Colorado HOA & Condominium Law
19 active Colorado statutes govern homeowners associations and condominiums in the state. The corpus encodes 99 specific requirements across governance, finance, reserves, disclosure, and enforcement. 1 change recorded in the last twelve months.
Resale Certificate Compliance
12 disclosures required
CO
A common interest community in Colorado
is governed by
C.R.S. §38-33.3-316
(Colorado Common Interest Ownership Act).
Colorado law requires 12 specific disclosures when a unit is sold.
The certificate must be delivered within 14 days of request.
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Statement of unpaid assessments currently levied against the unit C.R.S. §38-33.3-316(8)
The association shall furnish to a unit owner or such unit owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such owner's unit. The statement shall be furnished within fourteen calendar days after receipt of the request and is binding on the association, the executive board, and every unit owner. If no statement is furnished to the unit owner or holder of a security interest or his or her designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the association shall have no right to assert a lien upon the unit for unpaid assessments which were due as of the date of the request. C.R.S. §38-33.3-316(8) · verified Oct 2026
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Fiscal year commencement date C.R.S. §38-33.3-209.4(2)(a)
The date on which its fiscal year commences; C.R.S. §38-33.3-209.4(2)(a) · verified Oct 2026
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Current operating budget C.R.S. §38-33.3-209.4(2)(b)
Its operating budget for the current fiscal year; C.R.S. §38-33.3-209.4(2)(b) · verified Oct 2026
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Current assessments by unit type, including regular and special assessments C.R.S. §38-33.3-209.4(2)(c)
A list, by unit type, of the association's current assessments, including both regular and special assessments; C.R.S. §38-33.3-209.4(2)(c) · verified Oct 2026
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Annual financial statements with reserve amounts for preceding fiscal year C.R.S. §38-33.3-209.4(2)(d)
Its annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the current annual disclosure; C.R.S. §38-33.3-209.4(2)(d) · verified Oct 2026
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Most recent financial audit or review results C.R.S. §38-33.3-209.4(2)(e)
The results of its most recent available financial audit or review; C.R.S. §38-33.3-209.4(2)(e) · verified Oct 2026
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Insurance policies: company names, limits, deductibles, additional named insureds, expiration dates C.R.S. §38-33.3-209.4(2)(f)
A list of all association insurance policies, including, but not limited to, property, general liability, association director and officer professional liability, and fidelity policies. Such list shall include the company names, policy limits, policy deductibles, additional named insureds, and expiration dates of the policies listed. C.R.S. §38-33.3-209.4(2)(f) · verified Oct 2026
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Bylaws, articles of incorporation, rules and regulations C.R.S. §38-33.3-209.4(2)(g)
All the association's bylaws, articles, and rules and regulations; C.R.S. §38-33.3-209.4(2)(g) · verified Oct 2026
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Minutes of executive board and member meetings for the preceding fiscal year C.R.S. §38-33.3-209.4(2)(h)
The minutes of the executive board and member meetings for the fiscal year immediately preceding the current annual disclosure; C.R.S. §38-33.3-209.4(2)(h) · verified Oct 2026
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Responsible governance policies adopted per §209.5 C.R.S. §38-33.3-209.4(2)(i)
The association's responsible governance policies adopted under section 38-33.3-209.5; and C.R.S. §38-33.3-209.4(2)(i) · verified Oct 2026
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Fee schedule: transfer fees, record change fees, and status letter charges C.R.S. §38-33.3-317(1)(h.5)
A list of the current amounts of all unique and extraordinary fees, assessments, and expenses that are chargeable by the association in connection with the purchase or sale of a unit and are not paid for through assessments, including transfer fees, record change fees, and the charge for a status letter or statement of assessments due; C.R.S. §38-33.3-317(1)(h.5) · verified Oct 2026
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Reserve study policy (when prepared, funding plan, physical/financial analysis basis) C.R.S. §38-33.3-209.5(1)(b)(IX)
When the association has a reserve study prepared for the portions of the community maintained, repaired, replaced, and improved by the association; whether there is a funding plan for any work recommended by the reserve study and, if so, the projected sources of funding for the work; and whether the reserve study is based on a physical analysis and financial analysis. For the purposes of this subparagraph (IX), an internally conducted reserve study shall be sufficient. C.R.S. §38-33.3-209.5(1)(b)(IX) · verified Oct 2026
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Colorado does not cap RC preparation fees by statute. With CommunityPay, the board issues the certificate directly from live ledger data — eliminating the third-party fee entirely. Residents typically save $250–$400 per closing.
What Colorado Law Requires
Governance (34)
- CCIOA is the formal name of Colorado's unified HOA/condo/cooperative statute. Whenever practitioners or courts refer to "CCIOA," they mean Article 33.3 of Title 38. C.R.S. §38-33.3-101
- Older Colorado HOAs (formed before July 1992) are NOT fully governed by CCIOA, but the most important sections — assessment liens, collection limits, and certain governance provisions — DO apply to them. Boards in older communities cannot point to the original CC&Rs as overriding these statutory provisions. C.R.S. §38-33.3-117 (1)
- After the developer turns the HOA over to owners, the association has 90 days to publish basic identity and contact information. Any later change (new management company, new physical address) requires another 90-day update window. C.R.S. §38-33.3-209.4 (1)
- Owners receive a detailed insurance summary each year — carrier, limits, deductibles, additional insureds, expirations. Title companies and lenders rely heavily on this disclosure for closings. C.R.S. §38-33.3-209.4 (2)(f)
- The full set of governing documents — bylaws, articles of incorporation, rules and regulations — must be available to owners annually. This is in addition to the declaration, which is recorded in the public real-estate records. C.R.S. §38-33.3-209.4 (2)(g)
- A full year of board and unit-owner meeting minutes must be available each year. Owners can see what decisions were made, when, and by whom — important for evaluating governance quality before a purchase. C.R.S. §38-33.3-209.4 (2)(h)
- The association's nine mandatory governance policies under §209.5 must be available each year as part of the annual disclosure package. These cover collection practices, fines, records, reserves, and dispute resolution — the operational rules every buyer should review. C.R.S. §38-33.3-209.4 (2)(i)
- The association has flexibility in how it makes the annual disclosure package available — website (with email or mail notice of the address), an in-office literature table, or direct mail/personal delivery. Distribution cost is a common expense. C.R.S. §38-33.3-209.4 (3)
- CCIOA imposes a baseline governance regime on every Colorado HOA: keep clean accounting records, and adopt nine specific written policies (collection, conflict of interest, meetings, fines/enforcement, records inspection, reserve fund investment, policy amendment, dispute resolution, and reserve study). Without these policies, the association cannot lawfully fine owners or pursue collections. C.R.S. §38-33.3-209.5 (1)
- The board has full authority to retain a property management company, hire onsite staff, and contract with vendors. No special owner approval is required to enter ordinary service contracts within budget. C.R.S. §38-33.3-302 (1)(c)
- The board has broad authority to set rules governing common areas — pool hours, clubhouse use, parking, landscaping standards, architectural review — but cannot unreasonably restrict owners' access to common elements under §302.5. C.R.S. §38-33.3-302 (1)(f)
