BOARD02492

• Board Meeting Date: 5/23/2005
• Description: Status of Legislation
• Board Meetings - Doc Type: Memo

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(I) "EXECUTNE BOARD POLICY OR PRACTICE" INCLUDES ANY
ADDITIONAL PROCEDURAL STEP OR BURDEN, FINANCIAL OR OTHERWISE,
PLACED ON A UNIT OWNER WHO SEEKS APPROVAL FOR A LANDSCAPING
CHANGE BY THE EXECUTNE BOARD OF A UNIT OWNERS' ASSOCIATION, AS
DEFINED IN SECTION 38-33.3-103, C.R.S., AND NOT INCLUDED IN THE
EXISTING DECLARATION ORBYLA WS OF TIlE ASSOCIATION. AN "EXECUTIVE
BOARD POLICY OR PRACTICE" INCLUDES, WITHOUT LIMITATION, THE
REQUIREMENT OF:

(A) AN ARCIDTECT'S STAMP;

(B) l'REAPPROVAL BY AN ARCHITECT OR LANDSCAPE ARCHITECT
RETAINED BY THE EXECUTIVE BOARD;

(C) AN ANALYSIS OF WATER USAGE UNDER THE PROPOSED NEW
LANDSCAPE PLAN OR A HISTORY OF WATER USAGE UNDER TIlE UNIT OWNER'S
EXISTING LANDSCAPE PLAN; AND

(D) THE ADOPTION OF A LANDSCAPING CHANGE FEE.

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(II) "Restrictive covenant" means any covenant, restriction, BYLAW,
EXECUTIVE BOARD POLlCY OR PRACTICE, or condition applicable to real
property for the purpose of controlling land use, but does not include any
covenant, restriction, or condition imposed on such real property by any
governmental entity.

(III) "TuRF GRASS" MEANS CONTINUOUS PLANT COVERAGE
CONSISTING OF HYBRIDIZED GRASSES THAT, WHEN REGULARLY MOWED,
FORM A DENSE GROWTH OF LEAF BLADES AND ROOTS.

(IV) "XERISCAPE" MEANS THE APPLICATION OF TIlE PRINCIPLES OF
LANDSCAPE PLANNING AND DESIGN, SOIL ANALYSIS AND IMPROVEMENT,
APPROPRIATE PLANT SELECTION, LIMITATION OF TIJRF AREA, USE OF
MULCHES, IRRIGATION EFFICIENCY, AND APPROPRIATE MAINTENANCE THAT
RESULTS IN WATER USE EFFICIENCY AND WATER-SAVING PRACTICES.

(c) NOTHING IN THIS SUBSECTION (11) SHALL PRECLUDE TIlE
EXECUTIVE BOARD OF A COMMON INTEREST COMMUNITY FROM TAKING

PAGE 2-HOUSE BILL 05-1070

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