Colorado HOA & Condo Laws

Recent Changes — Colorado 6 verified changes on record
In force Oct 1, 2025 New subsection added C.R.S. §38-33.3-123

HB 25-1043 (Chapter 433, Session Laws of Colorado 2025) added C.R.S. §38-33.3-123(3): "as a condition precedent to recovering money owed to an association, collection costs, or reasonable attorney fees or costs through the foreclosure of an association lien, the association shall strictly comply with any applicable association lien or foreclosure provisions of this title 38 and any applicable lien or foreclosure provisions of the association's declaration, bylaws, articles, and rules and regulations." If a court determines that the community "is not in strict compliance with the lien or foreclosure provisions of this title 38", it "may stay the proceedings to grant the association a reasonable period of time to come into strict compliance with the law." During the stay "the association shall not assess or accrue late fees, interest, or other delinquency charges against the unit owner." New (1)(f)(III.5) adds a factor for a court setting attorney fees in a foreclosure of a lien for unpaid assessments: "Whether the association incurred inflated or duplicative attorney fees due to a stay in court proceedings". The act applies to enforcement actions instituted on or after October 1, 2025. Effective October 1, 2025. The change in full →

In force Aug 12, 2026 New subsection added C.R.S. §38-33.3-209.4

HB 26-1099 (Chapter 42, Session Laws of Colorado 2026) added the reserve study to the information a Colorado association must disclose to unit owners each year under C.R.S. §38-33.3-209.4(2): "(j) The most recent reserve study required pursuant to section 38-33.3-209.2." The same act added §38-33.3-209.2, which requires the declarant of a planned community or condominium, before control passes to the association, to commission and pay for a reserve study that projects costs over a thirty-year period. Effective August 12, 2026. The change in full →

In force Oct 1, 2025 Statute amended C.R.S. §38-33.3-209.5

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. The change in full →

All Colorado changes →
Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

C.R.S. §38-33.3-123

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 …

Official text →
C.R.S. §38-33.3-209.5

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; …

Official text →
C.R.S. §38-33.3-302

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 …

Official text →
C.R.S. §38-33.3-315

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 …

Official text →
C.R.S. §38-33.3-316

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 …

Official text →
C.R.S. §38-33.3-316.3

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 …

Official text →
C.R.S. §38-38-302

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 …

Official text →
C.R.S. §38-38-305.5

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 …

Official text →
Case Law · Colorado Supreme Court

Pulte Home Corporation, Inc. v. Countryside Community Association, Inc. →

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 …

Decided Sep 12, 2016
Case Law · Colorado Court of Appeals

First Atlantic Mortgage, LLC v. Sunstone North Homeowners Association, Inc. →

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 …

Decided Jun 16, 2005
Case Law · Colorado Supreme Court

A.C. Excavating, Inc. v. Yacht Club II Homeowners Association, Inc. →

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 …

Decided Jun 13, 2005
Case Law · Colorado Supreme Court

Evergreen Highlands Association v. West →

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 …

Decided Jun 23, 2003
Case Law · Colorado Court of Appeals

Colorado Homes, Ltd. v. Loerch-Wilson →

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 …

Decided Nov 8, 2001
Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

C.R.S. §38-33.3-308

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 …

Official text →
Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

C.R.S. §38-33.3-308

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 …

Official text →
C.R.S. §38-33.3-309

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 …

Official text →
C.R.S. §38-33.3-310

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 …

Official text →
Case Law · Colorado Court of Appeals

Colorado Homes, Ltd. v. Loerch-Wilson →

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 …

Decided Nov 8, 2001
Records Access and Inspection Compare across states →

Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.

