Author: Dianne DeLongchamps
Can my HOA force me to keep a traditional grass lawn?
Not entirely, as of Aug. 7, 2023. Colorado’s SB23-178 says an HOA’s governing documents can’t ban non-vegetative turf grass in a backyard, must offer homeowners an option of at least 80 percent drought-tolerant plantings, and can’t require hardscape on more than 20 percent of the landscaped area. HOAs can still require design review and reasonable maintenance standards. The law only applies to single-family detached homes, not attached homes or condos.
This is general information about HOAs Colorado. HOA rules vary a lot, and how SB23-178 applies to your situation depends on your HOA’s own documents. Always check your actual HOA rules, and talk to a lawyer if you need advice specific to your property.
We regularly work on the lawn side of hybrid designs for homeowners across Fort Collins, Windsor, and Timnath who are having exactly this kind of HOA conversation: a smaller, well-maintained lawn of turf-type tall fescue or Kentucky bluegrass, on our organic treatment program, with mowing height advice of no less than 3 inches (3.5 inches in July and August).
What SB23-178 actually requires
The bill is called “Concerning removing barriers to water-wise landscaping in common interest communities.” It was signed May 17, 2023, and took effect Aug. 7, 2023, according to the Colorado Division of Real Estate. Beyond the backyard turf grass, 80% drought-tolerant, and 20% hardscape rules above, the law also requires HOAs to pre-approve at least three garden designs for front yards, and it stops HOAs from banning vegetable gardens anywhere on the property.
What HOAs can still regulate
The law doesn’t take away all HOA authority. According to the bill’s own summary from Colorado’s Legislative Council Staff, associations “may adopt and enforce design or aesthetic guidelines or rules” for drought-tolerant landscaping and can “regulate the type, number, and placement” of those plantings. They can also restrict non-vegetative turf grass to rear-yard locations only, rather than allowing it anywhere on the lot. Since HOAs still have to pre-approve garden designs, they clearly keep some design-review power, and covenants can still set reasonable standards for tidiness and materials, applied evenly to everyone. What an HOA generally can’t do anymore is flatly ban backyard turf grass, refuse a drought-tolerant option outright, or push hardscape requirements past 20 percent of the lot.
Who this applies to
SB23-178 covers single-family detached homes. It does not apply to attached homes that share a wall with another unit, so townhomes and condos fall outside these specific protections.
Why this matters for Fort Collins, Windsor and Timnath homeowners
Any HOA rules written before Aug. 7, 2023, came before this law existed. If your documents still read like they require a fully sodded yard, SB23-178 gives you real legal footing to ask for a change. It’s still worth approaching the conversation as a team effort. A hybrid design with a smaller lawn and drought-tolerant plantings is often the easiest version to get approved.
How we can help
We’re not attorneys and can’t give legal advice. What we can do is keep the lawn part of a hybrid, HOA-friendly design genuinely healthy with the right grass types, organic fertilization and mowing height advice, so that part of the plan holds up to design review as well as the plantings do.
HOA rules can feel like a lot to deal with. We’ve sat at enough kitchen tables with frustrated homeowners to know it firsthand. We’re glad to help with the lawn side of a plan that respects your HOA’s process while getting you the yard you actually want.
Clean Air Lawn Care Northern Colorado is owned by Dianne, Paul, and Luke DeLongchamps — a family business serving Fort Collins, Windsor, and Timnath with organic lawn treatments and solar-powered electric equipment.
