C.R.S. §38-33.3-302
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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.

Status Active
Verified Sep 5, 2026
Source Official text

Reviewed · Colorado changes feed

Statutory Text Verified Aug 5, 2026 · OTHER
C.R.S. Section 38-33.3-302 Powers of unit owners’ association (1) Except as provided in subsections (2) and (3) of this section, and subject to the provisions of the declaration, the association, without specific authorization in the declaration, may: (a) Adopt and amend bylaws and rules and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners; (c) Hire and terminate managing agents and other employees, agents, and independent contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the common interest community; (e) Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement, and modification of common elements; except that, in regulating the use of common elements by unit owners, the association shall comply with section 38-33.3-302.5 , including during the maintenance, repair, replacement, or modification of a common element; (g) Cause additional improvements to be made as a part of the common elements; (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, subject to the following exceptions: (I) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to section 38-33.3-312 ; and (II) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to section 38-33.3-312 ; (i) Grant easements, leases, licenses, and concessions through or over the common elements; (j) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements described in section 38-33.3-202 (1)(b) and (1)(d); (k) Intentionally left blank —Ed. (I) Impose charges for late payment of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association. (II) The association may not levy fines against a unit owner for violations of declarations, bylaws, or rules of the association for failure to adequately water landscapes or vegetation for which the unit owner is responsible when water restrictions or guidelines from the local water district or similar entity are in place and the unit owner is watering in compliance with such restrictions or guidelines. The association may require proof from the unit owner that the unit owner is watering the landscape or vegetation in a manner that is consistent with the maximum watering permitted by the restrictions or guidelines then in effect. (l) Impose reasonable charges for the preparation and recordation of amendments to the declaration or statements of unpaid assessments; (m) Provide for the indemnification of its officers and executive board and maintain directors’ and …
Assessment
Ref Requirement
(1)(b) 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.
Enforcement
Ref Requirement
(1)(d) 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.
(1)(k) 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.
Financial
Ref Requirement
(1)(l) 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).
Governance
Ref Requirement
(1)(c) 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.
(1)(f) 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.
(1)(p) 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.
Legal references last verified September 5, 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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