On this page: Does this apply to you? · Violation letters and fines · What an association cannot ban · Buying or selling: the status letter · Board members: strictly comply · Records · Behind on dues · Foreclosure and the nine-month stay · HOA or condo at a glance · Who to ask · What changes next
Does this apply to you?
CCIOA covers condominiums, cooperatives and planned communities created on or after 1 July 1992, whatever the association calls itself (115). Bracketed section numbers are in CCIOA unless another law is named: "(316(8))" means C.R.S. 38-33.3-316(8). Check the recording date on your declaration and count the units.
| Your home | Main law | Worth knowing |
| House or townhome in a planned community (HOA), created on or after 1 July 1992 | CCIOA (115) | Townhomes are usually planned communities. |
| Condo created on or after 1 July 1992 | CCIOA (115) | Condos are never in the small community exemption (116). |
| Townhome set up as a condominium | CCIOA, as a condo | The rules here are almost all the same. |
| Any community created before 1 July 1992 | Its own documents, plus the CCIOA sections listed in 117 | A long list: liens and status letters (316), payment plans (316.3), fees (123), fines and policies (209.4 to 209.7), records (317), registration (401) (117(1), (1.5)). Old condos also have C.R.S. 38-33 (115). |
| Small community created on or after 1 July 1992 (co-op or planned community) | Only sections 105 to 107 (116) | Only nonresidential units; or no more than 20 units and no development rights; or a planned community whose declaration caps each home's average yearly common expense liability at $400, adjusted for inflation each 1 July. It can opt into the whole act (116(4)). |
| Housing co-op | CCIOA | Not paying may lead to eviction (316(10)). |
| Metro district acting as an HOA | C.R.S. 32-1-1004.5 | Since HB24-1267 it needs a written fine policy and a dispute policy, and "shall not foreclose" these liens (32-1-1001(1)(j)(I.5)). |
Check this one: districts and tiny communities. Our reading is that CCIOA doesn't govern a metro district itself, so check who sent the letter. Older tiny communities have their own exemption: a co-op or planned community created before 1 July 1992 with no more than ten units and no development rights, or whose declaration sets the 116 expense limit, is subject only to sections 105 to 107 unless it amends its declaration to opt in (119). In a community that qualifies under 116 or 119, our reading is that the fine cap and the collection and foreclosure steps here may not apply. We haven't found the current $400 figure. Ask a Colorado-licensed attorney.
There is no Colorado HOA regulator. The Division of Real Estate's HOA Information and Resource Center is "not a regulatory program", and the State "has no authority to intervene" in owner disputes. Manager licensing expired on 30 June 2019, and the DRE says there is "no regulatory oversight" of managers. There is no HOA ombudsman.
Got a violation letter or a fine?
No daily fines. An association can't impose late fees or fines "on a daily basis" (209.5(1.7)(b)(I)). That has been the law for condos, HOAs and co-ops since 10 August 2022 (HB22-1137).
Ordinary violations: two 30-day windows, $500 total
- Certified mail. The notice comes by certified mail, return receipt requested, in English and any language you prefer, and gives you 30 days to cure (209.5(1.7)(b)(III)(A)).
- $500 total. If it isn't cured, the association may fine, but "the total amount of fines imposed for the violation may not exceed five hundred dollars" (209.5(1.7)(b)(III)(A)).
- Two windows. You get two consecutive 30-day periods to cure before the association may take legal action (209.5(1.7)(b)(III)(B)).
- Send photos. Notify the association of the cure with visual evidence, and the violation "is deemed cured on the date that the unit owner sends the notice" (209.5(1.7)(b)(IV)). Otherwise it inspects within seven days after a period ends (209.5(1.7)(b)(V)). Once it's cured, the association must tell you that you won't be fined further for it (209.5(1.7)(b)(VI)).
Check this one: "the violation". The law doesn't define it, so whether a repeat starts a new $500 total is unclear. Read the cap as per violation, not per year or per owner. It doesn't reach safety or health violations: for those you get 72 hours to cure, then the association "may impose fines on the unit owner every other day", with no dollar cap stated (209.5(1.7)(b)(II)).
