(1) In addition to the powers specified in section 32-1-1001, the board of any metropolitan district has the following powers for and on behalf of such district:
(a) To enter into contracts with public utilities, cooperative electric associations, and municipalities for the purpose of furnishing street lighting service;
(b) To erect and maintain, in providing safety protection services, traffic and safety controls and devices on streets and highways and at railroad crossings and to enter into agreements with the county or counties in which a metropolitan district is situate or with adjoining counties, the department of transportation, or railroad companies for the erection of such safety controls and devices and for the construction of underpasses or overpasses at railroad crossings;
(c) To finance line extension charges for new telephone construction for the purpose of furnishing telephone service exclusively in districts which have no property zoned or valued for assessment as residential;
(d) To finance payment of incremental directional drilling costs for oil and gas wells drilled within the greater Wattenberg area, as that term is defined in section 24-65.5-102, C.R.S;
(e) A metropolitan district that provides fire protection services may establish, in its discretion, a program to require the removal of vegetative fuel from privately owned real property within the boundaries of the district, as specified in section 32-1-1001 (1)(i) for fire protection districts, and a metropolitan district that provides fire protection services and that establishes a program pursuant to section 32-1-1001 (1)(i) shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A metropolitan district providing fire protection services shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.
(2) A metropolitan district shall provide two or more of the following services:
(a) Fire protection as specified in section 32-1-103 (7);
(b) Elimination and control of mosquitoes;
(c) Parks or recreational facilities or programs as specified in section 32-1-103 (14);
(d) Safety protection through traffic and safety controls and devices on streets and highways and at railroad crossings;
(e) Sanitation services as specified in section 32-1-103 (18);
(f) Street improvement through the construction and installation of curbs, gutters, culverts, and other drainage facilities and sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street improvements;
(g) Establishment and maintenance of television relay and translator facilities;
(h) Transportation as specified in subsection (5) of this section;
(i) Water and sanitation services as specified in section 32-1-103 (18), (24), and (25);
(j) Water as specified in section 32-1-103 (25);
(k) Solid waste disposal facilities or collection and transportation of solid waste as specified in section 32-1-1006 (6) and (7).
(3) Any metropolitan district providing services specified in paragraph (a), (c), (e), (i), or (j) of subsection (2) of this section shall have all the duties, powers, and authority granted to a fire protection, park and recreation, sanitation, water and sanitation, or water district by this article, except as provided in subsection (4) of this section.
(4) A metropolitan district may have and exercise the power of eminent domain and dominant eminent domain and, in the manner provided by article 1 of title 38, may take any property necessary to the exercise of the powers granted, both within and without the special district, only for the purposes of fire protection, sanitation, street improvements, television relay and translator facilities, water, or water and sanitation, except for the acquisition of water rights, and, within the boundaries of the district, if the district is providing park and recreation services, only for the purpose of easements and rights-of-way for access to park and recreational facilities operated by the special district and only where no other access to such facilities exists or can be acquired by other means. A metropolitan district shall not exercise its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area.
(5) The board of a metropolitan district has the power to establish, maintain, and operate a system to transport the public by bus, rail, or any other means of conveyance, or any combination thereof, and may contract pursuant to part 2 of article 1 of title 29. The board of a metropolitan district may not establish, maintain, or operate such a system of transportation in a county, city, city and county, or any other political subdivision of the state empowered to provide a system of transportation except pursuant to a contract entered into pursuant to part 2 of article 1 of title 29. The board of a metropolitan district not originally organized as having the power granted in this subsection (5) may exercise its power upon compliance with part 2 of this article 1. Notwithstanding any other provision of this subsection (5), the board of a metropolitan district shall not exercise the power under this subsection (5) until approved by the district court in compliance with part 2 of this article 1 and unless authorized, at a regular special district election or a special election held and conducted pursuant to article 13.5 of title 1, by a majority of the eligible electors of the district voting on the question of whether the board should exercise such power. The board of a metropolitan district which exercises the power granted in this subsection (5) shall provide transportation services only in the county or counties within which the boundaries of the metropolitan district lie.
(6) Notwithstanding anything in this article or any other law to the contrary:
(a) A metropolitan district may be formed within any part of the area within the regional transportation district, as described in section 32-9-106.1, for the single service of financing a system to transport the public by bus, guideway, or any other means of conveyance, or any combination thereof.
(b) A district created pursuant to paragraph (a) of this subsection (6) may be formed wholly or partly within an existing special district which provides or is authorized to provide the service of mass transportation if the improvements or facilities to be financed by such a district do not duplicate or interfere with any other improvements or facilities already constructed or planned to be constructed within the limits of the existing special district.
