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

Last month, Denver City Council voted 10-1 in favor of approving a contract between the City and Village Collaborative, an organization that “exists to create and operate transformational housing communities in partnership with people coming from homelessness.”  Under the terms of the contract, the City agreed to contribute $899,569 “to fund two Safe Outdoor Space (SOS) sites, with amenities and services that provide outdoor accommodation for up to 100 households.”  On July 1, 2020, Denver Mayor Michael Hancock announced Denver’s initial partnership with Village Collaborative, the Interfaith Alliance of Colorado, and other nonprofit organizations for the development of SOS sites within the City.  Since that announcement, Village Collective has operated an SOS site at the Denver Community Church (1595 Pearl Street), and the Interfaith Alliance of Colorado has operated an SOS site at the First Baptist Church of Denver (1373 Grant Street).  The earmarked funds approved by City Council this month will be used to fund Village Collective’s existing SOS site at the Denver Community Church. Continue Reading Denver Approves Funding for Safe Outdoor Camping Sites for Individuals Experiencing Homelessness; Aurora Looking to Follow Suit

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

Chaffee Park may become the first Denver neighborhood to be entirely rezoned for the sole purpose of allowing accessory dwelling units (ADUs) on all residential lots of at least 4,500 square feet.  The Denver Planning Board unanimously approved the community-generated proposal on September 16, 2020, and the rezoning proposal now awaits City Council review and adoption.  The proposed zone districts are the same as the current districts except that they allow the ADU use, either within the primary structure or in a detached structure.  The Chaffee Park neighborhood extends generally from 48th Avenue on the south to 52nd Avenue on the north, and from Federal Boulevard on the west to Kalamath Street on the east.

Continue Reading Chaffee Park Proposed Rezoning