Every fine needs a fair process
- A written policy the association "has adopted and follows", with notice and a hearing before an impartial decision maker, someone with no "direct personal or financial interest in the outcome" (209.5(1)(b)(IV), (2)). The hearing may be in executive session (308(4)(e)).
- Found not responsible? The association can't charge you its costs or fees (209.5(3)). If a court finds you didn't commit the violation, it must award you your reasonable fees and costs (123(1)(d)).
- A cap on legal fees. For a violation other than not paying, the association can seek attorney fees of no more than $5,000 or 50% of its actual costs, whichever is less (123(1)(b)). In a court case to collect money from you, a court may go above the cap only if it finds you were able to comply but "willfully failed to comply" (123(1)(c)(II)).
- Small claims hears assessment, fine and fee disputes up to $7,500 (209.5(9); C.R.S. 13-6-403).
- One year. A suit to enforce a building restriction must start within one year of when the violation was, or should have been, known (123(2)).
Fines alone can never take your home
Fines, fees, late charges, attorney fees and interest "may be subject to a statutory lien but are not subject to a foreclosure action" (316(1)(a)), and there can be no foreclosure where the debt "consists only of" fines and fine-related costs (209.5(8)(c)). This dates from 2022.
Check this one: late fees. HB25-1043 defined "assessment" in 316 to include "fees specific to delinquent payments and reasonable collection costs" (316(14)). How that fits with 316(1)(a) is untested, so the safe rule is: fines alone, never.
Letters for this: a notice of cure with photos, a hearing request, daily fines or fines over $500, a notice that skipped the steps, removing costs after you're cleared, and a records request.
What an association cannot ban
Architectural decisions must not be arbitrary or capricious (302(3)(b), as cited by the DRE). CCIOA also protects these items.
| Item | Cannot | Can still |
| Flags, window and yard signs (106.5(1)(a), (c)) | Ban or regulate by content | Ban commercial ones; content-neutral rules |
| Religious item on your entry door (106.5(1)(c.5)) | Ban it | Bar items over 36 square inches combined, or unsafe, obstructing or obscene ones |
| Marked emergency vehicle up to 10,000 lbs (106.5(1)(d)) | Ban parking it at home | Bar parking that blocks access |
| Disability modifications (106.5(1)(g)) | Ban them | Fair Housing Act standard |
| Xeriscape, artificial turf (106.5(1)(i)) | Ban them | Design rules; turf in back yards only for attached homes |
| Water-wise yards, detached homes only (106.5(1)(i.5)) | Ban back-yard turf or vegetable gardens | Must preapprove at least three front-yard designs |
| Rain barrels (106.5(1)(j)) | Ban them | Placement rules |
| Licensed family child care; home business (106.5(1)(k), (l)) | Ban them | Parking and noise rules |
| Solar (106.5(1.5)); heat pumps, shade structures, attic fans, evaporative coolers, retractable clotheslines (106.7) | "Effectively prohibit" them | Reasonable rules (solar); looks and bona fide safety rules (106.7) |
| Fire-hardened materials (106.5(3)) | Ban them, or require cedar shakes (106.5(2)) | Limited fence standards |
| Level 1 or 2 EV charger (106.8) | Ban it | Safety and looks rules; registration within 30 days; licensed electrician |
For a detached home's water-wise yard, the owner may sue after written notice and 45 days to cure, for the greater of $500 or actual damages (106.5(1)(i.5)).
Check this one: portable solar. From 12 August 2026, HB26-1007 says an association may not "unreasonably prohibit" portable-scale solar devices, including on limited common elements. We haven't confirmed its section number, and our reading is that rules on securing them may still be allowed.
Rentals are not on the list. The DRE says that without authority in the declaration, "an association does not have the power to adopt rules that restrict the use or occupancy of individually owned units", and, describing Houston v. Wilson Mesa Ranch HOA (Colo. App. 2015), that a short-term rental ban takes a declaration amendment. Changing permitted uses needs 67% of the votes (217(4.5)).
Letters for this: the item is protected, and an architectural denial.
Buying or selling: the status letter
The purchase contract calls it a Status Letter; the statute calls it "a written statement setting forth the amount of unpaid assessments" (316(8)). It works the same for condos, HOAs and co-ops, old or new (117(1)(k)).
- How to ask. The owner, a mortgage holder, or either one's designee, in writing, delivered personally or by certified mail, return receipt, to the association's registered agent (316(8)).
- 14 calendar days. Due "within fourteen calendar days after receipt of the request". It "is binding on the association, the executive board, and every unit owner" (316(8)).
- If none comes, "the association shall have no right to assert a lien upon the unit for unpaid assessments which were due as of the date of the request" (316(8)).
- The fee. We found no cap on status letter fees in Colorado law. The association must keep a list of its fees, including "the charge for a status letter or statement of assessments due" (317(1)(h.5)).
Check this one: is it free? An association can't charge for giving "the unit owner a statement of the total amount that the unit owner owes" (209.5(8)(b)). That may not reach a status letter ordered for a sale, so don't assume that one is free.
The contract (CBS1)
Since 1 January 2007, every residential contract in a common interest community must carry a disclosure "in bold-faced type that is clearly legible". If it's missing, the buyer has a claim against the seller for actual damages, unless the buyer knew (C.R.S. 38-35.7-102(1), (2)(a)). The Real Estate Commission's Contract to Buy and Sell Real Estate (Residential), CBS1, has been mandatory since 1 January 2026.
- Association Documents. Governing documents, minutes, the insurance list, financial documents, fee lists and recent construction defect notices (CBS1 7.3), from the seller at the seller's expense by the Association Documents Deadline (CBS1 7.2).
- The buyer's way out. The buyer may terminate by the Association Documents Termination Deadline, in the buyer's sole subjective discretion, or within ten days after receiving late documents. Silence is acceptance (CBS1 7.4).
- Your dates. Both deadlines are dates the parties fill in; a blank or "N/A" deadline is deleted (CBS1 3.1, 3.2).
- The seller pays for the Status Letter. The seller requests it at least fourteen days before closing, and "Any fee incident to the issuance of Association's Status Letter must be paid by Seller" (CBS1 15.3, 15.3.1).
Check this one: no statutory right to cancel. We found no Colorado statute letting a resale buyer cancel after getting the documents. Buyers rely on the CBS1 deadline, which is whatever the contract says. Ask your buyer's broker or the title or closing company.
- The yearly disclosure. Within 90 days after the fiscal year ends, free to owners: the budget, financial statements "including any amounts held in reserve", the insurance policy list, minutes and policies (209.4(2), (3)), and from 12 August 2026 any 209.2 reserve study (209.4(2)(j)).
- Registration. Check it on the DRE Licensee Lookup ("Business Name/DBA"). An unregistered association can't enforce its lien until it registers (401(3)).
- Ahead of the mortgage. The association's lien ranks ahead of a first mortgage for up to six months of regular assessments (316(2)(b)(I)).
Letters for this: requesting a status letter, a seller's authorization, a late status letter, a buyer's document request, a balance statement, the yearly disclosure, and a closing charge.
For board members: strictly comply
To recover money through foreclosure of its lien, an association "shall strictly comply" with the lien and foreclosure rules of title 38 and its own documents, as "a condition precedent". If it doesn't, "the court may stay the proceedings", and no late fees or interest run during the stay (123(3)). This came from HB25-1043, for enforcement actions started on or after 1 October 2025. It is tied to liens and foreclosure, not every board decision.
The DRE's examples of possible non-compliance: a collections referral without a recorded vote at a formal meeting; demanding more than $25 a month on the 18-month plan; refusing notices to a designated contact or in the preferred language. "Substantial compliance" used to be accepted (DRE forum, 24 October 2025).
- Nine written policies. Collections; conflicts of interest; meetings; enforcement and fines; records; investing reserves; adopting policies; owner disputes; and reserve studies (209.5(1)(b)).
- The collection policy. Without one, no collection agency and no suit for assessments (209.5(5)(a)). The delinquency notice must offer a ledger within seven business days of a request, warn that not curing within 30 days may lead to "the sale of the unit owner's unit at auction", and point to the HOA Center and HUD credit counseling (209.5(5)(a)(V)(C) to (E)).
- Contact details and registration. Ask owners periodically for phone, cell and email (209.5(1)(a.5)). Register with the DRE every year and report changes within 90 days. Associations with revenue of $5,000 or less are exempt from the fee "but not the registration requirement" (401). An unregistered association's right to enforce a lien "is suspended until the association is validly registered" (401(3)).
Meetings and elections
- Owner meetings at least yearly, with 10 to 50 days' notice and the agenda (308(1)).
- Board and committee meetings "shall be open to attendance by all members" (308(2)(a)), and owners may speak before the board votes (308(2.5)). No rule may be adopted in executive session (308(6)).
- Contested seats need a secret ballot, counted by a neutral third party or volunteers who aren't board members or candidates (310(1)(b)).
- Amendments need more than 50% of votes, or more if the declaration says, never more than 67% (217(1)(a)).
Check this one: video meetings. We found no CCIOA rule on video meetings or electronic owner voting. The nonprofit corporation law may apply. Ask the association's attorney.
Budgets, directors and reserves
- Budget. A summary goes to owners within 90 days after adoption. It stands unless "a majority of all unit owners" veto it, "whether or not a quorum is present" (303(4)(a)).
- Audit if revenue or expenses are $250,000 or more and owners of one-third of units ask (303(4)(b)).
- Removing a director takes 67% of those present and entitled to vote at a quorum meeting (303(8)). Owner-elected directors are liable only for "wanton and willful acts or omissions" (303(2)(b)).
- Reserves. Existing associations need a reserve study policy (209.5(1)(b)(IX)) and must show reserves in their financial statements (209.4(2)(d)). Colorado law doesn't make them commission a study or fund reserves to a set level.
- New builds. From 12 August 2026 (HB26-1099), before handing over control of a planned community or condo, the developer must pay for an independent reserve study projecting costs over 30 years (209.2). A 1.5% developer payment in the bill as introduced was not enacted.
- Education. Yearly owner education at no cost is required (209.7(1)). Board training is optional (209.6).
Check this one: our readings. Section 303(8) isn't on the 117 list, so our reading is that it doesn't reach communities created before 1 July 1992. HB26-1099 has no applicability clause; our reading is that it reaches communities whose developer hadn't handed over control by 12 August 2026.
Letters for this: a delinquency notice, a payment plan offer, contact details, the manager handover, records and ledger requests, an audit, and the right to speak.
Records
- No reason needed. The association may require a written request ten days ahead, but "may not condition the production of records upon the statement of a proper purpose" (317(2)(a)). Copies cost no more than the estimated cost (317(4)).
- The penalty. If records aren't produced within 30 calendar days after a certified-mail request, the association owes $50 a day from the eleventh business day after it got the request, up to $500 or your actual damages, whichever is greater (317(4.5)).
- Manager handover. From 12 August 2026, a management company whose contract ends must hand over all association property, including records, money and "account passwords, keys", within 45 days at no charge. Unless agreed otherwise in writing, one that fails owes $250 for each business day plus damages (317(9)).
Check this one. Our reading is that the $50 a day counts back to the eleventh business day once 30 days pass, and that a board that drops its manager to self-manage is still owed the handover.
Letters for this: a records request by certified mail, an inspection request, and the manager handover.
Behind on dues
- Notice first. Before collection, the association must send notice by certified mail and contact you or your designated contact two of three ways: phone call, text, email. If you haven't given a phone number or email, regular mail can stand in (209.5(1.7)(a)). You may name a designated contact and ask for another language (209.5(1.7)(a)(I)).
- A recorded vote. Collections only "if a majority of the executive board votes to refer the matter in a recorded vote" (209.5(1.7)(a)).
- Statements and interest. A monthly itemized statement (209.5(1.7)(c)); no fee for a statement of your balance (209.5(8)(b)); interest no more than 8% a year (209.5(8)(a)).
- Three missed installments before legal action (316(1)(b)). Foreclosure needs much more.
- Fee caps. Collection attorney fees before a lawsuit are capped at $5,000 or 50% of what's owed, whichever is less (123(1)(a)). No attorney fees for work done before the notice steps were met (316(7)(b)).
The 18-month payment plan
- The offer. Before judicial foreclosure, the association must offer in writing a plan "in monthly installments over eighteen months", where "the unit owner may choose the amount to be paid each month", at least $25 (209.5(7)(a)(II)).
- Failing it. Foreclosure can follow only if you don't accept within 30 days, or later miss three installments by more than 15 days (209.5(7)(a)(III)). Falling behind on regular assessments also counts (316.3(2)).
- Protection. No foreclosure while you keep to the plan (316.3(3.5)). Payments go to assessments first (316.3(4)).
Check this one: equal or your choice? Section 316.3(2) speaks of "equal installments over a period of at least eighteen months"; 209.5(7)(a)(II) lets you choose the amount. The 123 fee caps rise with inflation every 1 August from 2025; we haven't found the current figures. HB24-1337's protections apply to debts accrued from 7 August 2024.
An owner may sue within five years of a violation of the foreclosure rules for up to $25,000 plus costs and fees (316.3(5)).
Letters for this: a ledger and itemized statement, a designated contact and language, accepting the payment plan, the referral vote, and attorney fees.
Foreclosure and the nine-month stay
The gates before a case
- Six months of assessments owed (316(11)(a)(I)).
- A vote on your unit. The board must have "formally resolved, by a recorded vote, to authorize the filing of a legal action against the specific unit on an individual basis". Without it, the case "must be dismissed" (316(11)(a)(II)).
- The plan offer, registration and strict compliance (209.5(7); 401(3); 123(3)).
- A personal judgment first, if you're an individual living in the home as your principal residence, or in workforce housing, with limited exceptions (316(10.5), (10.6)).
- Notices, 30 days ahead: the right to mediation, which you must answer within 30 days (316(10.7)); credit counseling (316(10.3)); and intent to foreclose, by certified mail and two other means, warning an auction could cost "some or all" of your equity (316(10.8)).
- In court. The lien is foreclosed "in like manner as a mortgage on real estate" (316(11)(a)).
Check this one: subsection letters. HB25-1043 changed parts of 316, and the DRE calls one notice the "Notice of Election and Demand" (316(10.7)(c)). Check the current letters.
Within five business days after filing, the association must notify "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 (316(11.2)). That notice goes to lienholders, so don't wait for it.
Nine months to sell (C.R.S. 38-38-109.5)
- File before the auction. Any time after the case is filed "but prior to the sale date at auction", you may ask the court to stay the sale and list the home (38-38-109.5(1)).
- The value comes from an appraisal, a licensed agent's market analysis, an online marketplace estimate or the assessed value (38-38-109.5(2)(a)). If the association objects, the court sets the initial list price (38-38-109.5(2)(c)).
- Nine months. The order "is in effect for nine months after the date of the order", and can be extended for an imminent sale or good cause (38-38-109.5(3)). Proceeds go into court escrow (38-38-109.5(5)). For cases started from 1 October 2025.
It's time to sell, not a pause on paying. The stay lets you sell at market price and keep your equity instead of losing it at auction. Ask a Colorado-licensed attorney or a HUD-approved housing counselor as soon as a case is filed.
Cure, sale and buying back
- Cure. Under C.R.S. 38-38-104, file a notice of intent to cure no later than 15 calendar days before the sale, and pay by 12 noon the day before it.
- Who can't buy. Directors, the management company and its staff, the association's law firm staff, and their families (316(12)).
- Buying back. For debts accrued from 7 August 2024, the owner is first in line among "alternate lienors" (38-38-305.5(1)(a)), with 30 days to file a notice of intent to redeem (38-38-302(1)(d)). Then, between 35 and 180 days after the sale, the top filer may redeem by paying the sale price plus interest and allowed sums (38-38-302(4)(a)(II)(B)).
- Six years. A lien ends unless enforcement starts within six years (316(5)).
Check this one: the 30-day notice is the gate. If no one files a notice of intent, the redemption period is 30 days (38-38-501(3)). And 38-38-104 is the general cure rule, tied to association cases by 316(11.2). Confirm every date with a Colorado-licensed attorney.
Letters for this: a response to the mediation notice, the vote on your unit and the other gates, attorney fees, and a status letter for a sale.
HOA or condo at a glance
| Rule | Condo | HOA (planned community) |
| Main law, if created on or after 1 July 1992 | CCIOA (115) | CCIOA (115) |
| Created before 1 July 1992 | Own documents, the 117 list and C.R.S. 38-33 | Own documents and the 117 list |
| Small community exemption (116) | Never | If 20 units or fewer and no development rights, or the $400 cap |
| No daily fines, $500 total (209.5(1.7)(b)) | Yes | Yes |
| Status letter in 14 calendar days (316(8)) | Yes | Yes |
| Foreclosure gates, plan, nine-month stay | Yes | Yes |
| Records penalty (317(4.5)) | Yes | Yes |
| Water-wise yards (106.5(1)(i.5)) | No | Detached homes only |
| Developer reserve study (209.2) | Before turnover | Before turnover |
Check this one: older communities. The status letter (117(1)(k)), foreclosure (316, 316.3), fine (117(1.5)(c)) and records (117(1.5)(m)) rules reach communities created before 1 July 1992, other than tiny ones under 119. For the fine rules added in 2022, and for water-wise yards (detached homes only), that is our reading.
Who to ask
- Your board or manager, in writing. Status letter requests go to the registered agent (316(8)).
- The HOA Information and Resource Center, Division of Real Estate, 1560 Broadway, Suite 225, Denver, CO 80202; 303-894-2166 or 800-886-7675; [email protected]. It explains rights and logs complaints. It does not regulate, investigate, mediate, advise or fine (C.R.S. 12-10-801).
- The DRE Licensee Lookup (registration).
- The county clerk and recorder: declarations, amendments, liens and lis pendens.
- The Colorado Judicial Branch Office of Dispute Resolution or the Mediation Association of Colorado, for mediation.
- A HUD-approved housing counselor. Colorado Housing Connects (Brothers Redevelopment) is a statewide helpline; look up its current number.
- A Colorado-licensed attorney for your own situation; the buyer's broker or title company for sales.
What changes next
This page is current to the laws that took effect on 12 August 2026: HB26-1099 (developer reserve studies, manager handover) and HB26-1007 (portable solar). HB26-1287 continued the Division of Real Estate to 1 September 2037; it didn't bring back manager licensing.
- New data. Registration data on delinquencies, payment plans and foreclosure filings must be reported in aggregate in the HOA Center's annual report (C.R.S. 12-10-801(3)(c)(II); 401(3.2)).
- 1 September 2030. The HOA Center is repealed unless continued (SB25-184).
- Every 1 August, the 123 fee caps rise with Denver-area inflation (123(1)(g)).
Check this one: 2027. The next regular session is expected to start on Wednesday 13 January 2027; check the legislature's calendar. We found no 2027 HOA bill and no court decision yet on 123(3), 316(10.5) or 38-38-109.5. Colorado changed this law in 2022, 2024 and 2025, so this area keeps moving.
General information only, not legal advice. Current to October 2026. The official text of the Colorado statutes is linked below. Check it, and ask your association's attorney or a Colorado-licensed attorney about your own situation.