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Wellington staff to propose voluntary watering guidelines; board hears statute on HOA enforcement
Summary
Town staff previewed in advance of an April work session proposed voluntary watering guidelines and explained a Colorado statute that prevents HOAs from fining residents who are watering in compliance with local rules; trustees expressed support for guidelines over mandatory restrictions for 2025.
WELLINGTON, Colo. — Town staff told the Board of Trustees on March 25 they plan to bring voluntary watering guidelines for discussion at an April work session, and clarified how state law limits homeowners-association enforcement when local water-use rules are in place.
Dan Sapienza (town staff) reviewed Wellington’s recent watering-history. He said mandatory restrictions were used in recent years because the town’s water treatment capacity was limited while projects were underway, but that the 2025 water-plant capacity situation does not currently require mandatory restrictions. Sapienza said the town could instead present guidelines this year to encourage conservation without invoking mandatory limits.
Sapienza also summarized a provision he identified in Colorado law and read aloud a citation during the meeting: ‘‘Colorado revised statutes 38, 30 3.33021 k 2’’ (as read in the meeting). He said that where a local government has restrictions or guidelines in place, an HOA cannot fine a resident for following those local restrictions — for example, if the town allows watering on certain days and a property owner waters on those days, an HOA may not fine the owner for a resulting brown lawn. Sapienza cautioned that the property owner bears the burden of proving compliance to an HOA.
Trustees expressed support for “guidelines” language rather than mandatory restrictions for 2025, with several members noting that guidance would be consistent with the town’s 2018 water efficiency plan and regional drought considerations. Staff said a fuller discussion with timing and details would come at the April meeting where watering measures are customarily considered.
