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Colorado's turf law names common interest community property — and most boards misread it

Colorado · Regulation

Colorado's turf law names common interest community property — and most boards misread it

Colorado's nonfunctional turf prohibition names common interest community property expressly, and it has been operative since January 1, 2026 — but it does not say what most boards assume it says. HB25-1113 was signed May 20, 2025 and took effect August 6, 2025, extending the regime SB24-005 created. Its sponsors were Representatives Lesley Smith and Karen McCormick with Senator Dylan Roberts.1

What the regime actually prohibits

Under SB24-005, on and after January 1, 2026, local entities may not install or allow the installation of nonfunctional turf, artificial turf, or invasive plant species on commercial, institutional or industrial property, common interest community property, or a street right-of-way, parking lot, median or transportation corridor.

HB25-1113 extends the regime to multifamily residential premises with more than twelve dwelling units beginning January 1, 2028, and requires local entities to enact or amend their own development regulations accordingly by that date.

The three things boards get wrong

It is a duty on local entities, not a command to a board. Cities, counties and districts are the addressees. The statute does not make an association liable for anything, and no state agency enforces it against an association.

No existing turf must be removed. The prohibition is on installation, in new or redeveloped projects. A Colorado community with an established bluegrass common area is not required to tear it out.

And it does not let a board force turf on anyone. Running the other way, Colorado's water-wise landscaping provisions in C.R.S. 38-33.3-106.5, added by SB23-178, provide that an association “may not prohibit the use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes to provide ground covering to property.” A board enforcing a must-maintain-living-lawn covenant against an owner who wants to convert is on the wrong side of law that predates all of this.

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Related Colorado HOA Topics

← All Colorado HOA Topics

  1. HB25-1113, "Limit Turf in New Residential Development" — bill page, sponsors, signing and effective dates, Colorado General Assembly ↩
  2. SB24-005 — bill page, the underlying nonfunctional turf prohibition naming common interest community property ↩
  3. HB25-1113 summary, Colorado Division of Real Estate, HOA Information and Resource Center ↩
  4. SB23-178, "Water-wise Landscaping in Homeowners' Association Communities" — bill page, Colorado General Assembly ↩
  5. Denver Resilient Landscapes text amendment project page, City and County of Denver (scope and timeline) ↩
  6. Ordinance No. 22, Series of 2025 (Non-Native Turf), Town of Basalt ↩

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