(c) The intergovernmental contract required by subsection (5) of this section shall not be required for such a district except where the county, city, or city and county or any other political subdivision of the state within which a system of transportation is to be financed is actually operating a system of transportation.
(d) Except as specifically modified by this subsection (6), all other provisions of this article shall apply to such a district.
(e) In accordance with section 32-1-307 (1), no tract of land of forty acres or more used primarily and zoned for agricultural uses shall be included in any metropolitan district providing parks or recreational facilities and programs that is organized under this article 1 without the written consent of the owners.
(7) The board of a metropolitan district has the power to furnish security services for any area within the special district. Such power may be exercised only after the district has provided written notification to, consulted with, and obtained the written consent of all local law enforcement agencies having jurisdiction within the area and any applicable master association or similar body having authority in its charter or declaration to furnish security services in the area. Any local law enforcement agency having jurisdiction within the area and any applicable master association or similar body having authority in its charter or declaration to furnish security services in the area may subsequently withdraw its consent after consultation with and providing written notice of the withdrawal to the board.
(8) (a) The board of a metropolitan district has the power to furnish covenant enforcement and design review services within the district if:
(I) The governing body of the applicable master association or similar body and the metropolitan district have entered into a contract to define the duties and responsibilities of each of the contracting parties, including the covenants that may be enforced by the district, and the covenant enforcement services of the district do not exceed the enforcement powers granted by the declaration, rules and regulations, or any similar document containing the covenants to be enforced; or
(II) The declaration, rules and regulations, or any similar document containing the covenants to be enforced for the area within the metropolitan district name the metropolitan district as the enforcement or design review entity.
(b) The board of a metropolitan district shall have the power to furnish covenant enforcement and design review services pursuant to this subsection (8) only if the revenues used to furnish such services are derived from the area in which the service is furnished.
(c) Nothing in this subsection (8) shall be construed to authorize a metropolitan district to enforce any covenant that has been determined to be unenforceable as a matter of law.
(d) In furnishing covenant enforcement and design review services pursuant to this subsection (8), the board of a metropolitan district shall comply with the procedural requirements set forth in section 32-1-1004.5.
(9) Except as limited by the service plan of the district, the board of a metropolitan district has the power to provide activities in support of business recruitment, management, and development within the district. A metropolitan district meeting the qualifications of this subsection (9) shall neither have nor exercise the power of eminent domain or dominant eminent domain for the purposes set forth in this subsection (9).
(10) (a) In addition to the excise tax imposed pursuant to article 28.8 of title 39, a metropolitan district with boundaries entirely within the unincorporated area of a county is authorized to levy, collect, and enforce a metropolitan district excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility. Such excise tax must be calculated based on the average market rate of the unprocessed retail marijuana. The tax shall be imposed at the time when the retail marijuana cultivation facility first sells or transfers unprocessed retail marijuana from the retail marijuana cultivation facility to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility.
(b) If the boundaries of a metropolitan district are within a county that imposes an additional excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility pursuant to section 29-2-114, the excise tax rate imposed by the metropolitan district pursuant to this subsection (10) shall not exceed such tax rate imposed by the county. In no event shall the tax rate imposed pursuant to this subsection (10) exceed five percent of the average market rate, as determined by the department of revenue pursuant to section 39-28.8-101 (1), of the unprocessed retail marijuana.
(c) No excise tax shall be levied pursuant to the provisions of paragraph (a) of this subsection (10) until the proposal has been referred to and approved by the eligible electors of the metropolitan district. Any proposal for the levy of an excise tax in accordance with paragraph (a) of this subsection (10) may be submitted to the eligible electors of the district at a regular special district election, on the date of the state general election, or on the first Tuesday in November of an odd-numbered year, and any election on the proposal must be conducted in accordance with the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S.
(d) Any retail marijuana excise tax imposed by a metropolitan district pursuant to this subsection (10) shall not be collected, administered, or enforced by the department of revenue, but shall instead be collected, administered, and enforced by the metropolitan district imposing the tax or through an intergovernmental agreement with the county in which the metropolitan district is located.
(11) A metropolitan district created on or after July 1, 2021, shall annually pay the state an amount equal to the total of all ad valorem credits claimed under section 39-29-105 (2)(b) for property taxes that are imposed by the metropolitan district. The state treasurer shall credit fifty percent of the payment to the state severance tax trust fund created by section 39-29-109, and fifty percent to the local government severance tax fund created by section 39-29-110, with these amounts further allocated in the same manner as the gross receipts realized from the severance taxes imposed on minerals and mineral fuels under the provisions of article 27 of title 39.
