KEN CARYL, Colo. — Colorado homeowners in Ken Caryl are receiving courtesy notices from their homeowners association over lawn conditions — even as mandatory water restrictions leave little room to keep grass green.
The Ken-Caryl Ranch Master Association has issued 28 courtesy notices to homes in the neighborhood. The association said the notices are the first step in a process intended to start a conversation about how lawns can be better maintained.
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"No fines or fees have been imposed or collected in connection with those notices," according to an HOA spokesperson. "A courtesy notice is not a fine. It is the first step in a process intended to open communication, understand the circumstances affecting an individual property and identify a reasonable path forward."
Ken Carlson has lived in the Ken-Caryl Ranch community off and on since 1991. He said keeping up a lawn this year is no easy feat.
"It's nice to have a green lawn," Carlson said.
But a historic drought has led to water restrictions across the state, including in Ken-Caryl Ranch.
"Denver Water has a two-day watering restriction," Carlson said.
The HOA had threatened to issue violations to lawns it described as being in an "extreme state of deterioration." Carlson said that approach would be out of step with the current conditions.
"Maybe in years past, when we didn't have such a water shortage, it might have been justified," Carlson said. "I think if they did pursue that, I think it, especially this year, I think it would be not appropriate."
Real estate attorney Boyd Rolfson, a partner at Robinson and Henry, said state law is clear on where HOAs stand during drought conditions.
"During those times of drought when there are local and state rules, the state law and homeowners associations are under the law have to suspend their enforcement actions for those landscaping purposes," Rolfson said.
In a statement to Denver7, the HOA said it would never ask a homeowner to water beyond Denver Water's restrictions this year. The association said it is focused on situations where landscaping has become a safety concern, such as "excessive dead vegetation that may contribute to wildfire risk."
Rolfson said wildfire mitigation efforts can still be carried out within the restrictions.
"Maintenance and preventing those wildfires can be done at off times or during those watering times, or even done not on an automated system, but by hand," Rolfson said.
Carlson said the bigger picture comes down to priorities.
"It all comes down to importance; what the best use of water (is) and where it would be best used. I mean, a lawn is an aesthetic thing versus life sustaining," Carlson said.
Rolfson recommends homeowners document how often they water, what times, and what days. That documentation can be shared with an HOA if a letter arrives asking them to maintain their property.
Rolfson also reminds homeowners that when drought restrictions are lifted, HOA covenants will still stand.
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