Colorado has seen its fair share of wildfires and wildfire destruction. On December 30, 2021, the most destructive fire in Colorado history, the Marshall Fire, burned through the town of Superior, the neighboring city of Louisville, and parts of unincorporated Boulder County. Homes and businesses were damaged and destroyed, and significant portions of the surrounding environment, including the Marshall Mesa and Davidson Mesa, were substantially altered.
To help empower homeowners of common-interest communities (“HOAs”) and to safeguard and protect their properties, the Governor signed House Bill 24-1091 into law on Tuesday, March 12, 2024. HB24-1091 generally prohibits covenants and other restrictions that disallow the installation, use, or maintenance of fire-hardened building materials in residential real property, including in common interest communities.
You may be wondering what exactly constitutes a “fire-hardened building material”. “Fire-hardened building material” means any material(s) that meet one of the following three (3) criteria:
1. The criteria of ignition-resistant construction set forth in sections 504 to 506 of the most recent version of the International Wildland-Urban Interface Code;
2. The criteria for construction in wildland areas set forth in the most recent version of the NFPA Standard 1140, “Standard for Wildland Fire Protection”, and the criteria for reducing structure ignition hazards from wildland fire set forth in the most recent version of the NFPA Standard 1144, “Reducing Structure Ignitions from Wildland Fire”; or
3. The requirements for a wildfire-prepared home established by the IBHS.
See § 38-33.3-106.5(e)(I), C.R.S.
“NFPA” is defined as the National Fire Protection Association (or its successor organization), and “IBHS” is defined as the Insurance for Business and Home Safety (or its successor organization).
This new law also permits a unit owners’ association to adopt and enforce reasonable standards regarding the design, dimensions, placement, and external appearance of a fire-hardened building material used for fencing at a unit owner’s property so long as the standards do not:
1. Increase the cost of the fencing by more than ten (10) percent compared to other fire-hardened building materials used for fencing; or
2. Require a period of review and approval that exceeds sixty (60) days after the date on which the application for review is filed.
See § 38-33.3-106.5(c)(I), C.R.S.
The individual (or group of individuals) in the common-interest community charged with reviewing and deciding such applications by a unit owner for fire-hardened building materials should ensure any approval or denial of such application is not done arbitrarily or capriciously.
According to this new law, the association may also adopt bona fide safety requirements that are consistent with applicable safety codes or nationally recognized safety standards. In addition, a unit owner does not have a right to construct or place fire-hardened building materials on property that is: (1) owned by another person, (2) leased (except with permission of the lessor), or (3) considered a limited common element or general common element of the common-interest community.
With the passage of this law, which is effective immediately, homeowners residing within common-interest communities in Colorado should have greater flexibility and freedom in selecting fire-resistant materials that may help protect their property from destructive wildfires.
For more information about the bill visit:
HB24-1091