Source: L. 81: Entire article R&RE, p. 1597, � 1, effective July 1. L. 82: (6) added, p. 501, � 7, effective April 15. L. 87: (1)(c) added, p. 1239, � 1, effective April 22. L. 91: (1)(b) amended, p. 1070, � 45, effective July 1. L. 92: (5) amended, p. 888, � 127, effective January 1, 1993. L. 98: (2)(k) added, p. 1070, � 2, effective June 1. L. 2004: (7) and (8) added, p. 1065, � 1, effective May 21. L. 2007: (6)(a) amended, p. 834, � 3, effective May 14; (1)(d) added, p. 2122, � 9, effective August 3; (9) added, p. 938, � 1, effective August 3. L. 2008: (1)(d) amended, p. 1082, � 3, effective August 5. L. 2015: (10) added, (HB 15-1367), ch. 271, p. 1080, � 19, effective June 4. L. 2016: (9) amended, (HB 16-1011), ch. 110, p. 314, � 1, effective April 15; (5) amended, (SB 16-189), ch. 210, p. 789, � 94, effective June 6. L. 2017: (6)(e) added, (HB 17-1065), ch. 73, p. 232, � 2, effective August 9; (10)(a) and (10)(b) amended, (SB 17-192), ch. 299, p.1641, � 6, effective August 9. L. 2021: (11) added, (SB 21-281), ch. 255, p. 1493, � 2, effective June 18; (4) amended, (SB 21-262), ch. 368, p. 2430, � 5, effective September 7; (5) amended, (SB 21-160), ch. 133, p. 543, � 16, effective September 7. L. 2024: (8)(d) added (HB 24-1267), ch. 117, p. 377, � 2, effective August 7. L. 2025: (1)(e) added, (HB 25-1009), ch. 42, p. 199, � 4, effective August 6.
Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.
Cross references: For the legislative declaration in HB 15-1367, see section 1 of chapter 271, Session Laws of Colorado 2015. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.
32-1-1004.5. Metropolitan districts' covenant enforcement and design review services - requirements - prohibitions as against public policy - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Board means the board of a metropolitan district.
(b) Covenant enforcement and design review services means the covenant enforcement and design review services that a metropolitan district may provide in relation to residential property pursuant to section 32-1-1004 (8).
(c) Energy efficiency measure means a device or structure that reduces the amount of energy derived from fossil fuels that is consumed by a unit. Energy efficiency measure includes only the following types of devices or structures:
(I) An awning, shutter, trellis, ramada, or other shade structure that is marketed for the purpose of reducing energy consumption;
(II) A garage or attic fan and any associated vents or louvers;
(III) An evaporative cooler;
(IV) (A) Except as provided in subsection (1)(c)(IV)(B) of this section, an energy-efficient outdoor lighting device, including without limitation a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device.
(B) Subsection (1)(c)(IV)(A) of this section does not apply to covenant enforcement and design review services provided under an instrument that implements dark sky requirements for residential property that is a designated dark sky place, as defined in section 24-49.7-110 (2)(d).
(V) A retractable clothesline; and
(VI) A heat pump system, as defined in section 39-26-732 (2)(c).
(d) (I) Impartial decision-maker means a person or a group of persons:
(A) With the authority to make a decision regarding the enforcement of an instrument that a metropolitan district enforces pursuant to this section or section 32-1-1004 (8), including the enforcement of any architectural requirements; and
(B) That does not have any direct personal or financial interest in the outcome of the matter being decided.
(II) As used in this subsection (1)(d), personal or financial interest means that the impartial decision-maker, as a result of the outcome of the matter being decided, would receive a greater benefit or detriment than that of other unit owners subject to the same instrument.
(e) Instrument means the declaration, rules and regulations, or any other instrument that a metropolitan district enforces pursuant to this section and section 32-1-1004 (8).
(f) Local government means a statutory or home rule county, municipality, or city and county.
(g) Unit means a physical portion of a residential property that is designated for separate ownership or occupancy and is subject to an instrument.
(h) Unit owner means a person who owns a unit.
(2) (a) On or before January 1, 2025, except as provided in subsection (2)(d) of this section, a metropolitan district shall adopt a written policy governing the imposition of fines. In furnishing covenant enforcement and design review services, a board shall not impose a fine on a unit owner for an alleged violation of an instrument unless the fine is imposed in accordance with the written policy. The written policy:
(I) Must include a fair and impartial fact-finding process concerning whether an alleged violation actually occurred and, if so, whether a unit owner is responsible for the violation; and
(II) Must require providing notice to the unit owner regarding the nature of the alleged violation, the action or actions required to cure the alleged violation, and the timeline for the fair and impartial fact-finding process required under subsection (2)(a)(I) of this section.