- Beyond the specific HOA-statute powers, the association also has every general power of a Colorado nonprofit corporation (or the corresponding entity type). The two statutes work together — CCIOA gives the HOA-specific authority, and the underlying nonprofit corporation act fills in general corporate-governance powers. C.R.S. §38-33.3-302 (1)(p)
- The board is the default decision-maker for everything the association does, with three narrow exceptions in §303(3): amending the declaration, terminating the community, and electing other board members or setting board qualifications/terms. C.R.S. §38-33.3-303 (1)(a)
- A board cannot keep one of its own members in the dark. Every director is entitled to every report, contract, and professional-advisor communication that any other director has access to. Bylaws cannot override this — and this applies retroactively to pre-1992 communities under §117(1)(i.7). C.R.S. §38-33.3-303 (1)(b)
- Two different liability standards. Developer-appointed directors owe a full fiduciary duty (the strict standard). Owner-elected directors are protected from liability except for wanton and willful acts — Colorado's version of business judgment with stronger protection. Indemnification is permitted but only within these limits. C.R.S. §38-33.3-303 (2)
- The developer can control the board only during the initial build-out and sales period. Once 75% of units have been sold (or the 2-year stalling clocks hit), the developer must turn over control to owner-elected directors. Large planned communities have longer windows but the same earliest-trigger rule. C.R.S. §38-33.3-303 (5)(a)(I)
- When the developer turns the HOA over to owners, the developer must hand over a complete document set within 60 days — including a CPA-audited accounting of all association funds (the developer pays for the audit). This is the owners' one-time chance to know exactly what they're inheriting. Boards often discover misappropriations or contractual surprises at this stage. C.R.S. §38-33.3-303 (9)
- Every Colorado HOA must hold an annual owner meeting. Special meetings can be called by the president, by a majority of the board, or by petition of 20% of voting owners. Notice must go out 10–50 days in advance via mail or hand delivery, must also be physically posted, and must list the time, place, and agenda — including any declaration amendment, budget change, or removal proposal. C.R.S. §38-33.3-308 (1)
- Before the board votes on any agenda item, owners have a statutory right to speak. The board can cap each owner at (e.g.) three minutes and can balance opposing-view speakers, but cannot bar owner input altogether. Skipping this step makes the resulting vote subject to challenge. C.R.S. §38-33.3-308 (2.5)(b)
- Open-meeting is the default rule in Colorado. The board cannot meet privately to handle ordinary business — only for narrow categories enumerated in §308(4). Ordinary policy debates must happen in open session, and agendas must be available to any member. C.R.S. §38-33.3-308 (2)(a)
- The board cannot use executive session as a catch-all to avoid public business. Only six narrow topics qualify: employees, legal advice, criminal investigations, legally-protected confidential matters, individual privacy/owner discipline, and legal counsel communications. Rules cannot be adopted in executive session — those must be voted on in open session. C.R.S. §38-33.3-308 (4)
- When someone sues for an association's act or omission, the lawsuit goes against the HOA itself, not individual owners. The HOA's insurance and assets answer for the claim. Owners are not personally exposed beyond their share of common expenses (per the declaration's allocation formula). C.R.S. §38-33.3-311 (1)
- Developer-era torts come back to the developer once owners take over. The HOA can sue the developer for losses insurance doesn't cover, plus litigation expenses. The clock on suing doesn't start until declarant control ends — preventing the developer from running out the statute of limitations during the build-out period. C.R.S. §38-33.3-311 (1)
- If the developer collected dues or other association funds and didn't spend them properly during the declarant-control period, the developer owes those funds back to the post-turnover HOA. The §303(9)(b) audited turnover accounting is the mechanism for identifying these claims. C.R.S. §38-33.3-311 (2)
- Property insurance is mandatory once units start being sold. Coverage must equal full replacement cost (minus deductibles) for the common elements. The board must confirm the policy meets this standard at each renewal — under-insurance triggers §313(3)'s notice obligation to owners. C.R.S. §38-33.3-313 (1)(a)
- Commercial general liability insurance is mandatory. The policy must cover the HOA itself, the board, management company, and their agents, plus name unit owners as additional insureds for common-element claims. Coverage limits are set by governing documents or by board judgment. C.R.S. §38-33.3-313 (1)(b)
- Insurers cannot quietly cancel or non-renew a Colorado HOA policy. The insurer must mail 30 days' notice to the association and to every owner or lender holding a certificate. This gives the board and lenders time to find replacement coverage before lapse. C.R.S. §38-33.3-313 (8)
- The association must keep three foundational record categories: detailed receipts/expenditures (the financial trail), construction-defect claims (and any settlement proceeds), and meeting minutes (board, owner, and committee). These are the "sole records" for retention and production — meaning everything else can be discarded. C.R.S. §38-33.3-317 (1)(a)-(c)
- The HOA must keep three years of financial statements and seven years of tax returns available for inspection. Anything older may be discarded — the record-retention floor is not the same as a litigation-hold obligation. C.R.S. §38-33.3-317 (1)(g)
- Every document in the §209.4 annual disclosure package (operating budget, assessment list, financial statements, audit/review, insurance summary, governing docs, minutes, governance policies, and, since August 12, 2026, the most recent reserve study) must be retained as part of the records archive. C.R.S. §38-33.3-317 (1)(h.6)
- The HOA can charge actual cost for record copies — labor, material, copying, mailing, special processing — but cannot charge a profit margin. There is NO statutory dollar cap; the cap is "estimated cost of production." Per §209.5(8)(b), the HOA additionally may not charge a fee for providing an owner with a statement of total amount owed. C.R.S. §38-33.3-317 (4)
- When an owner sends a certified-mail records request with the fee, the HOA has 30 calendar days to allow inspection/copying. If it fails, the owner can collect $50 per day starting from the 11th business day after the request, capped at $500 OR actual damages — whichever is greater. This is a real penalty with teeth, not a slap on the wrist. C.R.S. §38-33.3-317 (4.5)
- When a Colorado board ends or does not renew its management contract, the old management company has forty-five days to hand everything that belongs to the association — money, financial accounts, books and records, insurance policies, contracts, account passwords, and keys — to the board or the new manager, at no charge. It may keep its own software if it hands over the association's data from it. C.R.S. §38-33.3-317 (9)(a)
- A management company that misses the forty-five-day deadline owes the association $250 for every business day it is late, the interest and late fees on any payment the association made late because of the failure, and any other damages the association suffers because it cannot reach its accounts, money, property, or information. If a court finds the failure willful, the company owes three times the association's actual damages plus the association's reasonable attorney fees and court costs. A written agreement between the association and the company can change these terms. C.R.S. §38-33.3-317 (9)(b)
Financial (16)
- Every Colorado HOA must publish, every year, when its fiscal year starts. This anchors all other annual disclosures (budget, financial statements, assessment list) to a consistent reporting period. C.R.S. §38-33.3-209.4 (2)(a)
- The current fiscal year's operating budget is one of the ten items the association must make available every year. Owners can see what the board has budgeted for operations before they ask whether assessments are appropriately set. C.R.S. §38-33.3-209.4 (2)(b)
