAGS ON THE BASIS OF THEIR
SUBJECT MATTER
, MESSAGE, OR CONTENT; EXCEPT THAT THE METROPOLITAN
DISTRICT MAY PROHIBIT FLAGS BEARING COMMERCIAL MESSAGES
. THE
METROPOLITAN DISTRICT MAY ADOPT REASONABLE
, CONTENT-NEUTRAL
RULES TO REGULATE THE NUMBER
, LOCATION, AND SIZE OF FLAGS AND
FLAGPOLES BUT SHALL NOT PROHIBIT THE INSTALLATION OF A FLAG OR
FLAGPOLE
.
(b) T
HE DISPLAY OF A SIGN BY THE OWNER OR OCCUPANT OF A UNIT
ON PROPERTY WITHIN THE BOUNDARIES OF THE UNIT OR IN A WINDOW OF THE
UNIT
. THE METROPOLITAN DISTRICT SHALL NOT PROHIBIT OR REGULATE THE
DISPLAY OF WINDOW SIGNS OR YARD SIGNS ON THE BASIS OF THEIR SUBJECT
MATTER
, MESSAGE, OR CONTENT; EXCEPT THAT THE METROPOLITAN
DISTRICT MAY PROHIBIT SIGNS BEARING COMMERCIAL MESSAGES
. THE
METROPOLITAN DISTRICT MAY ESTABLISH REASONABLE
, CONTENT-NEUTRAL
RULES TO REGULATE SIGNS BASED ON THE NUMBER
, PLACEMENT, OR SIZE OF
THE SIGNS OR ON OTHER OBJECTIVE FACTORS
.
(c) T
HE PARKING OF A MOTOR VEHICLE BY THE OCCUPANT OF A UNIT
ON THE DRIVEWAY OF THE UNIT IF THE VEHICLE IS REQUIRED TO BE
AVAILABLE AT DESIGNATED PERIODS AT THE OCCUPANT
'S RESIDENCE AS A
CONDITION OF THE OCCUPANT
'S EMPLOYMENT AND ALL OF THE FOLLOWING
CRITERIA ARE MET
:
(I) T
HE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF TEN
THOUSAND POUNDS OR LESS
;
PAGE 8-HOUSE BILL 24-1267 (II) THE OCCUPANT IS A BONA FIDE MEMBER OF A VOLUNTEER FIRE
DEPARTMENT OR IS EMPLOYED BY A PRIMARY PROVIDER OF EMERGENCY
FIREFIGHTING
, LAW ENFORCEMENT, AMBULANCE, OR EMERGENCY MEDICAL
SERVICES
;
(III) T
HE VEHICLE BEARS AN OFFICIAL EMBLEM OR OTHER VISIBLE
DESIGNATION OF THE EMERGENCY SERVICE PROVIDER
; AND
(IV) PARKING OF THE VEHICLE CAN BE ACCOMPLISHED WITHOUT
OBSTRUCTING EMERGENCY ACCESS TO OR INTERFERING WITH THE
REASONABLE NEEDS OF OTHER UNIT OWNERS OR OCCUPANTS TO USE
STREETS
, DRIVEWAYS, AND GUEST PARKING SPACES;
(d) T
HE REMOVAL BY A UNIT OWNER OF TREES , SHRUBS, OR OTHER
VEGETATION TO CREATE DEFENSIBLE SPACE ON A UNIT FOR FIRE MITIGATION
PURPOSES
, SO LONG AS THE REMOVAL COMPLIES WITH A WRITTEN
DEFENSIBLE SPACE PLAN CREATED FOR THE PROPERTY BY THE
COLORADO
STATE FOREST SERVICE
, AN INDIVIDUAL OR COMPANY CERTIFIED BY AN
ENTITY OF A LOCAL GOVERNMENT TO CREATE SUCH A PLAN
, OR THE FIRE
CHIEF
, FIRE MARSHAL, OR FIRE PROTECTION DISTRICT WITHIN WHOSE
JURISDICTION THE UNIT IS LOCATED AND IS NO MORE EXTENSIVE THAN
NECESSARY TO COMPLY WITH THE PLAN
. THE PLAN SHALL BE REGISTERED
WITH THE METROPOLITAN DISTRICT AT LEAST THIRTY DAYS BEFORE THE
COMMENCEMENT OF WORK
. THE METROPOLITAN DISTRICT MAY REQUIRE
CHANGES TO THE PLAN IF THE METROPOLITAN DISTRICT OBTAINS THE
CONSENT OF THE INDIVIDUAL
, OFFICIAL, OR AGENCY THAT ORIGINALLY
CREATED THE PLAN
. THE WORK MUST COMPLY WITH APPLICABLE
STANDARDS OF THE METROPOLITAN DISTRICT REGARDING SLASH REMOVAL
,
STUMP HEIGHT, REVEGETATION, AND CONTRACTOR REGULATIONS .