(b) The fair and impartial fact-finding process may be informal but, at a minimum, must provide a unit owner notice and an opportunity to be heard before an impartial decision-maker.
(c) The written policy must specify the schedule of fines that may be imposed for alleged violations that are continuous or repetitive in nature, including a description of what constitutes a continuous violation and what constitutes a repetitive violation.
(d) (I) A metropolitan district that does not provide covenant enforcement and does not form a unit owners' association pursuant to section 38-33.3-301:
(A) Cannot pursue other remedies against property owners to enforce design review requirements adopted by the metropolitan district; and
(B) Is not required to adopt written policies pursuant to subsections (2)(a) and (5)(a) of this section.
(II) If a metropolitan district elects to provide covenant enforcement at any time, the requirements of this section apply to the metropolitan district.
(3) (a) In furnishing covenant enforcement and design review services for units, a board may fix, and from time to time increase or decrease, fees, rates, tolls, fines, penalties, or charges for covenant enforcement and design review services furnished pursuant to this section and section 32-1-1004 (8).
(b) (I) Until paid, any fee, rate, toll, fine, penalty, or charge described in subsection (3)(a) of this section constitutes a perpetual lien on and against the unit for which covenant enforcement and design review services were provided.
(II) The board of a metropolitan district furnishing covenant enforcement and design review services pursuant to this section and section 32-1-1004 (8) shall not foreclose on any lien described in this subsection (3)(b) that arises from amounts that a unit owner owes the metropolitan district as a result of a covenant violation or enforcement of a failure to comply with any instrument.
(III) In addition to any other means provided by law, a board, by resolution and at a public meeting held after notice has been provided to an affected unit owner, may elect to have certain delinquent fees, rates, tolls, fines, penalties, charges, or assessments made or levied for covenant enforcement and design review services certified to the treasurer of the county in which the metropolitan district is located, and for the delinquent fees, rates, tolls, fines, penalties, charges, or assessments to be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be collected and paid over pursuant to section 39-10-107.
(4) (a) For any unit owner's failure to comply with an instrument, a metropolitan district, without needing to commence a legal proceeding, may seek reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of the failure to comply.
(b) Except as provided in subsection (4)(c) of this section, in a civil action to enforce or defend an instrument, the court shall award reasonable attorney fees, costs, and, if relevant, costs of collection to the prevailing party.
(c) In connection with a civil action claim in which a unit owner is alleged to have violated an instrument but prevails on the matter because the court finds that the unit owner did not commit the alleged violation:
(I) The court shall award the unit owner reasonable attorney fees and costs incurred in defending the claim;
(II) The court shall not award costs or attorney fees to the metropolitan district; and
(III) The metropolitan district shall not allocate to the unit owner's account with the metropolitan district any of the metropolitan district's costs or attorney fees incurred in asserting or defending the claim from revenue that the metropolitan district collects other than ad valorem property taxes imposed on all taxpayers in the metropolitan district.
(d) Notwithstanding any law to the contrary, an action shall not be commenced or maintained to enforce the terms of any building restriction contained in an instrument or to compel the removal of any building or improvement because of a violation of the terms of any such building restriction unless the action is commenced within one year after the date that the metropolitan district commencing the action first knew or, in the exercise of reasonable diligence, should have known of the violation forming the basis of the action.
(5) (a) (I) On or before January 1, 2025, except as provided in subsection (2)(d) of this section, a metropolitan district furnishing covenant enforcement and design review services under this section and section 32-1-1004 (8) shall adopt a written policy setting forth the metropolitan district's procedure for addressing disputes arising between the metropolitan district and one or more unit owners related to the enforcement of an instrument.
(II) (A) Except as provided in subsection (5)(a)(II)(B) of this section, a metropolitan district shall make a copy of the written policy adopted pursuant to subsection (5)(a)(I) of this section available to unit owners on the metropolitan district's website that the metropolitan district is required to maintain pursuant to section 32-1-104.5 (3).
(B) If the metropolitan district is not required to maintain a website pursuant to section 32-1-104.5 (3), the metropolitan district shall make the written policy available to unit owners upon request.
(b) (I) Any controversy between a metropolitan district and a unit owner that arises out of the enforcement of an instrument may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding. Either party to the mediation may terminate the mediation process without prejudice.
(II) If a mediation agreement is reached pursuant to subsection (5)(b)(I) of this section, the mediation agreement may be presented to a court as a stipulation. The stipulation must not include a requirement that the unit owner pay additional interest or unreasonable attorney fees. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief. If the parties execute a stipulation that the court deems unfair or that does not comply with the requirements of this subsection (5)(b), the stipulation is invalid and the court may award the unit owner reasonable attorney fees and costs.
