Colorado HOA rules for xeriscaping and water-saving landscapes

What the rule says

No. A Colorado HOA cannot simply ban xeriscaping or water-saving landscapes — at least not for the homes the statute covers. Colorado Revised Statutes 38-33.3-106.5, part of the Colorado Common Interest Ownership Act, applies "notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary" and says an association "shall not prohibit" the use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including limited common elements. The protection is not one-size-fits-all: it attaches by home type, and associations keep meaningful review and design authority.

Attached single-family homes (townhomes). Subparagraph (1)(i)(I)(A), as amended by Senate Bill 23-178 (2023), protects xeriscape, nonvegetative turf grass, and drought-tolerant vegetative landscapes as ground cover for a unit that is a single-family home sharing one or more walls with another unit. Associations may adopt design or aesthetic guidelines for nonvegetative turf grass and drought-tolerant landscapes, may regulate the type, number, and placement of drought-tolerant plantings and hardscapes, and may restrict nonvegetative turf grass to rear yard locations only. The subsection does not apply to detached single-family homes (which are covered by the next provision) and does not apply to associations that include time-share units.

Detached single-family homes. Subparagraph (1)(i.5), added by House Bill 21-1229 (2021), protects the same ground-cover categories — plus any right-of-way or tree lawn the owner must maintain — and caps what guidelines may require. Guidelines must: not prohibit nonvegetative turf grass in the backyard; not unreasonably require hardscape on more than 20 percent of the landscaping area; allow an option of at least 80 percent drought-tolerant plantings; and not prohibit vegetable gardens (including pollinator plants, flowers, herbs, fruits, and leafy greens) in front, back, or side yards. Each association must select at least three preplanned water-wise garden designs, preapproved for front yards, from the Colorado State University Extension Plant Select list or a municipality, utility, or similar entity; a design must follow the principles of water-wise landscaping defined in C.R.S. 37-60-135(2)(l) or come from a local water provider's conservation program. An owner who uses a selected design is treated as preapproved, with reasonable substitute plants allowed, and associations with a public website must post preapproval information there. If an association knowingly violates the subsection, an affected owner may sue to stop the violation and recover up to $500 or actual damages, whichever is greater — but only after giving the association 45 days' written notice to cure. The subsection expressly applies only to single-family detached homes and not to attached homes or condominiums, and it preserves association authority over bona fide safety requirements, fire buffers and defensible space, and existing grading, drainage, and structural landscape elements.

Rain barrels. Subparagraph (1)(j) says an association may not prohibit the use of a rain barrel that complies with C.R.S. 37-96.5-103: up to two barrels with combined capacity of 110 gallons or less, collecting rooftop precipitation on a single-family residence or a building with four or fewer units, used outdoors on the property where collected — never for drinking or indoor use. That right does not extend to placing a barrel on leased property, a common element or limited common element, association-maintained property, or a unit attached to other units without the other owners' permission, and associations may impose reasonable aesthetic requirements on placement or appearance.

Which authority controls

C.R.S. 38-33.3-106.5 sits inside the Common Interest Ownership Act (article 33.3 of Title 38), which applies to HOAs, condominiums, cooperatives, and other common interest communities. The statute's opening clause makes it override contrary declaration, bylaw, or rule language. Municipal rules operate separately: subparagraph (1)(i)(II) says the xeriscape protection "does not supersede any subdivision regulation of a county, city and county, or other municipality," so a city or county can impose its own landscape requirements, and local building, water, and fire codes still apply. For homes that are not in a common interest community, this statute has nothing to restrict — local ordinances and deed restrictions control instead. No official source reviewed for this guide identifies any separate statewide statute regulating HOA landscape rules outside CCIOA.

What may still be required or restricted

The statute is a floor, not a free pass. Associations may still: require plan review and approval before work; adopt design or aesthetic guidelines; regulate the type, number, and placement of drought-tolerant plantings and hardscapes; restrict nonvegetative turf grass to rear yards (attached homes); enforce bona fide safety requirements, fire buffers and defensible space, and grading and drainage protections (detached homes); and regulate the placement and appearance of rain barrels. Common elements remain association-controlled, and an owner has no statutory right to landscape them. Neither the ground-cover protections nor the vegetable-garden protection applies to condominium units, co-op units, or time-share communities on the statute's text. Separately, Colorado's state turf replacement program (C.R.S. 37-60-135) funds voluntary turf replacement through grants to local governments, districts, tribes, and nonprofits — it does not require homeowners to remove turf, and no mandate for residential turf removal was identified in the official sources reviewed.

Facts that could change the answer

• Your home type. Detached single-family homes get (1)(i.5); attached single-family homes get (1)(i)(I)(A); condominium and co-op units are not covered by either ground-cover protection.
• Your community. The statute binds common interest communities; time-share associations are excluded from (1)(i). Governing documents and local law control everywhere else.
• Where you live. Municipal subdivision regulations are not superseded, and some Colorado cities have their own landscape and turf rules that apply on top of HOA rules.
• When the rules were adopted. The statute was amended by House Bill 21-1229 (2021) and Senate Bill 23-178 (2023); older governing documents may not yet reflect it, but the statute overrides contrary provisions.

Practical decision path

1. Confirm your community is a common interest community and identify your home type (detached, attached, condo, co-op).
2. Read the exact guideline or rule the association cites, and ask for it in writing.
3. For a detached home, ask which three preapproved water-wise designs the association has selected and submit one, with reasonable substitutes where a plant is unavailable.
4. Put your plan in writing, respond to written objections, and ask which specific guideline fails and why (safety, drainage, fire buffer, placement — or an outright ban).
5. If the association knowingly violates (1)(i.5), serve the written cure notice and give the association 45 days before considering suit for up to $500 or actual damages.
6. Complete any municipal permitting and water-provider requirements separately from HOA approval.

Records to keep

Keep the denial or fine notice and the exact provision cited; the governing documents and their adoption dates; the statute text and the date you verified it; your landscape plan, plant list, and any preapproved design used; the 45-day cure notice and the association's response with dates; and photos plus all correspondence from the review process.

When professional advice may help

If the association denies a protected landscape change, or if your community mixes townhome, condominium, co-op, and detached structures (where the protections differ), an attorney who handles Colorado common interest community law can assess whether the denial crosses from permitted standards into a prohibited ban and can handle the cure-notice and damages sequence. Before work begins, obtain the written requirement from the association, landlord, permit office, or serving utility and keep the record.