Colorado HOAs are still shut out of state disaster mitigation money after SB26-049 died
Colorado HOAs are still shut out of state disaster mitigation money after SB26-049 died
2026-09-10 · Colorado · Legislation · Did not pass
A bipartisan bill that would have let Colorado homeowners associations apply for state natural-disaster mitigation money cleared its policy committee 7–2 and then died on cost. SB26-049 was laid over unamended in the Senate Committee on Appropriations on May 14, 2026, the day after the session adjourned sine die. Its status is Lost.1
The consequence is a gap that matters most to exactly the communities least able to absorb it: Colorado condominium and townhome associations own the roofs, carry the master policy and hold the deductible, and remain ineligible for the state mitigation fund.
The one-line change that would have done it
Current C.R.S. 24-33.5-1619 limits an “eligible entity” of the natural disaster mitigation enterprise to “a governing subdivision of the state, including counties, municipalities, school districts, and special districts.” The bill would have added:
“(II) a homeowners' association or an individual homeowner that implements or intends to implement natural disaster mitigation measures.”2
It correspondingly rewrote the enterprise's business purpose to provide technical assistance to “local governments, homeowners' associations, and individual homeowners.”
Hard standards, not vague ones
The bill did not leave “mitigation” open-ended. New C.R.S. 24-33.5-1619(2)(f.5) defined “impact-resistant roofing material” as material “tested and certified through the Underwriters Laboratories 2218 standard for impact resistance of prepared roof covering materials as a class four material and designed for hail resistance.”
New paragraph (2)(h) defined a “property-specific mitigation action” as one “demonstrated by the ‘wildfire prepared home’ designation from the Insurance Institute for Business and Home Safety or by a similar mitigation program that includes a verification and certification process” — the same standard Colorado's live wildfire risk-score statute uses.
The catastrophe savings account, with a real number
The bill's second half was a tax instrument. It would have added C.R.S. 39-22-104(4)(ff): for tax years beginning on or after January 1, 2027 but before January 1, 2037, a state income-tax subtraction “equal to the amount that a taxpayer contributed to a catastrophe savings account during the income tax year, not to exceed fifty thousand dollars.”
Interest earned by the account would have been exempt from tax, and the account “is not subject to attachment, levy, garnishment, or legal process in the state.” A taxpayer “may establish only one catastrophe savings account,” usable for insurance deductibles and uninsured losses from “hail, wildfire, or other catastrophic wind event,” and for mitigation actions.
For an owner in a Colorado condominium facing the deductible-allocation provisions in a declaration, a shielded, tax-advantaged account earmarked for exactly that exposure would have been the first purpose-built savings vehicle the state offered.
Why it died, and why that matters for 2027
It did not lose on the merits. Senate Finance referred it amended 7–2 on April 14, 2026. Three fiscal notes were prepared — March 2, April 24 and a final on September 3, 2026 — plus a budget staff analysis. It was then laid over unamended in Appropriations, which is how a bill with a fiscal note dies in a deficit year.
And 2026 was a deficit year by a wide margin. Colorado entered the session with roughly an $800 million shortfall on top of a $1.2 billion gap the year before; by March the deficit exceeded $1 billion, driven largely by Medicaid. The Joint Budget Committee cut Medicaid provider rates, capped eligibility on one programme, withheld roughly $300 million in TABOR refunds, and temporarily dropped the reserve requirement from 15% to 13%. A $50,000-per-year income-tax subtraction running for a decade was never going to survive that calendar.
Three bills relevant to this audience died the same way on the same day — SB26-049, HB26-1204 on senior housing cooperatives, and SB26-089 to recreate the Wildfire Matters Review Committee. All three cleared their policy committees on bipartisan votes and were killed in Appropriations on May 14, 2026.
What Colorado associations have instead
Two things, neither of them this.
A mitigation-credit mechanism, not a mitigation fund. HB25-1182 took effect July 1, 2026 and requires insurers using wildfire risk models to build property-specific and community-level mitigation into those models or provide discounts for it, with a ten-day and thirty-day appeal clock. It moves the price of insurance, not the cost of the work.
A hail-roof grant programme that runs to homeowners. SB26-155, signed June 4, 2026, creates the Strengthen Colorado Homes Enterprise inside the Division of Insurance, funded from January 1, 2027 by a fee equal to 0.5% of insurers' multiperil homeowners premium, with at least 85% of that revenue allocated to homeowner grants for resilient roofs. Whether an association-owned roof qualifies is not answered by the act or by the Division's announcement — the open question of the year for condominium boards.
So the structural problem SB26-049 identified is still there: in an attached community the association holds the mitigation obligation and the deductible, and the state's mitigation money is addressed to counties, municipalities, school districts, special districts and — through SB26-155 — individual homeowners.
What to watch next
SB26-049 is the most likely of the 2026 dead bills to return, because a Snyder–Frizell bipartisan product that cleared Finance 7–2 and lost only on cost is a bill waiting for a better revenue year. No sponsor statement confirming a refile has been located, and the 2026 election means substantial legislative turnover before January.
The nearer-term watch item is the SB26-155 board's rule-making, due after appointments land by January 1, 2027. If it defines “Colorado homeowners” and “residential property” to reach association-maintained roofs, much of what SB26-049 was for arrives anyway, through the insurance department rather than the disaster-mitigation enterprise.
Related Colorado HOA Topics
- SB26-049, "Homeowner Natural Disaster Mitigation" — bill page, status, committee votes and fiscal notes, Colorado General Assembly ↩
- SB26-049 introduced bill text (source of the quoted eligible-entity language, the UL 2218 Class 4 standard and the $50,000 cap) ↩
- SB26-155 final act text, new C.R.S. 10-4-2001 through 10-4-2005 (the Strengthen Colorado Homes Enterprise) ↩
- "End of the Line: Colorado 2026 Session Defined by Budget Deficit, Pending Turnover," Brownstein Hyatt Farber Schreck — session budget context ↩
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