Your HOA Cannot
Block Your Xeriscape.
Colorado has enacted four major laws protecting homeowners' right to drought-tolerant landscaping. Here's what your HOA can and absolutely cannot do, and what to say if they push back.
The Laws That Protect You
HOAs Cannot Ban Xeriscaping
This law established the baseline: homeowners associations are prohibited from banning drought-tolerant landscaping outright. If your HOA's governing documents include a blanket prohibition on xeriscape or low-water landscaping, that provision is unenforceable under Colorado law.
- HOAs cannot require the maintenance of live grass in yards
- Drought-tolerant plants, native plants, and xeriscaping cannot be banned
- Applies to all Colorado HOA communities regardless of when their documents were written
HOAs Must Provide Approved Water-Wise Designs
Building on HB19-1050, SB23-178 added affirmative requirements for HOAs. They must now proactively support water-wise landscaping rather than simply tolerating it. The law significantly limits the types of conditions HOAs can impose on xeriscape projects.
- Applies to detached single-family HOA communities (condo and townhome communities have more limited protections)
- HOAs must provide homeowners with at least 3 approved water-wise landscape design options
- HOAs cannot reject a xeriscape project that meets water conservation guidelines
- HOAs may still require reasonable aesthetic standards (plant heights, borders, etc.) but cannot block conversion
- HOAs cannot require a minimum amount of live turf grass
- Vegetable gardens in backyards are protected from HOA restrictions
Non-Functional Turf Banned in Commercial, Public & HOA Common Areas
SB24-005 prohibits decorative turf in commercial developments, public spaces, and HOA common areas — directly affecting how associations manage shared landscaping. This is the first Colorado law to mandate xeriscape-compatible landscapes in spaces that HOA residents see daily, creating a significant cultural shift.
- Non-functional turf banned in commercial developments, public spaces, and HOA common areas
- HOA boards may no longer plant or maintain decorative turf in shared common spaces
- Creates direct visual normalization of xeriscape for homeowners inside HOA communities
- Signals the direction of future residential legislation
State Funding for Lawn Replacement
Colorado allocated $2 million specifically to support homeowners replacing water-intensive lawns. This funded many of the utility rebate programs covered on this site, demonstrating strong bipartisan support for xeriscape conversion at the state level.
- $2M state allocation for homeowner lawn replacement incentives
- Funded the expansion of utility rebate programs across the Front Range
- Established state-level support as a platform for future funding
What Your HOA Can & Cannot Do
Design Approval Requirements
LEGALHOAs can still require you to submit design plans for approval. However, they cannot reject plans that meet water-wise standards. They must approve or request minor adjustments.
Aesthetic Standards (heights, borders)
LEGALHOAs may enforce reasonable aesthetic requirements like plant heights, defined bed borders, or maintenance standards. These cannot be used as a pretextual denial of your xeriscape plan.
Banning All Non-Grass Lawns
ILLEGALFully illegal under HB19-1050. Any HOA rule that requires live grass or bans non-grass alternatives is unenforceable. You can landscape with native plants, rock, mulch, or drought-tolerant plants regardless of such rules.
Rejecting Any Xeriscape Design
ILLEGALUnder SB23-178, HOAs cannot flat-out reject a xeriscape plan that meets conservation guidelines. They must either approve it or provide you with approved alternative water-wise design options.
Requiring Minimum Live Turf
ILLEGALHOAs cannot require that a certain percentage of your yard contain live turf grass. This directly conflicts with the intent and language of both HB19-1050 and SB23-178.
Fining for Removing Grass
ILLEGALYou cannot be fined for removing irrigated grass and replacing it with drought-tolerant landscaping. Any existing HOA fine structure that penalizes this is unenforceable.
What to Do If Your HOA Objects
Reference the Law Directly
Cite HB19-1050 and SB23-178 by name in writing to your HOA board. Many boards are simply uninformed. A written legal reference often resolves the issue immediately.
Request a Formal Written Denial
If the HOA says no verbally, request their rejection in writing with specific reasons. A legally knowledgeable board won't put an illegal denial in writing.
Contact the Colorado HOA Office
The Colorado HOA Information & Resource Center (DORA) provides mediation and can issue guidance. Filing a complaint costs nothing and often motivates boards to reconsider.
Let Us Help
Colorado Xeriscape has navigated HOA approvals across the metro. We can provide documentation, design plans that meet aesthetic requirements, and communication templates that make approval more likely.
HOA or Not: You Can Xeriscape
Colorado law is on your side. Get a free estimate and we'll guide you through the HOA approval process alongside your city rebate application.
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