Change in the law — Colorado

C.R.S. §38-33.3-316: new subsection added

In force from October 1, 2025 Published October 17, 2026 Session law or source C.R.S. §38-33.3-316 in full

HB 25-1043 (Chapter 433, Session Laws of Colorado 2025) added notice steps around an association's foreclosure of its lien under C.R.S. §38-33.3-316. "At least thirty days before initiating a legal action to foreclose an association lien", the association must give the owner written and electronic notice that the owner "has the right to participate in credit counseling at the unit owner's expense" and where information on it is available (10.3). Also at least thirty days before, it must send a notice of its intent to foreclose by certified mail, return receipt requested, and by at least two of phone, text, email, or regular mail, stating that if the court forecloses it will order the unit sold at auction, that the owner could lose some or all equity in the unit, and that the owner has rights to credit counseling and mediation (10.8). "No later than five business days after an association initiates legal action to foreclose", it must give written and electronic notice to "all lienholders identified in the unit owner property records" of the right to cure and of the owner's right to move to stay the sale (11.2). New (14) defines "assessment" as a budget-based common expense payment or a payment for limited common elements, and it "includes fees specific to delinquent payments and reasonable collection costs for collecting delinquent payments." The act applies to enforcement actions instituted on or after October 1, 2025. Effective October 1, 2025.

What the law said, and what it says now

Before

Not in the law before this change.

After

(10.3) At least thirty days before initiating a legal action to foreclose an association lien, the association shall provide written and electronic notice to the unit owner or the unit owner's designee that: (a) The unit owner has the right to participate in credit counseling at the unit owner's expense and that information relating to obtaining credit counseling and the consequences of foreclosure by an association is available through the HOA information and resource center created in section 12-10-801 (1) or through a link to the federal department of housing and urban development on the department of local affairs' website; and (b) Credit counseling may include: (I) Discussion of amounts owed to the association in unpaid assessments and related costs; (II) The impact of foreclosure on the unit owner's credit; (III) Additional debt that may be incurred by the unit owner if foreclosure by the association is completed; (IV) Options available to the unit owner to retain title to the unit or to remain in the unit; and (V) Any other options that may be available to the unit owner to avoid foreclosure.

…

(10.8) (a) In addition to the notifications or information that the association is required pursuant to section 38-33.3-209.5 to provide to a unit owner prior to initiating a legal action, at least thirty days before initiating a legal action to foreclose an association lien under this section, the association shall provide notice to the unit owner of the association's intent to foreclose the lien under this section.

…

(11.2) No later than five business days after an association initiates legal action to foreclose a lien described in this section, the association shall provide written and electronic notice to all lienholders identified in the unit owner property records of: (a) The right to cure the nonpayment pursuant to section 38-38-104; and (b) The right of the unit owner to file a motion to stay the sale of the property at auction pursuant to section 38-38-109.5.

Quoted word for word from CommunityPay's captures of the text: after, September 5, 2026, from the official text (entered by hand). Passages separated by an ellipsis come from different places in the section.

Articles updated for this change (1)

Colorado HOA Foreclosure After HB 24-1337

Updated for HB 25-1043 (Chapter 433, Session Laws of Colorado 2025), in force October 1, 2025. Verified against C.R.S. §38-33.3-316 — Lien for assessments - liens for fines, fees, charges, costs, and attorney fees - limitations - definition as of October 2026.

Updated October 17, 2026

C.R.S. §38-33.3-316 → All Colorado changes →

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