On July 8th, 2020, Governor Polis signed into law Senate Bill 20-126. SB20-126 amended the Colorado Common Interest Ownership Act ("CCIOA") to include protections for licensed operators of family child care homes.
SB20-126 amended §38-33.3-106.5 of the CCIOA. This section now includes §38-33.3-106.5(k), which states that despite any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit the operation of a licensed family child care home, as defined in section 26-6-102(13).
A "family child care home" is defined by §26-6-102(13) as a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen years who are not related to the head of such home. "Family child care home" may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the state board pursuant to section 26-6-106 (2)(p), as the state board deems necessary and appropriate.
In addition to the above, §38-33.3-106.5(k) also:
- Permits an association to require operators of family child care homes to carry liability insurance;
- Requires an association to make reasonable accommodations for fencing requirements applicable to licensed family child care homes;
- Specifically states that subsection (k) does not supersede any of the association's regulations concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se.