- Annual financial statements must be available, and they must show the reserve balance for the preceding fiscal year. This combines income/expense reporting with reserve transparency. C.R.S. §38-33.3-209.4 (2)(d)
- If the HOA has had an audit or review prepared, those results must be made available each year as part of the annual disclosure package. Whether an audit or review is required depends on revenue thresholds and owner request rates under §303(4)(b). C.R.S. §38-33.3-209.4 (2)(e)
- Since August 12, 2026, the reserve study is one of the items a Colorado association must make available every year. The developer commissions and pays for the study before turnover, and it must project costs over thirty years. C.R.S. §38-33.3-209.4 (2)(j)
- Boards can charge for preparing declaration amendments and statements of unpaid assessments. The fee is governed by the §317(4) "actual cost" standard — CCIOA does NOT set a fixed dollar cap. An owner specifically requesting a statement of what they personally owe gets it for free under §209.5(8)(b). C.R.S. §38-33.3-302 (1)(l)
- The board sets the budget, sends a summary to all owners within 90 days, schedules an owner meeting, and the budget passes silently unless a majority of owners affirmatively veto it at that meeting. If owners veto, the last good budget rolls forward. Owners don't have to vote yes — they have to vote no, and most never do, so most budgets pass. C.R.S. §38-33.3-303 (4)(a)
- Ninety days from adoption to the summary reaching owners, and posting it on the association website counts as delivery. Colorado sets no fixed window for the meeting itself -- it is a reasonable time, or whatever the bylaws allow. C.R.S. §38-33.3-303 (4)(a)(I)
- Colorado owners do not vote a budget in; they vote it down or it passes. The veto takes a majority of all unit owners, not a majority of those at the meeting, and quorum is irrelevant. C.R.S. §38-33.3-303 (4)(a)(II)(A)
- An older community with a capped assessment is outside the veto procedure so long as the budget stays under the cap. Both conditions have to hold. C.R.S. §38-33.3-303 (4)(a)(II)(B)
- Colorado HOAs are NOT required to commission annual audits or reviews automatically. An audit happens only when the HOA is large (>$250K revenue) AND a third of owners formally request one. A review (cheaper, less rigorous) requires only the third-of-owners trigger. Small HOAs can operate with internal financials only — but they still must produce the §209.4(2)(d) annual financial statement. C.R.S. §38-33.3-303 (4)(b)
- A Colorado review does not require a CPA. An audit does. The reviewer needs a basic grounding in accounting and independence from the association, and the statements may be GAAP, cash, or tax basis. C.R.S. §38-33.3-303 (4)(b)(I)
- Both, not either. The money test is revenues or expenditures -- whichever is higher clears it -- and it does nothing on its own. Without a request from the owners of at least one-third of the units there is no audit duty at any size. C.R.S. §38-33.3-303 (4)(b)(II)
- Either figure clears it. An association spending $250,000 against smaller revenues meets this condition, and so does the reverse. On its own the condition requires nothing -- (B) must also be met. C.R.S. §38-33.3-303 (4)(b)(II)(A)
- The fraction is of units. Counting one-third of the votes instead would give a different answer in any community with weighted voting or multiple-unit owners. C.R.S. §38-33.3-303 (4)(b)(II)(B)
- The review duty has no dollar test. It turns entirely on the same one-third-of-units request, and the fraction is of units, not of votes. C.R.S. §38-33.3-303 (4)(b)(III)
Assessment (6)
- Every Colorado HOA must publish, every year, the current regular and special assessment amounts broken out by unit type. Owners (and prospective buyers reviewing a status letter) get a clear picture of the assessment regime, including any unit-type variation. C.R.S. §38-33.3-209.4 (2)(c)
- The board has statutory authority to set the annual budget and levy assessments against owners. Owner approval of the levy itself is not required; the §303(4)(a) budget-veto procedure is the main owner check. C.R.S. §38-33.3-302 (1)(b)
- Before the first assessment, the developer pays all common expenses. After the first assessment, the HOA budgets annually and bills owners per the declaration's allocation formula (typically equal per unit, by square footage, or by ownership percentage). Past-due assessments accrue interest at the rate the board sets, capped at 8% per year — the HB 22-1137 cap. C.R.S. §38-33.3-315 (1)-(2)
- When the declaration so allows, the HOA can allocate common expenses to the units that actually use or benefit from the expense — limited common elements to assigned units, sub-community amenities to the benefited owners, insurance by risk, utilities by usage. This avoids charging all owners equally for expenses that benefit only some. C.R.S. §38-33.3-315 (3)
- An owner cannot avoid assessments by saying they don't use the pool or by abandoning the unit. As long as the owner owns the unit, the assessments are owed. The §38-33.3-316 assessment lien attaches automatically the moment an assessment becomes due. C.R.S. §38-33.3-315 (6)
- Colorado now defines "assessment" inside the lien statute, and the definition sweeps in delinquency fees and reasonable collection costs. Read with (1)(a), which still says fees, late charges, attorney fees, fines, and interest may be liened but cannot be foreclosed on, the two provisions do different work: (14) says what the word covers, (1)(a) says what a foreclosure may be based on. C.R.S. §38-33.3-316 (14)
Reserves (1)
- CCIOA requires every Colorado HOA to adopt a written policy about its reserve study practices — when studies are commissioned, what funding plan supports the recommendations, and whether the study includes both a physical inspection and a financial projection. The statute does not require that a reserve study actually be done at any particular interval; it only requires the policy. An internally-prepared study counts. C.R.S. §38-33.3-209.5 (1)(b)(IX)
Disclosure (4)
- Time-share units are carved out of the annual disclosure package. None of the §209.4(2) items is owed as to a time-share unit or its owner. C.R.S. §38-33.3-209.4 (4)
- The Colorado "status letter" is the statutory equivalent of a resale certificate. Any owner, their designee, or any lender or their designee can demand it in writing (certified mail to the registered agent). The HOA has 14 calendar days to deliver. The statement is BINDING — the HOA cannot later claim additional unpaid assessments. If the HOA fails to deliver, it forfeits its lien for any assessments due as of the request date. This is the most consequential disclosure under CCIOA. C.R.S. §38-33.3-316 (8)
- The HOA must maintain — and disclose to buyers and sellers — a list of every fee or charge tied to the transfer of a unit. Transfer fees, record-change fees, status letter charges, anything else not covered by ordinary assessments. This is the Colorado fee-schedule disclosure that title companies and prospective buyers need to underwrite the closing. C.R.S. §38-33.3-317 (1)(h.5)
- The 2021 records amendments — the list of sale-related fees, the duty to retain the annual disclosure documents, the actual-cost cap on copy charges, and the $50/day penalty for a late production — are owed by every association except one that includes time share units. C.R.S. §38-33.3-317 (8)
Records (1)
- Once the engagement is finished the clock is thirty days, and then any owner who asks gets a copy -- not only the owners who petitioned for it. C.R.S. §38-33.3-303 (4)(b)(IV)
Elections (5)
- The Colorado statutory floor for owner-meeting quorum is 20% of votes (10% for very large associations >1,000 units). The bylaws may set a higher threshold. Once a quorum is present at the start, it remains present throughout — even if attendees leave. C.R.S. §38-33.3-309 (1)
- For board meetings, the default quorum is half the board's voting power (proxies count). Bylaws may require more. Once present, the quorum holds throughout. C.R.S. §38-33.3-309 (2)
- Contested board elections in Colorado must use secret ballots. The board can also use secret ballots for any matter (or 20% of owners present can demand it). Counting must be done by a neutral third party or a committee of volunteer owners — not board members, and not candidates in a contested race. C.R.S. §38-33.3-310 (1)(b)
