(1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following:
The display of the American flag on a unit owner's property, in a window of the unit,or on a balcony adjoining the unit if the American flag is displayed in a manner consistent with the federal flag code, Pub.L. 94-344; 90 Stat. 810; 4 U.S.C. secs. 4 to 10. The association may adopt reasonable rules regarding the placement and manner of display of the American flag. The association rules may regulate the location and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole.
The display of a service flag bearing a star denoting the service of the owner oroccupant of the unit, or of a member of the owner's or occupant's immediate family, in the active or reserve military service of the United States during a time of war or armed conflict, on the inside of a window or door of the unit. The association may adopt reasonable rules regarding the size and manner of display of service flags; except that the maximum dimensions allowed shall be not less than nine inches by sixteen inches.
(I) The display of a political sign by the owner or occupant of a unit on propertywithin the boundaries of the unit or in a window of the unit; except that:
An association may prohibit the display of political signs earlier than forty-five daysbefore the day of an election and later than seven days after an election day; and
An association may regulate the size and number of political signs in accordancewith subparagraph (II) of this paragraph (c).
(II) The association shall permit at least one political sign per political office or ballot issue that is contested in a pending election. The maximum dimensions of each sign may be limited to the lesser of the following:
(A) The maximum size allowed by any applicable city, town, or county ordinance that regulates the size of political signs on residential property; or (B) Thirty-six inches by forty-eight inches.
(III) As used in this paragraph (c), "political sign" means a sign that carries a message intended to influence the outcome of an election, including supporting or opposing the election of a candidate, the recall of a public official, or the passage of a ballot issue.
(c.5) (I) The display of a religious item or symbol on the entry door or entry door frame of a unit; except that an association may prohibit the display or affixing of an item or symbol to the extent that it:
Threatens public health or safety;
Hinders the opening or closing of an entry door;
Violates federal or state law or a municipal ordinance;
Contains graphics, language, or any display that is obscene or otherwise illegal; or
Individually or in combination with other religious items or symbols, covers an areagreater than thirty-six square inches.
If an association is performing maintenance, repair, or replacement of an entry dooror door frame that serves a unit owner's separate interest, the unit owner may be required to remove a religious item or symbol during the time the work is being performed. After completion of the association's work, the unit owner may again display or affix the religious item or symbol. The association shall provide individual notice to the unit owner regarding the temporary removal of the religious item or symbol.
As used in this subsection (1)(c.5), "religious item or symbol" means an item orsymbol displayed because of a sincerely held religious belief.
(d) The parking of a motor vehicle by the occupant of a unit on a street, driveway, or guest parking area in the common interest community if the vehicle is required to be available at designated periods at such occupant's residence as a condition of the occupant's employment and all of the following criteria are met:
The vehicle has a gross vehicle weight rating of ten thousand pounds or less;
The occupant is a bona fide member of a volunteer fire department or is employedby a primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services;
The vehicle bears an official emblem or other visible designation of the emergencyservice provider; and
Parking of the vehicle can be accomplished without obstructing emergency accessor interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces within the common interest community.
The removal by a unit owner of trees, shrubs, or other vegetation to create defensiblespace around a dwelling for fire mitigation purposes, so long as such removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by a local governmental entity 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 such plan. The plan shall be registered with the association before the commencement of work. The association may require changes to the plan if the association obtains the consent of the person, official, or agency that originally created the plan. The work shall comply with applicable association standards regarding slash removal, stump height, revegetation, and contractor regulations.
(Deleted by amendment, L. 2006, p. 1215, § 2, effective May 26, 2006.)
Reasonable modifications to a unit or to common elements as necessary to afford aperson 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);
(I) The right of a unit owner, public or private, to restrict or specify by deed, covenant, or other document:
The permissible sale price, rental rate, or lease rate of the unit; or
Occupancy or other requirements designed to promote affordable or workforce housing as such terms may be defined by the local housing authority.
(II) (A) Notwithstanding any other provision of law, the provisions of this subsection (1)(h) shall only apply to a county the population of which is less than one hundred thousand persons and that contains a ski lift licensed by the passenger tramway safety board created in section 12-150-104 (1).
(B) The provisions of this paragraph (h) shall not apply to a declarant-controlled community.
Nothing in subparagraph (I) of this paragraph (h) shall be construed to prohibit thefuture owner of a unit against which a restriction or specification described in such subparagraph has been placed from lifting such restriction or specification on such unit as long as any unit so released is replaced by another unit in the same common interest community on which the restriction or specification applies and the unit subject to the restriction or specification is reasonably equivalent to the unit being released in the determination of the beneficiary of the restriction or specification.
