2026-09-10 · Colorado · Regulation

Colorado's HOA regulator has told boards and owners that the statute protecting a brown lawn during a drought does not protect an owner who simply stopped watering. The HOA Information and Resource Center posted the advisory on July 23, 2026, after Governor Jared Polis activated Phase 3 of Colorado's Drought Response Plan on June 4, 2026 “in response to record-low snowpack and prolonged warm temperatures across the state.”¹

The Center reports “an increase of complaints related to homeowners receiving violation notices from their HOAs about their un-watered lawns” — which is what prompted it to explain the provision.

What the statute says

C.R.S. 38-33.3-302(k)(II), quoted in the advisory:

“The association may not levy fines against a unit owner for violations of declarations, bylaws, or rules of the association for failure to adequately water landscapes or vegetation for which the unit owner is responsible when water restrictions or guidelines from the local water district or similar entity are in place and the unit owner is watering in compliance with such restrictions or guidelines. The association may require proof from the unit owner that the unit owner is watering the landscape or vegetation in a manner that is consistent with the maximum watering permitted by the restrictions or guidelines then in effect.”

The reading that matters

The Center's own analysis is worth quoting in full, because it is the state correcting a widespread assumption:

“Upon initial review, the statute appears to prohibit HOAs outright from fining unit owners for not watering their lawns during a drought; however, closer examination reveals that HOAs may still fine HOA unit owners if the unit owner is not in compliance with the water restriction or guideline from the local water district.”

The worked example the Center gives: if the district permits watering on Tuesdays and Fridays, “HOAs may require proof that unit owners are watering at a minimum, every Tuesday and Friday.” If the owner cannot show that, “the HOA may still be able to fine the unit owner under this section for non-compliance with landscaping standards, even if a local watering restriction is in effect.”

The shield, in other words, is conditional. It protects the owner watering to the ceiling the restriction allows. It does not protect the owner who has turned the sprinklers off.

1. HOA Center Advisory: Watering Lawn During Statewide Droughts (July 23, 2026), Colorado Division of Real Estate — source of the quoted statute and the Center's analysis ↩
2. HB25-1113, "Limit Turf in New Residential Development" — bill page, Colorado General Assembly ↩
3. SB23-178, "Water-wise Landscaping in Homeowners' Association Communities" — bill page, Colorado General Assembly ↩
4. Denver Resilient Landscapes text amendment project page, City and County of Denver ↩