Sen. Sarah Gelser Blueen urges bill to let homeowners remove fire‑prone fencing despite HOA rules

Sen. Sarah Gelser Blueen, the bill’s sponsor, told the House Committee on Housing and Homelessness on Feb. 26 that Senate Bill 15‑51A aims to reduce wildfire risk by allowing homeowners to remove or replace exterior materials that directly touch a residence even if a homeowners association (HOA) would otherwise prohibit that work.

“Our fences are there to protect us or to protect our homes, not to ignite them,” Sen. Sarah Gelser Blueen said, summarizing why she brought the bill after seeing fences that acted “like a wick” for fire in a Colorado investigation. She said the measure targets exterior elements such as fences, siding and roofing materials that can increase wildfire vulnerability and that it was prompted by constituent concerns as wildfires press closer to neighborhoods.

The sponsor said the bill does not let a homeowner remove a neighbor’s fence or permit changes that would create an unreasonable aesthetic disruption. Under the version discussed in committee, an HOA could still require replacement fencing and could apply aesthetic rules, but it “cannot require something that costs substantially more than other fire‑hardened building materials of similar quality such that the cost practically prevents the owner from using fire‑hardened building materials,” Sen. Gelser Blueen said. The bill sets a default response window for HOAs: if an HOA does not approve or deny a homeowner’s request within 90 days, the request is treated as approved.

The sponsor said the statute points to the National Fire Protection Association’s guidance as a place homeowners and HOAs can look for acceptable materials, and emphasized that the measure is voluntary and not intended to create new enforcement duties for fire marshals or building code divisions. “This ensures that people can have fences that are protective and not inflammatory,” she said.

Committee members asked about cost comparisons and whether the bill would allow visually conspicuous replacements such as a shiny metal roof. Sen. Gelser Blueen replied that the bill explicitly preserves reasonable aesthetic controls while preventing HOAs from blocking use of fire‑hardened materials.

Vice Chair Anderson moved SB 15‑51A to the House floor with a “do pass” recommendation; the clerk conducted roll call and the motion passed. The committee solicited a House floor carrier for the bill.

What happens next: The committee advanced SB 15‑51A to the House floor for further consideration. If the bill is scheduled on the House calendar, the assigned carrier must present the motion on the floor and any additional amendments or debate will occur there.