- Owners may vote by proxy. The proxy must be written, signed, and dated. An undated proxy is void. A proxy that purports to be irrevocable is void. Proxies automatically expire 11 months after the date unless the proxy says it expires sooner. The owner can revoke at any time by giving actual notice to the meeting chair. C.R.S. §38-33.3-310 (2)
- When the HOA itself owns a unit (typically acquired through foreclosure or otherwise), the votes allocated to that unit cannot be cast. The association cannot vote for itself. C.R.S. §38-33.3-310 (4)
Enforcement (31)
- When an owner falls behind on assessments, the HOA can bill back its attorney fees — but only up to $5,000 or half of what is owed, whichever is smaller. The cap rises with Denver-area inflation each August. C.R.S. §38-33.3-123 (1)(a)(II)
- The cap binds the court too, not just the association's own billing. A judge may go above it only by finding the owner could have paid and chose not to. C.R.S. §38-33.3-123 (1)(c)(II)
- A Colorado association that forecloses its lien must follow every lien and foreclosure step in the statutes and in its own governing documents to the letter. If a court finds it has not followed the statutes, the court may pause the case to let it comply. While the case is paused, the association may not add late fees, interest, or other delinquency charges to the owner's account. When the court sets the association's attorney fee award, it must consider whether the pause inflated or duplicated those fees. C.R.S. §38-33.3-123 (3)
- Before the HOA can act on a delinquency, the board must reach out to the owner by multiple channels: certified mail notice plus two of (phone call, text, email), with regular mail counting as one when the owner has not given a phone number, cell number, or email address. The owner can also designate a contact person and a language preference; the board must honor both. Skipping the contact step is a procedural defense against later collection. C.R.S. §38-33.3-209.5 (1.7)(a)
- Colorado HOAs cannot rack up daily late fees or daily fines. After HB 22-1137, fines follow statutory cure procedures instead of accruing day over day: at most every other day for an uncured violation that threatens public safety or health, and no more than $500 in total for any other violation. C.R.S. §38-33.3-209.5 (1.7)(b)(I)
- For ordinary violations (not threats to public safety/health), the HOA must send certified-mail notice with at least 30 days to cure before any fine. Total fines for that violation are capped at $500. The owner gets two consecutive 30-day cure periods before the HOA can sue. Procedures matter — skip any step and the fine is unenforceable. C.R.S. §38-33.3-209.5 (1.7)(b)(III)
- A Colorado association must ask owners, or their designated contacts, periodically for a phone number, a cell number for texts, and an email address, and keep them on file for notices. The delinquency contacts under §209.5(1.7) and the notice of intent to foreclose under §38-33.3-316(10.8) use these numbers and addresses. C.R.S. §38-33.3-209.5 (1)(a.5)
- A Colorado HOA cannot fine without (1) a written fine policy, (2) a fact-finding step with notice and an opportunity to be heard, and (3) an impartial decision maker. The decision maker is "impartial" only if they have no direct personal or financial interest in the outcome. C.R.S. §38-33.3-209.5 (2)
- Colorado HOAs may not use collection agencies or sue for unpaid assessments without a written collection policy that hits seven required elements: due dates, fees, bounced-check charges, payment plan terms, pre-collection certified-mail notice (with full itemization and opportunity to dispute), payment allocation, and available legal remedies. Without the policy, collection action is barred. C.R.S. §38-33.3-209.5 (5)
- Since October 1, 2025, a Colorado notice of delinquency must warn the owner that the unit could be sold at auction and that the owner could lose some or all of the equity in it. It must tell the owner where to find free online information on collections and foreclosure from the state HOA information and resource center, and federal credit-counseling information through the Department of Local Affairs website. If the owner asks for a copy of the ledger, it must be provided no later than seven business days after the request is received. C.R.S. §38-33.3-209.5 (5)(a)(V)
- Before foreclosure, the HOA must offer an 18-month repayment plan (minimum $25/month). The owner has 30 days to accept. If accepted, the HOA cannot foreclose unless the owner misses three monthly installments. If the owner rejects (or never responds), the HOA may then proceed — but only after a documented offer. C.R.S. §38-33.3-209.5 (7)(a)
- Three hard prohibitions: interest above 8% is unlawful; no fee can be charged to give an owner a statement of what they owe; and the HOA cannot foreclose on a lien if the only thing it secures is fines (or collection costs/attorney fees tied to fines). Foreclosure must always be based on unpaid assessments, not punitive charges. C.R.S. §38-33.3-209.5 (8)
- For assessment, fine, or fee disputes up to $7,500, either the HOA or the owner can use Colorado small claims court — a faster, cheaper alternative to district court. Interest and costs don't count toward the $7,500 cap. C.R.S. §38-33.3-209.5 (9)
- The HOA can sue or defend in court in its own name when two or more owners are affected — for example, construction defect claims against a developer, a zoning challenge against the city, or insurance coverage litigation. Construction defect actions require the §303.5 owner-vote procedure first. C.R.S. §38-33.3-302 (1)(d)
- Boards can charge late fees and fines for violations, but only after providing notice and a hearing opportunity. The HB 22-1137 reforms in §209.5(1.7) and §316.3 impose hard caps and procedural protections — fines without statutory compliance are unenforceable. Owners cannot be fined for under-watering when there are mandatory water restrictions and the owner is complying. C.R.S. §38-33.3-302 (1)(k)
- Before a Colorado association can file to foreclose, it must tell the owner in writing and electronically, thirty days ahead, that credit counseling is available and where to find it. The owner pays for the counseling. This runs alongside the separate thirty-day mediation notice under (10.7) and the thirty-day notice of intent to foreclose under (10.8). C.R.S. §38-33.3-316 (10.3)
- For an owner's principal residence (and workforce-housing units), the HOA cannot foreclose without first getting a personal judgment — or proving the owner died, is incapacitated, couldn't be served despite reasonable attempts, or is in a bankruptcy that covers the amount owed to the HOA. This is a 2024 HB 24-1337 addition that significantly raises the procedural bar before foreclosure on owner-occupied homes. C.R.S. §38-33.3-316 (10.5)
- A Colorado association must give thirty days' notice that it intends to foreclose, sent certified mail plus two other channels, and in the owner's preferred language if the owner named one. If it lacks the owner's phone number, cell number, or email address, it must ask for them before sending; regular mail counts as a channel only when the owner has not given a phone number, cell number, or email address. The notice has to say plainly that the unit could be sold at auction and that the owner could lose their equity, and it must tell the owner of the rights to credit counseling and mediation and of the state's free online information on association foreclosure. Time shares are excluded. C.R.S. §38-33.3-316 (10.8)
- Once an association actually files a foreclosure, it has five business days to tell every lienholder on record two things: that the debt can be cured, and that the owner can ask the court to stop the auction. This is separate from the thirty-day pre-filing notice to lienholders under (10.7)(d). C.R.S. §38-33.3-316 (11.2)
- Even after the personal-judgment requirement is met, foreclosure requires (1) the unpaid balance equals at least six months of common-expense assessments AND (2) a board vote, recorded in the minutes, authorizing this specific filing against this specific unit. The board cannot delegate the authorization to attorneys or managers. Skip the recorded vote and the case is dismissed — owner pays no fees. C.R.S. §38-33.3-316 (11)(a)
