HB21-1229 Summary

• Prohibits homeowners associations from banning xeriscape, drought-tolerant vegetation, or nonvegetative turf grass in residential property backyards; associations may only restrict placement to rear yards and enforce design guidelines that do not prohibit these options.

• Establishes that renewable energy generation device review periods cannot exceed 60 days after application, with automatic approval if not denied or returned for modifications within that timeframe; aesthetic restrictions must not increase costs by more than 10 percent or decrease performance by more than 10 percent.

• Requires associations to maintain records of all unique and extraordinary fees, assessments, and expenses charged in connection with unit purchases or sales (including transfer fees, record change fees, and status letter charges).

• Imposes penalties of $50 per day (up to $500 maximum or actual damages, whichever is greater) if associations fail to provide record inspection or copying within 30 calendar days of a written request.

• Exempts associations that include time share units from all new requirements; act takes effect 90 days after adjournment unless subject to referendum petition, in which case it requires voter approval in November 2022.