The HBA Advocate Newsletter | April 5, 2022

April 5, 2022

Commerce City Council Reconsiders HOA requirement for Residential Development

On Tuesday, April 29, the Commerce City Council considered a draft ordinance that would require all new residential development within the municipality to establish a home owners association (HOA). While the related staff memo provided a general overview of what a potential ordinance might look like, it did not provide any analysis on the broader policy, financial or legal implications this new requirement would impose.

The HBA of Metro Denver had considerable concerns with the draft ordinance and the rational for creating this uniform requirement. Like most municipalities in Colorado, developments in Commerce City are governed by district boards that are already permitted to provide covenant enforcement and design-review services. District boards offer many additional benefits to residents that often make them preferable HOAs.

Prior to the City Council hearing last week, the HBA submitted a formal letter to City Council articulating our concerns and why the proposed ordinance was unnecessary. Fortunately, a majority of the Council agreed with our analysis and decided to postpone consideration on this measure indefinitely. City Council did comment that they may consider “alternatives” when they take up a metro district reform proposal currently being considered or through the City’s comprehensive plan update. The HBA will continue to closely monitor these proposals in Commerce City.

City of Aurora and Town of Castle Rock to Consider New Water Conservation Measure for New Residential Development

Both the City of Aurora and Town of Castle Rock are considering water-conservation measures for new residential development that would prohibit the use of turf in front yards and significantly reduce the permissible total square footage of turf in backyards to the lesser of 450 square feet or 45 percent of the total lot. Although Castle Rock has yet to prepare a formal ordinance, the town has reached out to the HBA to notify active builders of its intentions to impose new restrictions later this year. In Aurora, no such notification was provided and a draft ordinance has already been introduced before the Water Policy Committee for consideration. In response, the HBA submitted a formal comment letter to the City Council requesting an opportunity for genuine stakeholder input and engagement.

This issue has also been added as an agenda item to our Aurora Joint Taskforce meeting on Thursday, April 7, and all HBA members who have questions or concerns about the proposed ordinance are encouraged to attend. If you have any questions about this meeting, please contact Morgan Cullen and mcullen@hbadenver.com

The HBA will continue to keep our members updated on this issue in both municipalities as they move forward.

City of Aurora Implements Red Tape Reduction Committee

The Aurora City Council has established an Adhoc Red Tape Roundup Committee in an effort to streamline and improve business processes within the municipality. While the HBA is encouraging all members to participate in the committee process and provide their own feedback, we have also finalized the HBA’s formal comments on behalf of the association that will be submitted this week.

The committee will be evaluating city practices within the areas of Rules/Regulations, Taxes/Fees and Municipal Processes. The HBA has collectively identified a number of priorities that will greatly assist the residential-construction industry within the City of Aurora, which are included in the formal comments. We are also planning to participate in the formal committee meetings and have signed up to testify during the committee’s April 20 meeting. This presents the HBA and our active builders with a great opportunity to help streamline city processes in a high priority municipality within our jurisdiction, and I am looking forward to our continued collaboration.

Any HBA members who would like to submit their own written comments or provide testimony at one the committee hearings is encouraged to do so. More information is available on the committees’ web page by clicking here.

HBA of Metro Denver Issue Tracker
Questions on what is happening in a specific city or county? The HBA is regularly monitoring the council and board activities in every political subdivision in the metro Denver area. Our Issue Tracker offers a great resource to learn about the issues being deliberated with links to agendas, packets and ordinances. The HBA of Metro Denver HBA Issue Tracker is available  to all members here.

All of the HBA of Metro Denver's Regulatory and Technical Committees are meeting regularly – Join today and make your voice heard!

As a volunteer-driven organization, the HBA's Jobsite Safety Committee, Permitting Committee, Regulated Utilities Committee and Stormwater Management Committee help guide the HBA's events and activities throughout the year. Consider joining one — or more — if you want to build strong, long-lasting relationships and make a difference to your fellow HBA members, while sharpening your leadership skills. Please visit the HBA website for more information or reach out to Morgan Cullen if you are ready to participate.