- In Colorado, the HOA's lien on a unit arises automatically from any assessment or fine. Fees, late charges, attorney fees, and interest can be secured by the lien — but the HOA cannot foreclose to recover only those amounts. Foreclosure must be based on unpaid common-expense assessments themselves. This aligns with §209.5(8)(c) (fines-only foreclosure prohibited). C.R.S. §38-33.3-316 (1)(a)
- Colorado is a "super-priority" state. The HOA has lien priority over the first mortgage for SIX MONTHS of past-due common-expense assessments. If the HOA forecloses (or the first mortgage forecloses and takes the unit), the first mortgage lender must either pay the six months of super-priority assessments or risk losing its lien — a powerful collection tool. C.R.S. §38-33.3-316 (2)(b)(I)
- The HOA has six years from the due date of the most recent unpaid assessment to file an enforcement action. If no action is filed within six years, the lien is extinguished. Boards must track delinquency timing carefully — late filing means losing the lien entirely. C.R.S. §38-33.3-316 (5)
- Before any collection action, the HOA must have a written collection policy (per §209.5(5)) and must make a good-faith effort to set up a payment plan with the delinquent owner. Exceptions exist for non-occupant owners who acquired through foreclosure and for owners who have already had one §316.3 plan. C.R.S. §38-33.3-316.3 (1)
- When the HOA offers a payment plan, the minimum length is 18 months in equal installments. The plan defaults if the owner misses three or more installments OR falls behind on current assessments during the plan period. C.R.S. §38-33.3-316.3 (2)
- As long as the owner is keeping up with the 18-month payment plan, the HOA cannot foreclose. This is an absolute bar — not a discretionary stay. C.R.S. §38-33.3-316.3 (3.5)
- Payments must go to assessments first, fines and fees second. This prevents the HOA from siphoning payments toward unsecured/non-foreclosable charges while leaving the foreclosable assessment debt growing. Aligns with the §209.5(8)(c) prohibition on fines-only foreclosure. C.R.S. §38-33.3-316.3 (4)
- Owners have a five-year window to sue the HOA for foreclosure-law violations, with damages up to $25,000 plus attorney fees and costs. The preponderance standard is the default civil-litigation burden — easier for owners to meet than "clear and convincing." C.R.S. §38-33.3-316.3 (5)
- Since July 1, 2026, a junior lienor that is not a qualified holder cannot redeem on its own statement of what it is owed. It must give the officer receipts, invoices, and proof of each fee and cost it claims, and verify that each was reasonable and actually incurred by the day it filed its intent to redeem. C.R.S. §38-38-302 (1)(f)
- After an HOA lien foreclosure sale, a person in the priority list — the former owner first — has a window running from day 35 to day 180 to buy the property back by paying the sale price plus interest and allowed costs. C.R.S. §38-38-302 (4)(a)(II)(B)
- After an HOA forecloses and the unit sells, a ranked list of people may buy it back. The former owner is first in line, ahead of tenants, affordable-housing nonprofits, land trusts, housing co-ops, and government. C.R.S. §38-38-305.5 (1)(a)
Compliance (1)
- An association with time-share units in it is outside this audit and review regime entirely, however large it is and however many owners petition. C.R.S. §38-33.3-303 (4)(b)(V)
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Governance Documents
9
Assessment Collection
8
Foreclosure and Liens
4
Elections and Voting
3
Enforcement and Fines
3
Records Access and Inspection
3
Fiduciary Duty
2
Meetings and Notice
1
Resale Disclosure
1
Each chip links to the Colorado statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Colorado authorities →
Short title
The short-title section for Article 33.3, establishing the Colorado Common Interest Ownership Act (CCIOA). CCIOA is the unified statute governing every common interest community in Colorado — HOAs, condominium associations, planned communities, and cooperatives — created on or after July 1, 1992. Certain provisions also apply retroactively to pre-1992 communities under §38-33.3-117. CCIOA is based on the Uniform Common Interest Ownership Act (UCIOA) promulgated by the Uniform Law Commission; Colorado did not adopt UCIOA Article 4 (purchaser protections) or Article 5 (administration and registration).
Applicability to new common interest communities
The forward applicability section for CCIOA. Establishes that the article governs common interest communities created in Colorado on or after July 1, 1992, subject to the exceptions in §38-33.3-116. Read together with §38-33.3-117, which governs the reverse case, these two sections are what make a Colorado association's governing statute a function of its creation date rather than of its type alone: a community formed on or after the effective date is governed by CCIOA in full, while a pre-existing community receives only the enumerated provisions §117 extends to it.
Applicability to preexisting common interest communities
Defines which CCIOA provisions apply retroactively to common interest communities created in Colorado before July 1, 1992. Subsection (1) applies foundational provisions (definitions, construction rules, the assessment lien at §316, the records statute at §317 as of 2006, and others) to all pre-1992 communities for events occurring on or after July 1, 1992. Subsection (1.5) extends the public-disclosures regime (§§209.4–209.7), the board and budget rules in §303 and §308, and other governance provisions to pre-1992 communities for events on or after January 1, 2006. Subsection (1.9) extends the §303.5 construction defect procedure to all communities regardless of formation date.
Enforcement - limitation
The CCIOA enforcement and fee-recovery section. Subsection (1)(a) lets an association recover actual collection costs, reasonable attorney fees, and other actual costs for unpaid assessments without commencing a legal proceeding, and caps the recoverable attorney fees at five thousand dollars or fifty percent of the assessments and money owed, whichever is less. Subsection (1)(b) applies a parallel cap to non-assessment compliance failures, measured against actual costs rather than assessments. Subsection (1)(c)(II) caps a court's fee award in a collection action on the same terms, and permits the court to exceed the cap where it finds the unit owner was financially, physically, and reasonably able to comply but willfully failed to. Subsection (1)(f) lists the factors a court considers on fees in a lien foreclosure. Subsection (1)(g) adjusts the caps for inflation on August 1, 2025 and annually after, by the Denver-Aurora-Lakewood CPI for all urban consumers. The caps and the factor list were added by HB 24-1337, effective August 7, 2024. HB 25-1043, effective October 1, 2025, added (3): as a condition precedent to recovering money owed, collection costs, or attorney fees through foreclosure of an association lien, the association must strictly comply with the lien and foreclosure provisions of title 38 and of its own governing documents. A court that finds it out of strict compliance with title 38 may stay the case to give it time to comply, and no late fees, interest, or other delinquency charges may be assessed or accrued during the stay. The same act added (1)(f)(III.5), which adds to the fee factors whether the association incurred inflated or duplicative attorney fees because of such a stay. The act applies to enforcement actions instituted on or after October 1, 2025.
Public disclosures required - identity of association - agent - manager - contact information
The CCIOA public-disclosures statute. Subsection (1) requires identifying information about the association and management company within 90 days after declarant turnover. Subsection (2) requires that, within 90 days after turnover and after the close of every fiscal year, the association make available the annual disclosure package: fiscal year date, operating budget, assessment list by unit type, financial statements with reserve amounts, audit or review results, insurance summary, governing documents, meeting minutes, and the §209.5 responsible governance policies, and — since HB 26-1099, effective August 12, 2026 — the most recent §38-33.3-209.2 reserve study at (2)(j). Subsection (3) permits any of three delivery methods (web posting with notice, literature table, or mail/personal delivery). Subsection (4) exempts time-share units from the whole section. The CO RC profile required_items map to the §209.4(2)(a)-(i) enumeration and stop there: nothing on the certificate carries (2)(j).
