Colorado's lot-splitting bill exempted existing HOA communities — then died 6-0
Colorado's lot-splitting bill exempted existing HOA communities — then died 6-0
2026-09-10 · Colorado · Legislation · Did not pass
The question Colorado HOA members ask most often about the state's housing bills — can the legislature override my covenants? — got an answer in 2026, and the answer the drafters wrote was no. HB26-1308 would have required larger Colorado jurisdictions to approve qualifying lot splits by right, and it excluded lots inside existing common interest communities from the whole scheme. It then passed the House 39–0 and was postponed indefinitely 6–0 in the Senate Committee on Local Government & Housing on April 30, 2026.1
The eligibility condition that mattered
Beginning December 31, 2027, “subject jurisdictions” — Colorado's statutory term for the larger urban and suburban local governments caught by the state's land-use bills — would have had to approve lot splits meeting stated criteria, subject to minimum lot sizes, feasibility standards and lienholder consent.
One of those criteria, quoted from the bill, is the line for this audience:
“The original lot is not located within a common interest community that was created on or before December 31, 2027.”
An owner inside a pre-2028 CCIOA community would not have been able to split a lot by right under this bill even had it passed. The legislature's own drafters carved existing HOA and condominium communities out of forced lot splitting.
The split vote is the news
The bill was introduced March 2, 2026, amended five times and referred out of House committee 8–4 on March 17, and passed the House on third reading 39–0 on March 24. It was then killed 6–0 in Senate committee on April 30. Unanimous in one chamber, unanimously rejected in a committee of the other. No published statement of reasons has been located.
Keep reading with the Colorado State Pass
The rest of this analysis — what an association can actually do, the recent bills and rulings, and how Colorado compares nationally — is for subscribers. $49/month for every Colorado topic on HOA Weekly.
$49/month, $449/year, or a $19.99 day pass.
What you unlock
- Where Colorado's 2026 land-use agenda actually died
- What the two bills together tell a board about preemption
- What this leaves in place
and 1 more section in detail
Already a subscriber? Sign in
Recurring monthly subscription · Cancel anytime · Need help?
Related Colorado HOA Topics
- HB26-1308, "Lot Splitting Approval by Subject Jurisdictions" — bill page, status, votes and the common interest community exclusion, Colorado General Assembly ↩
- HB26-1114, "Allowed Minimum Lot Size for Subject Jurisdictions" — bill page and status, Colorado General Assembly ↩
- HB24-1152 signed act, adding C.R.S. 38-33.3-106.5(4) and 24-67-105(5.3) — the one Colorado statute that voids association ADU restrictions ↩
- City of Arvada FAQ on the six-city lawsuit against the State of Colorado ↩
Stay on top of Colorado HOA law
Every week: new Colorado legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.