C.R.S. §38-33.3-209.4
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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).
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Change History
1 verified change on record
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.
Before
(h) The minutes of the executive board and member meetings for the fiscal year immediately preceding the current annual disclosure; and
(i) The association’s responsible governance policies adopted under section 38-33.3-209.5 .
After
(h) The minutes of the executive board and member meetings for the fiscal year immediately preceding the current annual disclosure;
(i) The association's responsible governance policies adopted under section 38-33.3-209.5; and
(j) The most recent reserve study required pursuant to section 38-33.3-209.2.
Statutory Text
Verified Sep 5, 2026 · olls-title38-pdf
38-33.3-209.4. Public disclosures required - identity of association - agent - manager - contact information. (1) Within ninety days after assuming control from the declarant pursuant to section 38-33.3-303 (5), the association shall make the following information available to unit owners upon reasonable notice in accordance with subsection (3) of this section. In addition, if the association's address, designated agent, or management company changes, the association shall make updated information available within ninety days after the change: (a) The name of the association; (b) The name of the association's designated agent or management company, if any; (c) A valid physical address and telephone number for both the association and the designated agent or management company, if any; (d) The name of the common interest community; (e) The initial date of recording of the declaration; and (f) The reception number or book and page for the main document that constitutes the declaration. (2) Within ninety days after assuming control from the declarant pursuant to section 38-33.3-303 (5), and within ninety days after the end of each fiscal year thereafter, the association shall make the following information available to unit owners upon reasonable notice in accordance with subsection (3) of this section: (a) The date on which its fiscal year commences; (b) Its operating budget for the current fiscal year; (c) A list, by unit type, of the association's current assessments, including both regular and special assessments; (d) Its annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the current annual disclosure; (e) The results of its most recent available financial audit or review; (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. (g) All the association's bylaws, articles, and rules and regulations; (h) The minutes of the executive board and member meetings for the fiscal year immediately preceding the current annual disclosure; (i) The association's responsible governance policies adopted under section 38-33.3-209.5; and (j) The most recent reserve study required pursuant to section 38-33.3-209.2. (3) It is the intent of this section to allow the association the widest possible latitude in methods and means of disclosure, while requiring that the information be readily available at no cost to unit owners at their convenience. Disclosure shall be accomplished by one of the following means: Posting on an internet web page with accompanying notice of the web address via first-class mail or email; the maintenance of a literature table or binder at the association's principal place of business; or mail or personal delivery. The cost of such distribution shall be accounted for as a common expense liability. (4) Notwithstanding section 38-33.3-117 (1.5)(c), this section shall not apply to a unit, or the owner thereof, if the unit is a time-share unit, as defined in section 38-33-110 (7). Source: L. 2005: …
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Assessment
| Ref | Requirement |
|---|---|
| (2)(c) | 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. |
Disclosure
| Ref | Requirement |
|---|---|
| (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. |
Financial
| Ref | Requirement |
|---|---|
| (2)(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. |
| (2)(b) | 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. |
| (2)(d) | 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. |
| (2)(e) | 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). |
| (2)(j) | 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. |
Governance
| Ref | Requirement |
|---|---|
| (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. |
| (2)(f) | 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. |
| (2)(g) | 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. |
| (2)(h) | 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. |
| (2)(i) | 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. |
| (3) | 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. |
Articles Citing This Statute
- Reserve Study Mandates by State: What the Statutes Say (2)(j) Supporting
- Colorado Resale Certificates: What CCIOA Requires (and What It Costs to Skip) (2)(h), (2)(g), (2)(f), (2)(e), (2)(j), (2)(d), (2)(c), (2)(b), (2)(i), (2)(a) Primary
Legal references last verified October 11, 2026.
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