(6) Notwithstanding any provision in an instrument to the contrary, a metropolitan district shall not prohibit any of the following in relation to any unit subject to the instrument:
(a) The display of a flag on a unit, in a window of the unit, or on a balcony adjoining the unit. The metropolitan district shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit flags bearing commercial messages. The metropolitan district may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles but shall not prohibit the installation of a flag or flagpole.
(b) The display of a sign by the owner or occupant of a unit on property within the boundaries of the unit or in a window of the unit. The metropolitan district shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit signs bearing commercial messages. The metropolitan district may establish reasonable, content-neutral rules to regulate signs based on the number, placement, or size of the signs or on other objective factors.
(c) The parking of a motor vehicle by the occupant of a unit on the driveway of the unit if the vehicle is required to be available at designated periods at the occupant's residence as a condition of the occupant's employment and all of the following criteria are met:
(I) The vehicle has a gross vehicle weight rating of ten thousand pounds or less;
(II) The occupant is a bona fide member of a volunteer fire department or is employed by a primary provider of emergency firefighting, law enforcement, ambulance, or emergency medical services;
(III) The vehicle bears an official emblem or other visible designation of the emergency service provider; and
(IV) Parking of the vehicle can be accomplished without obstructing emergency access to or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces;
(d) The removal by a unit owner of trees, shrubs, or other vegetation to create defensible space on a unit for fire mitigation purposes, so long as the removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by an entity of a local government to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located and is no more extensive than necessary to comply with the plan. The plan shall be registered with the metropolitan district at least thirty days before the commencement of work. The metropolitan district may require changes to the plan if the metropolitan district obtains the consent of the individual, official, or agency that originally created the plan. The work must comply with applicable standards of the metropolitan district regarding slash removal, stump height, revegetation, and contractor regulations.
(e) Reasonable modifications to a unit as necessary to afford an individual with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);
(f) The use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative or nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible in accordance with section 38-33.3-106.5 (1)(i) and (1)(i.5);
(g) The use of a rain barrel, as defined in section 37-96.5-102 (1), to collect precipitation from a residential rooftop in accordance with section 37-96.5-103. A metropolitan district may impose reasonable aesthetic requirements that govern the placement or external appearance of a rain barrel. This subsection (6)(g) does not confer upon a unit owner a right to place a rain barrel at, or to connect a rain barrel to, any property that is:
(I) Leased, except with permission of the lessor;
(II) A common element or a limited common element of a common interest community, as those terms are defined in section 38-33.3-103;
(III) Owned or maintained by the metropolitan district; or
(IV) Attached to one or more other units, except with permission of the owners of the other units.
(h) (I) The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.
(II) This subsection (6)(h) does not supersede any of the provisions of an instrument concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The metropolitan district shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.
(III) This subsection (6)(h) does not apply to a community qualified as housing for older persons under the federal Housing for Older Persons Act of 1995, Pub.L. 104-76.
(IV) The metropolitan district may require the owner or operator of a family child care home to carry liability insurance, at reasonable levels determined by the board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on any property owned or maintained by the metropolitan district, in the unit where the family child care home is located, or in any other unit subject to an instrument. The metropolitan district shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the metropolitan district is required to carry under the terms of an instrument.
(7) (a) Notwithstanding any provision in an instrument to the contrary, a metropolitan district shall not:
(I) Effectively prohibit renewable energy generation devices, as defined in section 38-30-168;
(II) Require the use of cedar shakes or other flammable roofing materials on a unit; or
(III) Effectively prohibit the installation or use of an energy efficiency measure on a unit.
(b) Subsection (7)(a)(III) of this section does not apply to:
(I) Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, a metropolitan district shall consider:
(A) The impact of the purchase price and operating costs of the energy efficiency measure;
(B) The impact on the performance of the energy efficiency measure; and
(C) The criteria contained in any instrument.
(II) Bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for the protection of persons or property.
(c) Subsection (7)(a)(III) of this section does not confer upon any unit owner the right to place an energy efficiency measure on property that is:
(I) Owned by another person;
(II) Leased, except with permission of the lessor;
(III) Collateral for a commercial loan, except with permission of the secured party;
(IV) A common element or limited common element of a common interest community, as those terms are defined in section 38-33.3-103; or
(V) Owned or maintained by a metropolitan district.
Source: L. 2024: Entire section added, (HB 24-1267), ch. 117, p. 378, � 3, effective August 7.