Responsible governance policies - due process for imposition of fines - procedure for collection of delinquent accounts - enforcement through small claims court - definitions
The CCIOA "responsible governance" statute. Subsection (1) requires every association to maintain accurate accounting records and to adopt nine specific policies: collection of unpaid assessments; conflict of interest; conduct of meetings; covenant and rule enforcement (including notice/hearing and a fine schedule); inspection and copying of records; investment of reserve funds; adoption and amendment of policies; dispute resolution; and reserve study scheduling. Subsection (1.7), added by HB 22-1137 (2022), imposes pre-action contact and notice rules, prohibits daily late fees and daily fines, limits cure procedures, and caps total fines at $500 for a violation that does not threaten public safety or health. Subsection (2) requires a fair and impartial fact-finding process before fines can be imposed. Subsection (5) sets minimum collection policy content. Subsection (7) requires offering an 18-month repayment plan before judicial foreclosure. Subsection (8) caps interest on unpaid assessments at 8% per year, prohibits fees for status statements, and bars foreclosure on fines-only debt. Subsection (9) puts assessment-collection disputes under $7,500 within small-claims jurisdiction. HB 25-1043, effective October 1, 2025, added (1)(a.5), a standing duty to request periodically and keep a telephone number, a cellular number, and an email address for notices. It let regular mail count as one of the two further contacts in (1.7)(a)(I) where the owner or designated contact has not provided a telephone number, cellular number, or email address. It added to the (5)(a)(V) notice of delinquency a warning that the unit may be sold at auction with loss of equity and pointers to free state and federal information, and it set a seven-business-day deadline for a ledger copy requested through the contact the notice names. The act applies to enforcement actions instituted on or after October 1, 2025.
Powers of unit owners' association
Enumerates the powers of a Colorado common interest community association. Includes the power to adopt budgets, levy and collect assessments, hire managers, contract, regulate use of common elements (subject to §302.5 owner-access protections), impose late charges and (after notice and hearing) reasonable fines, impose reasonable charges for amendment recordation and statements of unpaid assessments, indemnify board members and carry D&O insurance, and exercise all general nonprofit-corporate powers. Modeled on UCIOA §3-102. Fines, late fees, and collection actions are subject to the §316.3 (HB 22-1137) restrictions and the §209.5 governance-policy regime.
Executive board members and officers - powers and duties - reserve funds - reserve study - audit
Governs the composition, powers, fiduciary standards, declarant-control transition, and budget-and-audit process of the Colorado HOA/condo executive board. Subsection (1) gives the board residual authority to act on behalf of the association and entitles every board member to all association information. Subsection (2) imposes a fiduciary duty on declarant-appointed board members and a wanton-and-willful-acts-only liability standard for owner-elected board members. Subsection (4)(a) sets the budget ratification procedure — board mails proposed budget summary to all owners within 90 days, owner meeting scheduled, budget deemed approved absent a majority veto. Subsection (4)(b) imposes audit-and-review requirements (audit required only when revenues/expenditures ≥ $250,000 AND 1/3 of owners request; review required when 1/3 of owners request). Subsection (5) sets declarant-control termination thresholds. Subsection (9) is the turnover document delivery checklist.
Meetings
Sets meeting and notice rules for both unit-owner meetings and executive board meetings. Subsection (1) requires annual unit-owner meetings; special meetings may be called by the president, by majority of the board, or by owners holding 20% (or any lower percentage in the bylaws). Notice must be hand-delivered or sent by US mail not less than 10 nor more than 50 days before the meeting; notice must also be posted in a conspicuous place. Subsection (2)(a) requires all regular and special meetings of the board (and any committee) to be open to attendance by all association members or their representatives. Subsection (2.5)(b) requires that owners be permitted to speak before any board vote on an issue. Subsections (3)–(7) govern executive session — permitted only for the topics enumerated in (4), and no rules may be adopted in executive session.
Quorums
Default quorum rules under CCIOA. Unit-owner meeting quorum is 20% of votes (10% for associations with more than 1,000 unit owners), unless the bylaws provide otherwise. Board meeting quorum is 50% of the votes on the board, unless the bylaws specify a larger percentage. Both apply at the beginning of the meeting; once present, the quorum is deemed present throughout.
Voting - proxies
Governs how unit owners cast votes in association elections and on association matters. Subsection (1) covers multi-owner unit voting and requires secret ballots for contested board positions (and on demand by 20% of owners for any matter affecting the community). Subsection (2) authorizes proxies — written, dated, and revocable; void if undated or purportedly irrevocable; terminating 11 months after date unless the proxy specifies an earlier termination. Subsection (3) extends voting rights to lessees when the declaration so requires for specified matters. Subsection (4) disallows the association from casting votes on units it owns.
Tort and contract liability
Sets the framework for tort and contract liability of a Colorado common interest community association. Actions alleging association acts or omissions must be brought against the association, not against any unit owner. Where the act or omission occurred during a period of declarant control and the association gives the declarant reasonable notice and an opportunity to defend, the controlling declarant is liable for all tort losses not covered by insurance suffered by the association or owner, plus all costs the association would not have incurred but for the declarant''s act. Statutes of limitations affecting the association''s right of action are tolled until declarant control terminates. The declarant is also liable to the association for all funds collected during declarant control that were not properly expended.
Insurance
Establishes the mandatory insurance coverage every Colorado HOA/condo/cooperative must maintain. Subsection (1)(a) requires property insurance on the common elements at full insurable replacement cost (less applicable deductibles); subsection (1)(b) requires commercial general liability covering ownership/management of common elements (and, in cooperatives, of all units). Subsection (2) addresses building coverage in cooperatives and condominiums with horizontal-boundary units. Subsection (3) requires prompt owner notice if insurance becomes unreasonably unavailable or is canceled without replacement. Subsection (4) requires the policy to name unit owners as insured persons (waive subrogation against unit owners, no act/omission of a unit owner voids the policy, and the association''s policy is primary if there is overlapping unit-owner coverage). Subsection (8) requires 30 days'' written notice of cancellation or nonrenewal to the association and to each owner with a certificate.
Assessments for common expenses
Authorizes the executive board to levy assessments for common expenses. Until the association makes its first common-expense assessment, the declarant pays all common expenses. After the first assessment, common expenses are assessed against all units in accordance with the declaration''s allocation formula (subject to §38-33.3-207(1) and (2)). Per HB 22-1137 (2022), past-due common-expense assessments bear interest at the rate set by the association, NOT to exceed 8% per year. Special-allocation rules apply for limited-common-element maintenance, sub-community benefit, insurance costs allocated by risk, utility costs by usage, and misconduct-caused expenses.
Lien for assessments - liens for fines, fees, charges, costs, and attorney fees - limitations - definition
The Colorado HOA assessment lien statute. Subsection (1) creates a statutory lien on every unit for any assessment levied against the unit; fees, fines, late charges, interest, and similar charges may be subject to the lien but are NOT subject to foreclosure under Article 33.3. Subsection (2) gives the lien six-month super-priority status — six months of common-expense assessments prime a first security interest. Subsection (5) extinguishes the lien six years after the most recent unpaid assessment due date unless enforcement proceedings are instituted within that period. Subsection (8) IS the Colorado "status letter" (resale-certificate) statute: a written statement of unpaid assessments must be furnished within 14 calendar days of written request, is binding on the association, executive board, and every unit owner, and failure to furnish extinguishes the lien for assessments due as of the request date. Subsection (10.5) requires personal-judgment-first (or specified alternatives) before foreclosure. Subsection (11) authorizes foreclosure in like manner as a mortgage but only when the unpaid balance equals six months of common expense assessments AND the board has formally resolved by recorded vote to authorize the specific filing. Subsection (12) bars purchase of foreclosed units by board members, management-company employees, law-firm employees, their immediate families, and the management company itself. The bar reaches back five years before the sale and extends to business entities owned by or affiliated with any of them. Subsections (10.3), (10.8), and (11.2), added by HB 25-1043 effective October 1, 2025, add three pre- and post-filing notice duties: thirty days' written and electronic notice of the right to credit counseling, thirty days' notice of intent to foreclose sent by certified mail and by at least two further means in the owner's preferred language, and notice to every identified lienholder within five business days after filing, of the right to cure and the right to move to stay the sale. Subsection (14), added by the same act, defines "assessment" for this section to mean a payment for common expense obligations or for limited common elements and to include fees specific to delinquent payments and reasonable collection costs. The act applies to enforcement actions instituted on or after October 1, 2025.
