Change in the law — Colorado

C.R.S. §38-33.3-209.5: statute amended

In force from October 1, 2025 Published October 17, 2026 Session law or source C.R.S. §38-33.3-209.5 in full

HB 25-1043 (Chapter 433, Session Laws of Colorado 2025) amended Colorado's collection-policy statute, C.R.S. §38-33.3-209.5. An association must now "Request periodically from a unit owner or designated contact, and maintain in the association's records ... a telephone number for phone calls, a cellular number for texts, and an email address for emails". Regular mail now counts toward the two contacts, beyond the certified-mail notice, that an association must make before it refers a delinquency to a collection agency or attorney, "if the unit owner or designated contact has not provided a telephone number, cellular number, or email address as additional means by which to receive notices." The notice of delinquency must now warn of "the sale of the unit owner's unit at auction to pay delinquent assessments, which could result in the unit owner losing some or all of the unit owner's equity in the unit". It must also say how to reach free online information through the state's HOA information and resource center, and the availability of "online information from the federal department of housing and urban development concerning credit counseling before foreclosure that may be accessed through a link on the department of local affairs' website." A ledger copy requested through the contact the notice names "must be provided to the unit owner no later than seven business days after receipt of the unit owner's request". 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

(1) To promote responsible governance, associations shall: (a) Maintain accurate and complete accounting records; and

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(II) Refer a delinquent account to a collection agency or attorney only if a majority of the executive board votes to refer the matter in a recorded vote at a meeting conducted pursuant to section 38-33.3-308 (4)(e).

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(C) The name and contact information for the individual the unit owner may contact to request a copy of the unit owner’s ledger in order to verify the amount of the debt; ~~and~~ (D) That action is required to cure the delinquency and that failure to do so within thirty days may result in the unit owner’s delinquent account being turned over to a collection agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien against the unit owner’s property, or other remedies available under Colorado law;

After

(1) To promote responsible governance, associations shall: (a) Maintain accurate and complete accounting records; and (a.5) Request periodically from a unit owner or designated contact, and maintain in the association's records for purposes of providing notice to the unit owner as required pursuant to this section and this title 38, a telephone number for phone calls, a cellular number for texts, and an email address for emails;

…

(D) By regular mail, if the unit owner or designated contact has not provided a telephone number, cellular number, or email address as additional means by which to receive notices. (II) Refer a delinquent account to a collection agency or attorney only if a majority of the executive board votes to refer the matter in a recorded vote at a meeting conducted pursuant to section 38-33.3-308 (4)(e).

…

(C) The name and contact information for the individual the unit owner may contact to request a copy of the unit owner's ledger in order to verify the amount of the debt, which copy of the ledger must be provided to the unit owner no later than seven business days after receipt of the unit owner's request; (D) That action is required to cure the delinquency and that failure to do so within thirty days may result in the unit owner's delinquent account being turned over to a collection agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien against the unit owner's property, the sale of the unit owner's unit at auction to pay delinquent assessments, which could result in the unit owner losing some or all of the unit owner's equity in the unit, or other remedies available under Colorado law; and (E) The availability of, and instructions on how to access, free online information through the HOA information and resource center created in section 12-10-801 (1) relating to the collection of assessments by an association, including the association's ability to foreclose an association lien for unpaid assessments and force the sale of the unit owner's home, and the availability of online information from the federal department of housing and urban development concerning credit counseling before foreclosure that may be accessed through a link on the department of local affairs' website.

Struck-through words were removed by the change; underlined words were added.

Quoted word for word from CommunityPay's captures of the text: before, July 13, 2026, from a copy published by colorado.public.law; after, September 5, 2026, from the official text (entered by hand). Passages separated by an ellipsis come from different places in the section.

C.R.S. §38-33.3-209.5 → All Colorado changes →

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