Restrictions on the ability of homeowners’ associations to enforce covenants deemed contrary to public policy have long been the norm in states across the country, including Colorado, which could soon see an expansion of such restrictions.

Colorado’s Common Interest Ownership Act (CCIOA) contains various statutory restrictions on the ability of a homeowners’ association to enforce rules and covenants deemed contrary to public policy.  For example, notwithstanding any provision in an association’s declaration, bylaws or rules and regulations to the contrary, an HOA is barred from enforcing prohibitions on xeriscaping, display of the American flag, and the display of political signs during election cycles.
Continue Reading Colorado House Passes Bill that would Limit the Ability of HOAs to Regulate the Display of Residents’ Flags and Political Signs

In 2018, the Colorado Water Conservation Board (the CWCB) published the current version of the State’s Drought Mitigation and Response Plan (the DMRP).  Originally prepared in accordance with the Disaster Mitigation Act of 2000 (Public Law 106-390), and adopted by the Office of the Governor, the DMRP is intended to provide State and local authorities with “effective and systematic” methods of combatting short- and long-term water shortages throughout Colorado.  The DMRP contemplates a three-phase Drought Plan Implementation Cycle, with Phase 3 of the cycle activated in times of extreme or exceptional drought.
Continue Reading Amid Grim 2021 Drought Projections, Governor Polis Activates the Municipal Water Impact Task Force

On Wednesday, July 2, 2020, the Colorado Supreme Court issued a per curiam opinion holding that Colorado’s Governor cannot suspend, by executive order, the state’s constitutional requirements for ballot measure signatures.  The Governor had sought, among other things, to permit campaigns for ballot measures that have titles set or pending before the Colorado Supreme Court

On Friday, May 15, 2020, Colorado Governor Jared Polis issued Executive Order D 2020 065, temporarily suspending certain statutory requirements governing the distribution, signing, and certification of ballot measures for the November 2020 election. The Order would, among other things, permit campaigns for ballot measures that have titles set or pending before the Colorado Supreme Court to collect signatures electronically by e-mail or by mail, rather than requiring a petition circulator to obtain signatures in person. It would also give campaigns additional time to collect and submit the required number of signatures. The Order directed Colorado’s Secretary of State, Jena Griswold, to issue temporary rules to accommodate these changes. A coalition of business organizations immediately challenged the Order in court, questioning whether the Governor has the power to unilaterally alter the state’s election laws.
Continue Reading Colorado’s Governor Issues Executive Order Relaxing Requirements for November 2020 Ballot Measures; Business Groups Sue

In July, voters in Lakewood approved a one percent per annum cap on residential unit construction.  Now, a proposed ballot measure aiming to require counties along the Front Range to follow suit is one step closer to appearing on Colorado’s 2020 ballot.
Continue Reading Front Range-Wide Residential Growth Cap One Step Closer to Colorado’s 2020 Ballot