Collections - limitations - violations
The CCIOA collection-limitations statute, substantially expanded by HB 22-1137 (2022) and HB 24-1337 (2024). Subsection (1) requires associations (and any holder or assignee of association debt) to adopt and comply with a collections policy meeting the §209.5(5) requirements and to make a good-faith effort to coordinate a payment plan. Subsection (2) requires payment plans to allow repayment over at least 18 months. Subsection (3.5) bars foreclosure of a §316 lien while the owner is in compliance with a §316.3 payment plan. Subsection (4) requires payments from owners with mixed assessment and fine debt to be applied first to assessments. Subsection (5) creates a five-year private right of action with damages up to $25,000 plus costs and attorney fees against an association that violates Colorado foreclosure laws.
Association records - rules - timely transfer of association money and records to new management company or the association - penalty - civil action - damages - attorney fees
Establishes the rights of unit owners to inspect and copy association records, and lists the records the association must maintain in addition to those required by §38-33.3-209.4(2). Required records include detailed receipts and expenditures, construction-defect claim records, meeting minutes, written communications and votes outside meetings, unit-owner roster with addresses and vote counts, the declaration and other governing documents and responsible governance policies, financial statements for three years and tax returns for seven years, the list of current board members, the §317(1)(h.5) fee-schedule disclosure (transfer fees, record change fees, status letter charges), the §317(1)(h.6) annual disclosures, the most recent reserve study if any, contracts, design/architectural decisions, voting records, and three years of general unit-owner communications. Subsection (4) governs the fee for record copies — actual cost only, no profit. Subsection (4.5) imposes a $50/day penalty (capped at $500 or actual damages, whichever is greater) for failure to allow inspection or copying within 30 calendar days of certified-mail request. Subsection (8) carves associations that include time share units out of (1)(h.5), (1)(h.6), (4), and (4.5). Subsection (9), added by HB 26-1099 effective August 12, 2026, gives a departing management company forty-five days to hand over association money and records, at $250 per business day late and treble damages for a willful violation.
Redemption by lienor - procedure - definition
The general lienor redemption procedure for foreclosure sales, amended by HB 24-1337 (2024) to carry a separate track for association liens. Where the lien foreclosed is a unit association lien, an alternate lienor under §38-38-305.5 may redeem no sooner than thirty-five days and no later than one hundred eighty days after the sale, by paying the sale amount with interest plus the sums allowed under §38-38-107. Subsection (11) defines "unit association lien" as a lien in a unit in a common interest community. The redemption window sits in Article 38 of Title 38, not in CCIOA — a distinction that matters when reading a compliance summary that places it in §38-33.3-316. HB 26-1098, effective July 1, 2026, made three changes. Under new (1)(c.5), the holder of an assigned lien may redeem only if the assignment was recorded with the county clerk and recorder at least fifteen calendar days before the sale. Under (1)(e), a lienor may attach recorded copies, rather than certified copies, of its instrument and any assignment. Under (1)(f), a junior lienor that is not a qualified holder must also submit receipts, invoices, and proof of its fees and costs and verify that they are reasonable and were actually incurred as of the filing of its intent to redeem.
Persons considered as lienors - redemption of property
Added in its entirety by HB 24-1337 (2024), effective August 7, 2024. The section creates a class of "alternate lienors" who may redeem property sold at an association lien foreclosure without holding a lien amount, and ranks them: the former unit owner first, then a tenant whose unrecorded tenancy predates the lis pendens, then a nonprofit whose primary purpose is developing or preserving affordable housing, then a community land trust, then a cooperative housing corporation formed under article 33.5 of title 38, and last the state or a political subdivision. Alternate-lienor redemption is subordinate to a lienor holding evidence of debt secured by the property and to a person deemed a lienor under §38-38-305. Subsection (3) limits the section to foreclosure of a lien in a unit in a common interest community by an association. The act applies to debts accrued on or after August 7, 2024.
Source: Colorado state legislature. Statutes verified by CommunityPay. Last verified Sept. 2026.
Recent Legal Changes (Last 12 Months)
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Jul 1, 2026
HB 26-1098 (Chapter 90, Session Laws of Colorado 2026) amended C.R.S. §38-38-302, Colorado's statute on redemption by lienors after a foreclosure sale. New (1)(c.5): "If a lien is assigned, the holder's rights under this section are valid only if the assignment of the lien is duly recorded in the office of the clerk and recorder of the county at least fifteen calendar days prior to the actual date of sale." Subsection (1)(e) now lets a lienor attach "recorded copies thereof" in place of the original instrument and any assignment of the lien; it previously read "certified copies thereof". Amended (1)(f) adds: "A junior lienor that is not a qualified holder shall also submit to the officer receipts, invoices, and proof of fees and costs and verify that all fees and costs are reasonable and were actually incurred as of the date of the filing of the intent to redeem." Effective July 1, 2026.
C.R.S. §38-38-302
· Statute amended
Drift detection: when a statute's text changes, dependent content is automatically flagged for review and re-verification. See all Colorado changes →
Pending & Recent Colorado HOA Legislation
Last action: Apr 13, 2026
Last action: Jun 2, 2026
Last action: May 29, 2026
Last action: May 29, 2026
Last action: May 27, 2026
Last action: May 7, 2026
Last action: May 5, 2026
Last action: Mar 12, 2026
Last action: Feb 25, 2026
9 HOA-relevant bills tracked for Colorado · refreshed Oct 3, 2026 · Source: LegiScan
Case Law Interpreting These Statutes
Mere recordation of a declaration and plat does not, by itself, create a common interest community under CCIOA. Formation of a common interest community requires that real estate actually be subjected to a declaration that obligates the owner of that real estate to pay assessments …
A Colorado HOA's super-priority assessment lien under C.R.S. §38-33.3-316(2) is capped in amount by reference to six months of regular periodic assessments, but the component charges within the lien may include not only past-due assessments but also late charges, interest, attorney fees, and other allowable …
Subcontractors owe homeowners an independent duty of care to construct homes without negligence, separate from any contractual obligation, and the economic loss rule does not bar a negligence claim against a subcontractor for residential construction defects. The Colorado Supreme Court affirmed that CCIOA grants a …
An HOA covenant modification clause permitting amendment of the declaration by 75% owner approval is broad enough to allow the addition of an entirely new substantive covenant — including a covenant making association membership and assessment payment mandatory where membership was previously voluntary. The court …
An HOA board's covenant-enforcement decisions are evaluated under the business judgment rule rather than a strict-liability standard. Because the enforcement of restrictive covenants requires the exercise of discretion as to timing and manner, courts afford the board considerable latitude — board action must be made …
Frequently Asked Questions — Colorado HOA Law
How long does a Colorado HOA have to deliver a resale certificate?
Under C.R.S. §38-33.3-316, a Colorado association must deliver the resale certificate within 14 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: C.R.S. §38-33.3-316
What are the rules for HOA late fees in Colorado?
