Can Your HOA Enforce Lawn Rules? Denver7 Asked Robinson & Henry

As Colorado communities deal with ongoing drought conditions and mandatory water restrictions, many homeowners are wondering: Can a homeowners' association enforce landscaping rules when residents are told to conserve water?

Denver7 sought legal insight into the issue and turned to Robinson & Henry Real Estate Partner Boyd Rolfson. He explains what Colorado law says about the balance between HOA covenants and state-mandated water restrictions in the story Ken Caryl Ranch homeowners caught between drought restrictions and HOA landscaping rules.

The story focused on homeowners in Ken-Caryl Ranch who received courtesy notices from their HOA regarding lawn conditions, despite Denver Water's two-day-per-week watering restrictions. While the HOA emphasized that the notices were not fines and were intended to start conversations with homeowners, the situation raised broader legal questions about how far homeowners’ associations can go during periods of drought.

According to Rolfson, Colorado law provides important protections for homeowners.

"During those times of drought when there are local and state rules, the state law and homeowners associations are under the law have to suspend their enforcement actions for those landscaping purposes," Rolfson said.

Rolfson explains a key legal principle that many homeowners may not realize. When government-imposed drought restrictions limit watering, those regulations take precedence over HOA landscaping enforcement. Associations cannot require residents to violate water restrictions simply to maintain green lawns.

While homeowners may have legal protections during drought conditions, Rolfson noted that HOAs can still address legitimate safety concerns, including vegetation that could increase wildfire risk.

That doesn't mean homeowners are expected to ignore water restrictions.

"Maintenance and preventing those wildfires can be done at off times or during those watering times, or even done not on an automated system, but by hand," Rolfson said.

Rolfson adds that wildfire mitigation and water conservation are not mutually exclusive. Homeowners can continue maintaining their property in ways that comply with both local watering rules and reasonable safety expectations.

For residents who receive a notice from their HOA, Rolfson recommends keeping detailed records of watering activity, including the days, times, and frequency of irrigation. That documentation can help demonstrate compliance with local restrictions if questions arise about the condition of a property's landscaping.

Also, homeowners should remember that these protections are tied to the existence of drought restrictions. Once those restrictions are lifted, HOA governing documents and landscaping requirements remain enforceable.

State law provides guidance during drought emergencies, and understanding those rights can help prevent unnecessary disputes between homeowners and their associations.

As Colorado continues to face increasing pressure on water resources, questions surrounding HOA authority, property maintenance, and homeowner rights are likely to become more common. 

If you've received an HOA notice related to landscaping, covenant enforcement, or property maintenance and aren't sure whether it complies with Colorado law, speaking with an experienced real estate attorney can help you understand your rights and your options.

Contact us today to discuss your situation and learn about your legal options. Call 866-530-2677 or book your consultation online to begin.