(e) R
EASONABLE MODIFICATIONS TO A UNIT AS NECESSARY TO
AFFORD AN INDIVIDUAL WITH DISABILITIES FULL USE AND ENJOYMENT OF
THE UNIT IN ACCORDANCE WITH THE FEDERAL
"FAIR HOUSING ACT OF
1968", 42 U.S.C. SEC. 3604 (f)(3)(A);
(f) T
HE USE OF XERISCAPE, NONVEGETATIVE TURF GRASS , OR
DROUGHT
-TOLERANT VEGETATIVE OR NONVEGETATIVE LANDSCAPES TO
PROVIDE GROUND COVERING TO PROPERTY FOR WHICH A UNIT OWNER IS
RESPONSIBLE IN ACCORDANCE WITH SECTION
38-33.3-106.5 (1)(i) AND
(1)(i.5);
PAGE 9-HOUSE BILL 24-1267 (g) THE USE OF A RAIN BARREL, AS DEFINED IN SECTION 37-96.5-102
(1),
TO COLLECT PRECIPITATION FROM A RESIDENTIAL ROOFTOP IN
ACCORDANCE WITH SECTION
37-96.5-103. A METROPOLITAN DISTRICT MAY
IMPOSE REASONABLE AESTHETIC REQUIREMENTS THAT GOVERN THE
PLACEMENT OR EXTERNAL APPEARANCE OF A RAIN BARREL
. THIS
SUBSECTION
(6)(g) DOES NOT CONFER UPON A UNIT OWNER A RIGHT TO
PLACE A RAIN BARREL AT
, OR TO CONNECT A RAIN BARREL TO , ANY
PROPERTY THAT IS
:
(I) L
EASED, EXCEPT WITH PERMISSION OF THE LESSOR;
(II) A
COMMON ELEMENT OR A LIMITED COMMON ELEMENT OF A
COMMON INTEREST COMMUNITY
, AS THOSE TERMS ARE DEFINED IN SECTION
38-33.3-103;
(III) O
WNED OR MAINTAINED BY THE METROPOLITAN DISTRICT ; OR
(IV) ATTACHED TO ONE OR MORE OTHER UNITS , EXCEPT WITH
PERMISSION OF THE OWNERS OF THE OTHER UNITS
.
(h) (I) T
HE OPERATION OF A FAMILY CHILD CARE HOME , AS DEFINED
IN SECTION
26.5-5-303, THAT IS LICENSED PURSUANT TO PART 3 OF ARTICLE
5 OF TITLE 26.5.
(II) T
HIS SUBSECTION (6)(h) DOES NOT SUPERSEDE ANY OF THE
PROVISIONS OF AN INSTRUMENT CONCERNING ARCHITECTURAL CONTROL
,
PARKING, LANDSCAPING, NOISE, OR OTHER MATTERS NOT SPECIFIC TO THE
OPERATION OF A BUSINESS PER SE
. THE METROPOLITAN DISTRICT SHALL
MAKE REASONABLE ACCOMMODATION FOR FENCING REQUIREMENTS
APPLICABLE TO LICENSED FAMILY CHILD CARE HOMES
.
(III) T
HIS SUBSECTION (6)(h) DOES NOT APPLY TO A COMMUNITY
QUALIFIED AS HOUSING FOR OLDER PERSONS UNDER THE FEDERAL
"HOUSING
FOR
OLDER PERSONS ACT OF 1995", PUB.L. 104-76.