C.R.S. §38-33.3-209.4

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, …

Official text →
C.R.S. §38-33.3-303

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 …

Official text →
C.R.S. §38-33.3-317

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 …

Official text →
Case Law · Colorado Court of Appeals

Colorado Homes, Ltd. v. Loerch-Wilson →

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 …

Decided Nov 8, 2001
Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

C.R.S. §38-33.3-123

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 …

Official text →
C.R.S. §38-33.3-209.5

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; …

Official text →
C.R.S. §38-33.3-316.3

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 …

Official text →
Case Law · Colorado Court of Appeals

First Atlantic Mortgage, LLC v. Sunstone North Homeowners Association, Inc. →

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 …

Decided Jun 16, 2005
Case Law · Colorado Supreme Court

A.C. Excavating, Inc. v. Yacht Club II Homeowners Association, Inc. →

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 …

Decided Jun 13, 2005
Case Law · Colorado Supreme Court

Evergreen Highlands Association v. West →

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 …

Decided Jun 23, 2003
Case Law · Colorado Court of Appeals

Colorado Homes, Ltd. v. Loerch-Wilson →

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 …

Decided Nov 8, 2001
House Bill · 2022

HB 22-1137 — HOA Board Accountability & Transparency →

House Bill 22-1137 was the most owner-protective HOA reform enacted in Colorado in the modern era. Sponsored by Representatives Naquetta Ricks and Mary Bradfield and …

Signed Jun 3, 2022
Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

C.R.S. §38-33.3-316

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 …

Official text →
Case Law · Colorado Court of Appeals

First Atlantic Mortgage, LLC v. Sunstone North Homeowners Association, Inc. →

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 …

Decided Jun 16, 2005
Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

C.R.S. §38-33.3-303

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 …

Official text →
C.R.S. §38-33.3-311

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 …

Official text →
Case Law · Colorado Court of Appeals

Colorado Homes, Ltd. v. Loerch-Wilson →

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 …

Decided Nov 8, 2001
Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

C.R.S. §38-33.3-101

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 …

Official text →
C.R.S. §38-33.3-115

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 …

Official text →
C.R.S. §38-33.3-117

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, …

Official text →
C.R.S. §38-33.3-209.4

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, …

Official text →
C.R.S. §38-33.3-209.5

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; …

Official text →
C.R.S. §38-33.3-302

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 …

Official text →
C.R.S. §38-33.3-303

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 …

Official text →
C.R.S. §38-33.3-311

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 …

Official text →
C.R.S. §38-33.3-313

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 …

Official text →
Case Law · Colorado Supreme Court

Pulte Home Corporation, Inc. v. Countryside Community Association, Inc. →

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 …

Decided Sep 12, 2016
Case Law · Colorado Supreme Court

A.C. Excavating, Inc. v. Yacht Club II Homeowners Association, Inc. →

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 …

Decided Jun 13, 2005
Case Law · Colorado Supreme Court

Evergreen Highlands Association v. West →

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 …

Decided Jun 23, 2003
Case Law · Colorado Court of Appeals

Colorado Homes, Ltd. v. Loerch-Wilson →

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 …

Decided Nov 8, 2001
Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

C.R.S. §38-33.3-316

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 …

Official text →
C.R.S. §38-33.3-316.3

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 …

Official text →
C.R.S. §38-38-302

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 …

Official text →
C.R.S. §38-38-305.5

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 …

Official text →
Case Law · Colorado Court of Appeals

First Atlantic Mortgage, LLC v. Sunstone North Homeowners Association, Inc. →

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 …

Decided Jun 16, 2005
Architectural Review Compare across states →

Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …

Case Law · Colorado Supreme Court

Evergreen Highlands Association v. West →

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 …

Decided Jun 23, 2003
Other Authorities
House Bill 2024

HB 24-1337 — Real Property Owner Unit Association Collections →

Legislative History
Jun 2022
HB 22-1137 → — HOA Board Accountability & Transparency

House Bill 22-1137 was the most owner-protective HOA reform enacted in Colorado in the modern era. Sponsored by Representatives Naquetta Ricks and Mary Bradfield and …

Jun 2024
HB 24-1337 → — Real Property Owner Unit Association Collections

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 …

Legal Facts by Category
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)
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)
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)
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)
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)
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)
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)
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)
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)
Related Resources
Most recent Colorado-driven content update: Colorado HOA Foreclosure After HB 24-1337
Legal references last verified October 11, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.

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