Colorado homeowners scored a big win in March when state lawmakers prohibited homeowners associations from preventing residents from using building materials that protect property against fire.
Fence rules played a big part in the crafting of the legislation after wooden barriers worsened the state's most destructive wildfire in 2021, Colorado Public Radio reported. Firefighters told officials that HOAs in areas susceptible to wildfires required homeowners to use other extremely flammable materials, such as wooden shingles.
The law voids covenants and other restrictions "that disallow the installation, use, or maintenance of fire-hardened building materials in residential real property, including in common interest communities." It does, however, allow HOAs "to develop reasonable standards regarding the design, dimensions, placement, or external appearance" of fire-hardened fences, but CPR noted those can't cost 10% more than comparable materials.
"I am thrilled to sign this new law to ensure HOAs cannot prevent the use of fire resistant materials in construction," Gov. Jared Polis said in a statement. "Homeowners should be empowered to choose less flammable materials to safeguard their homes and save money on insurance, and now more homeowners will be able to better protect their home."
The 2021 Marshall Fire, which killed two people, followed wooden fencing to jump between homes, according to 9News. Some houses survived the blaze because their fences were blown over by wind before the fire or were knocked down by firefighters during the fire.
Insurance Institute for Business and Home Safety research engineer Dan Gorham told the station that a 5-foot buffer zone free from combustible material around a home is critical for wildfire resilience — and that it's a community commitment.
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"I might have done the right things to my home, you might have done the right things to your home, but our mutual neighbor hasn't," he said. "So their vulnerability has now become our vulnerability."
Homeowners who live in areas at risk of wildfire have been spared total loss by fire-resistant designs and building materials. Developments in environmentally friendly flame retardants, including this one, which blocks heat from penetrating wood, can also help.
If you have a wooden fence but can't fully replace it with a noncombustible one, you can remove the portions within 5 feet of your house and install a metal version.
And if your local or state lawmakers aren't fighting the good fight against dangerous and costly HOA bylaws, you can work to spur change.
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