CO Rev Stat § 38-33.3-106.5(k)

(1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following:…

(k) (I) THE OPERATION OF A FAMILY CHILD CARE HOME, AS DEFINED IN SECTION 26-6-102 (13), THAT IS LICENSED UNDER PART 1 OF ARTICLE 6 OF TITLE 26.

(II) THIS SUBSECTION (1)(k) DOES NOT SUPERSEDE ANY OF THE ASSOCIATION'S REGULATIONS CONCERNING ARCHITECTURAL CONTROL PARKING, LANDSCAPING, NOISE, OR OTHER MATTERS NOT SPECIFIC TO THE OPERATION OF A BUSINESS PER SE. THE ASSOCIATION SHALL MAKE REASONABLE ACCOMMODATION FOR FENCING REQUIREMENTS APPLICABLETO LICENSED FAMILY CHILD CARE HOMES.

(III) THIS SUBSECTION (1)(k) DOES NOT APPLY TO A COMMUNITY QUALIFIED AS HOUSING FOR OLDER PERSONS UNDER THE FEDERAL "HOUSING FOR OLDER PERSONS ACT OF 1995", AS AMENDED, PuB.L. 104-76.

(IV) THE ASSOCIATION MAY REQUIRE THE OWNER OR OPERATOR OF A FAMILY CHILD CARE HOME LOCATED IN THE COMMON INTEREST COMMUNITY TO CARRY LIABILITY INSURANCE, AT REASONABLE LEVELS DETERMINED BY THE ASSOCIATION'S EXECUTIVE 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 THE COMMON ELEMENTS, IN THE UNIT WHERE THE FAMILY CHILD CARE HOME IS LOCATED, OR IN ANY OTHER UNIT LOCATED IN THE COMMON INTEREST COMMUNITY. THE ASSOCIATION 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 ASSOCIATION IS REQUIRED TO CARRY UNDER THE TERMS OF THE DECLARATION. ​

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