Except as otherwise provided in the declaration of the common interest community,any unit subject to the provisions of this paragraph (h) shall only be occupied by the owner of the unit.
(i) (I) The use of xeriscape or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner. Associations may adopt and enforce design or aesthetic guidelines or rules that require drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property or on a limited common element or other property for which the unit owner is responsible.
(II) This paragraph (i) does not supersede any subdivision regulation of a county, city and county, or other municipality.
(j) (I) The use of a rain barrel, as defined in section 37-96.5-102 (1), C.R.S., to collect precipitation from a residential rooftop in accordance with section 37-96.5-103, C.R.S.
(II) This paragraph (j) does not confer upon a resident of a common interest community the right to place a rain barrel on property or to connect a rain barrel to any property that is:
Leased, except with permission of the lessor;
A common element or a limited common element of a common interest community;
Maintained by the unit owners' association for a common interest community; or
Attached to one or more other units, except with permission of the owners of theother units.
(III) A common interest community may impose reasonable aesthetic requirements that govern the placement or external appearance of a rain barrel.
(k) (I) The operation of a family child care home, as defined in section 26-6-102 (13), that is licensed under part 1 of article 6 of title 26.
This subsection (1)(k) does not supersede any of the association's regulations concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The association shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.
This subsection (1)(k) does not apply to a community qualified as housing for olderpersons under the federal "Housing for Older Persons Act of 1995", as amended, Pub.L. 104-76.
The association may require the owner or operator of a family child care homelocated in the common interest community to carry liability insurance, at reasonable levels determined by the association's executive 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 to real property that occurs in or on the common elements, in the unit where the family child care home is located, or in any other unit located in the common interest community. The association 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 association is required to carry under the terms of the declaration.
(1.5) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit renewable energy generation devices, as defined in section 38-30-168.
(2) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not require the use of cedar shakes or other flammable roofing materials.
Source: L. 2005: Entire section added, p. 1373, § 2, effective June 6. L. 2006: (1)(a), (1)(b), (1)(c), IP(1)(d), (1)(d)(II), (1)(d)(IV), and (1)(f) amended and (2) added, p. 1215, § 2, effective May 26. L. 2008: (1)(g) added, p. 556, § 1, effective July 1; (1.5) added, p. 620, § 3, effective August 5. L. 2009: (1)(h) added, (HB 09-1220), ch. 166, p. 732, § 1, effective August 5. L. 2013: (1)(i) added, (SB 13-183), ch. 187, p. 757, § 3, effective May 10. L. 2016: (1)(j) added, (HB 16-1005), ch. 161, p. 511, § 3, effective August 10. L. 2019: (1)(i)(I) amended, (HB 19-1050), ch. 25, p. 84, § 1, effective March 7; (1)(h)(II)(A) amended, (HB 19-1172), ch. 136, p. 1723, § 233, effective October 1. L. 2020: (1)(c.5) added, (HB 20-1200), ch. 188, p. 861, § 3, effective June 30; (1)(k) added, (SB 20-126), ch. 250, p. 1222, § 1, effective September 14. 38-33.3-106.7. Unreasonable restrictions on energy efficiency measures definitions. (1) (a) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure.
(b) As used in this section, "energy efficiency measure" means a device or structure that reduces the amount of energy derived from fossil fuels that is consumed by a residence or business located on the real property. "Energy efficiency measure" is further limited to include only the following types of devices or structures:
An awning, shutter, trellis, ramada, or other shade structure that is marketed for thepurpose of reducing energy consumption;
A garage or attic fan and any associated vents or louvers;
An evaporative cooler;
An energy-efficient outdoor lighting device, including without limitation a lightfixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device; and (V) A retractable clothesline.
(2) Subsection (1) of this section shall not apply to:
(a) Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, common interest communities shall consider:
The impact on the purchase price and operating costs of the energy efficiency measure;
The impact on the performance of the energy efficiency measure; and
The criteria contained in the governing documents of the common interest community.
(b) Bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for the protection of persons and property.
This section shall not be construed to confer upon any property owner the right toplace an energy efficiency measure on property that is:
Owned by another person;
Leased, except with permission of the lessor;
Collateral for a commercial loan, except with permission of the secured party; or
A limited common element or general common element of a common interest community.
Source: L. 2008: Entire section added, p. 618, § 2, effective August 5.