Drought Restrictions and Covenant Enforcement Landscaping Maintenance

Community associations (“associations”) and Special Districts (“districts”) generally have the authority to enforce any landscaping maintenance requirements pursuant to their governing documents. However, Colorado’s hot and dry summers can and do result in municipal, county, and/or state-wide drought-related watering restrictions. Such restrictions can range from advisory watering restrictions issued to property owners within municipal, county, or state boundaries, to mandatory watering restrictions issued to such property owners. In March of this year, the Denver Board of Water Commissioners (“DBWC”) issued mandatory watering restrictions limiting watering to two days a week due to Stage 1 drought conditions. Additionally, DBWC recently announced on August 26, 2026 that the resolution restricting watering has been amended to ban lawn watering altogether beginning October 1, 2026. Denver’s lawn watering ban will remain in effect until the DBWC determines how and when lawn watering can resume, which means sprinklers need to remain off until the DBWC issues any update.

The Colorado Common Interest Ownership Act (“CCIOA”) provides guidance for associations in this situation. CCIOA provides that, “nothing … precludes the executive board of a common interest community from taking enforcement action against a unit owner who allows his or her existing landscaping to die or go dormant; except that: (I) no enforcement action shall require that a unit owner water in violation of water use restrictions declared by the jurisdiction in which the common interest community is located…” C.R.S. 37-60-126(11)(c). [emphasis added.]

This guidance applies similarly to Special Districts. “…[The] water conservation policy set forth in section C.R.S. 37-60-126 (11) applies to all land within a special district that is not used as a playing surface for organized sports activities.” C.R.S. 32-1-110.

As a result, both associations and districts are generally prohibited by state law from penalizing property owners for having dormant, brown lawns or for allowing landscaping to die as a result of mandatory drought restrictions.

However, associations and districts may still fine property owners if they are not in compliance with the municipal, county, and/or state-wide drought-related watering restrictions. For example, if a municipality issued a water restriction stating lawns may only be watered Mondays and Thursdays in order to conserve water, associations and districts may require proof that property owners are watering every Monday and Thursday in accordance with that restriction. If the property owner cannot show that they are in compliance with the watering restrictions (typically via video or photo evidence of their irrigation system watering on required days), the associations and districts may still be able to fine the property owner for non-compliance with their landscaping standards, even if watering restrictions are in effect. C.R.S. 38-33.3-302(k)(II), still permits communities to establish a baseline watering schedule even during periods of intense drought.

When it comes to municipal, county, or state-wide watering restrictions or bans, association governing documents play second fiddle. When in doubt reach out to your community’s manager or trusted legal advisor to weigh in on the situation.