(IV) T
HE METROPOLITAN DISTRICT MAY REQUIRE THE OWNER OR
OPERATOR OF A FAMILY CHILD CARE HOME TO CARRY LIABILITY INSURANCE
,
AT REASONABLE LEVELS DETERMINED BY THE BOARD , PROVIDING COVERAGE
FOR ANY ASPECT OF THE OPERATION OF THE FAMILY CHILD CARE HOME FOR
PERSONAL INJURY
, DEATH, DAMAGE TO PERSONAL PROPERTY , AND DAMAGE
PAGE 10-HOUSE BILL 24-1267 TO REAL PROPERTY THAT OCCURS IN OR ON ANY PROPERTY OWNED OR
MAINTAINED BY THE METROPOLITAN DISTRICT
, IN THE UNIT WHERE THE
FAMILY CHILD CARE HOME IS LOCATED
, OR IN ANY OTHER UNIT SUBJECT TO
AN INSTRUMENT
. THE METROPOLITAN DISTRICT SHALL BE NAMED AS AN
ADDITIONAL INSURED ON THE LIABILITY INSURANCE THE FAMILY CHILD CARE
HOME IS REQUIRED TO CARRY
, AND SUCH INSURANCE MUST BE PRIMARY TO
ANY INSURANCE THE METROPOLITAN DISTRICT IS REQUIRED TO CARRY
UNDER THE TERMS OF AN INSTRUMENT
.
(7) (a) N
OTWITHSTANDING ANY PROVISION IN AN INSTRUMENT TO
THE CONTRARY
, A METROPOLITAN DISTRICT SHALL NOT:
(I) E
FFECTIVELY PROHIBIT RENEWABLE ENERGY GENERATION
DEVICES
, AS DEFINED IN SECTION 38-30-168;
(II) R
EQUIRE THE USE OF CEDAR SHAKES OR OTHER FLAMMABLE
ROOFING MATERIALS ON A UNIT
; OR
(III) EFFECTIVELY PROHIBIT THE INSTALLATION OR USE OF AN
ENERGY EFFICIENCY MEASURE ON A UNIT
.
(b) S
UBSECTION (7)(a)(III) OF THIS SECTION DOES NOT APPLY TO:
(I) R
EASONABLE AESTHETIC PROVISIONS THAT GOVERN THE
DIMENSIONS
, PLACEMENT, OR EXTERNAL APPEARANCE OF AN ENERGY
EFFICIENCY MEASURE
. IN CREATING REASONABLE AESTHETIC PROVISIONS ,
A METROPOLITAN DISTRICT SHALL CONSIDER :
(A) T
HE IMPACT OF THE PURCHASE PRICE AND OPERATING COSTS OF
THE ENERGY EFFICIENCY MEASURE
;
(B) T
HE IMPACT ON THE PERFORMANCE OF THE ENERGY EFFICIENCY
MEASURE
; AND
(C) THE CRITERIA CONTAINED IN ANY INSTRUMENT .
(II) B
ONA FIDE SAFETY REQUIREMENTS , CONSISTENT WITH AN
APPLICABLE BUILDING CODE OR RECOGNIZED SAFETY STANDARD
, FOR THE
PROTECTION OF PERSONS OR PROPERTY
.
PAGE 11-HOUSE BILL 24-1267 (c) SUBSECTION (7)(a)(III) OF THIS SECTION DOES NOT CONFER UPON
ANY UNIT OWNER THE RIGHT TO PLACE AN ENERGY EFFICIENCY MEASURE ON
PROPERTY THAT IS
:
(I) O
WNED BY ANOTHER PERSON ;
(II) L
EASED, EXCEPT WITH PERMISSION OF THE LESSOR;
(III) C
OLLATERAL FOR A COMMERCIAL LOAN , EXCEPT WITH
PERMISSION OF THE SECURED PARTY
;
(IV) A
COMMON ELEMENT OR LIMITED COMMON ELEMENT OF A
COMMON INTEREST COMMUNITY
, AS THOSE TERMS ARE DEFINED IN SECTION
38-33.3-103; OR
(V) OWNED OR MAINTAINED BY A METROPOLITAN DISTRICT .
SECTION 4. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 12-HOUSE BILL 24-1267 (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 24-1267