Under C.R.S. §38-33.3-209.5, daily late fees and daily fines are prohibited. A late fee charged outside these limits is not collectible against the unit owner.
Source: C.R.S. §38-33.3-209.5
What is the default quorum for Colorado HOA owner meetings?
Under C.R.S. §38-33.3-309, the default quorum at a Colorado unit-owner meeting is 20% of the voting interests, measured at the start of the meeting. The bylaws or declaration may set a higher percentage but generally may not go below the statutory floor. Quorum may be satisfied in person or by proxy.
Source: C.R.S. §38-33.3-309
Do owners have a right to inspect Colorado HOA records?
Yes. Under C.R.S. §38-33.3-317, records must be made available within 30 days of a written request and financial records must be retained for at least 3 years. The association may charge reasonable copying fees but may not impose access or retrieval fees designed to discourage inspection. Limited categories (attorney-client privileged material, executive-session records, owner-privacy data) may be withheld.
Source: C.R.S. §38-33.3-317
Does a Colorado HOA assessment lien have priority over a first mortgage?
Yes — Colorado is a 'super-priority' state. Under C.R.S. §38-33.3-316, the association's lien for 6 months of unpaid assessments takes priority over a first-recorded mortgage. When the HOA forecloses, the first mortgage lender must either pay the 6 months of super-priority assessments or risk losing its lien — a significant collection tool for the association.
Source: C.R.S. §38-33.3-316
What is HB 24-1337 and how does it affect Colorado HOAs?
HB 24-1337 (Chapter 422, Session Laws of Colorado 2024) — "Real Property Owner Unit Association Collections" — was signed on June 5, 2024 and took effect on August 7, 2024. House Bill 24-1337 rewrote how a Colorado association collects a delinquent assessment and forecloses an assessment lien. At C.R.S. §38-33.3-316 it added subsection (10.5), barring foreclosure of an assessment lien unless the association first obtained a personal judgment against the unit owner, with alternatives for the owner's death or incapacity, an inability to serve within one hundred eighty days, and bankruptcy; subsection (10.6), confining that protection to a unit the owner occupies as a principal residence and to workforce housing; subsection (10.7), requiring written and electronic notice of the right to engage in mediation at least thirty days before initiating a foreclosure action, plus notice to identified lienholders; and subsection (13), taking a foreclosure purchaser subject to covenants and limitations that bound the previous owner. It amended subsection (12) to extend the bar on purchasing a foreclosed unit to the management company itself, to a five-year lookback, and to business entities owned by or affiliated with a prohibited party. At §38-33.3-316.3 it added subsection (3.5), barring foreclosure while the owner complies with a required payment plan. At §38-33…
Answers derived from the Colorado legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
Colorado HOA Fee Benchmark
$298
Avg Median Monthly Fee
$101 – $450
County Range
136824
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 64 counties with data.
Communities by City
Denver
1587
Colorado Springs
831
Westminster
636
Fort Collins
627
Grand Junction
585
Lakewood
396
Aurora
387
Boulder
380
Englewood
352
Steamboat Springs
340
Durango
318
Loveland
298
Aspen
276
Littleton
266
Greeley
214
Telluride
209
Avon
208
Breckenridge
201
Longmont
172
Golden
165
Crested Butte
156
Montrose
150
Centennial
146
Parker
144
Vail
139
Frisco
134
Arvada
130
Glenwood Springs
129
Estes Park
125
Greenwood Village
115
Carbondale
105
Edwards
104
Winter Park
103
Salida
94
Broomfield
93
Silverthorne
92
Pueblo
91
Basalt
86
Dillon
86
Castle Rock
84
Fruita
83
Thornton
83
Pagosa Springs
82
Gunnison
76
Evergreen
75
Fraser
56
Snowmass Village
48
Lafayette
45
Ridgway
45
Rifle
44
Windsor
43
Berthoud
40
Eagle
40
Keystone
40
Niwot
40
Erie
35
Grand Lake
35
Highlands Ranch
32
Monument
32
Canon City
31
Buena Vista
29
Granby
29
Mountain Village
29
Westcliffe
29
Copper Mountain
26
Wheat Ridge
26
Gypsum
25
Louisville
25
New Castle
25
Brighton
24
Wellington
24
Woodland Park
23
Johnstown
22
Bayfield
20
Eldorado Springs
19
Ouray
19
Cortez
18
Elizabeth
17
Peyton
17
Battlement Mesa
16
Delta
16
Clifton
15
La Veta
15
Morrison
14
South Fork
14
Eaton
13
Franktown
13
Larkspur
13
Leadville
13
Lyons
13
Oak Creek
13
Florissant
12
Sterling
12
Dolores
11
Mancos
11
Pine
11
Lone Tree
10
Nathrop
10
Palisade
10
Commerce City
9
Creede
9
Hayden
9
Hesperus
9
Idaho Springs
9
Silt
9
Trinidad
9
Alamosa
8
Almont
8
Firestone
8
Fort Morgan
8
Lake City
8
Livermore
8
Manitou Springs
8
Mead
8
Minturn
8
Sedalia
8
Snowmass
8
Whitewater
8
Beulah
7
Castle Pines
7
Cedaredge
7
Fairplay
7
Florence
7
Frederick
7
Glade Park
7
Laporte
7
Tabernash
7
Weston
7
Bailey
6
Brush
6
Conifer
6
Divide
6
Eagle-Vail
6
Nederland
6
Norwood
6
Olathe
6
Paonia
6
Pueblo West
6
Woody Creek
6
Antonito
5
Bennett
5
Cotopaxi
5
Craig
5
Fort Lupton
5
Georgetown
5
Ignacio
5
Loma
5
Northglenn
5
Walsenburg
5
Watkins
5
Aguilar
4
Austin
4
Black Hawk
4
Clark
4
Cripple Creek
4
Elbert
4
Fountain
4
Guffey
4
Henderson
4
Jefferson
4
Mack
4
Meeker
4
Mesa
4
Milliken
4
Placerville
4
Red Feather Lakes
4
Superior
4
Chromo
3
Cimarron
3
Colorado City
3
Como
3
Crawford
3
Cuchara
3
Eckert
3
Edgewater
3
Hotchkiss
3
Palmer Lake
3
Rye
3
Severance
3
Wiggins
3
Cascade
2
Collbran
2
Crestone
2
De Beque
2
Del Norte
2
Hartsel
2
Heeney
2
Hudson
2
Indian Hills
2
Kersey
2
Monte Vista
2
Mount Crested Butte
2
Platteville
2
Silver Cliff
2
Silverton
2
Timnath
2
Allenspark
1
Alma
1
Atwood
1
Ault
1
Blue River
1
Calhan
1
Coaldale
1
Dacono
1
El Jebel
1
Evans
1
Federal Heights
1
Fort Garland
1
Gardner
1
Glendale
1
Hot Sulphur Springs
1
Howard
1
Keenesburg
1
Kiowa
1
Kittredge
1
Kremmling
1
La Jara
1
La Junta
1
Lake George
1
La Salle
1
Limon
1
Marble
1
Merino
1
Moffat
1
Ophir
1
Parachute
1
Penrose
1
Pierce
1
Poncha Springs
1
Rangely
1
Redstone
1
Rico
1
Somerset
1
Strasburg
1
Twin Lakes
1
Williamsburg
1
Yampa
1
Yuma
1
Free download · Email gated
Download the Colorado HOA & Condo Compliance Checklist
One PDF — every active Colorado statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Colorado Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations