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Colorado HOA Laws: An Owner's Guide

Short answer: Under Colorado law (Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101 et seq., as of September 23, 2026), the full Act applies to communities created on or after July 1, 1992, while older and some very small communities are covered by only some sections. Owners may inspect records and attend board meetings. In communities the full Act covers, owners may remove a director by a 67% vote of those present at a meeting with a quorum (C.R.S. § 38-33.3-303(8)). Fines for most violations are capped at $500 for the violation, and an association may not foreclose over fines alone. The state’s HOA Information and Resource Center collects complaints but cannot investigate or enforce.

Last checked: September 23, 2026. Covers: Colorado condominiums, cooperatives and planned communities (HOAs) under the Colorado Common Interest Ownership Act (CCIOA). Your declaration and bylaws can add rules, and court decisions and local rules can matter too.

Which Colorado communities does the Act cover?

CCIOA applies to common interest communities created in Colorado on or after July 1, 1992 (C.R.S. § 38-33.3-115). That includes condominiums, cooperatives and planned communities (C.R.S. § 38-33.3-103). Two exceptions matter:

  • Small planned communities and cooperatives. One created on or after that date with no more than 20 units and no development rights, or with only nonresidential units, is covered only by C.R.S. §§ 38-33.3-105 to -107, unless its declaration adopts the whole Act. A planned community whose declaration caps average yearly common expenses per residential unit at $400 (adjusted each July 1) is treated the same way (C.R.S. § 38-33.3-116).
  • Communities created before July 1, 1992. Only listed sections apply (C.R.S. § 38-33.3-117). Those include the records section (§ 38-33.3-317), parts of the meeting section (§ 38-33.3-308), the fines and policy sections (§§ 38-33.3-209.4 to -209.7) and the lien and foreclosure sections (§§ 38-33.3-316, -316.3). Some apply only to events since January 2006. The director-removal rule (§ 38-33.3-303(8)) and the owner-meeting quorum rule (§ 38-33.3-309) are not on the list. A pre-1992 cooperative or planned community with no more than 10 units and no development rights, or with the $400 cap, is covered only by §§ 105 to 107 unless its declaration is amended as § 119 describes (C.R.S. § 38-33.3-119). Older condominiums are also under the Condominium Ownership Act (C.R.S. § 38-33-101 et seq.).

A pre-1992 association can opt in to the whole Act (C.R.S. § 38-33.3-118).

What can I see, and how fast?

An owner or the owner’s authorized agent may examine and copy association records. The association may ask for a written request describing them “with reasonable particularity” at least 10 days before inspection, and may not require you to state a purpose (C.R.S. § 38-33.3-317(2)(a)).

A penalty was added in 2021. If the association does not allow inspection within 30 calendar days of a written request sent by certified mail, return receipt requested (and payment of any copy fee), it owes $50 a day. The clock starts on the 11th business day after the association received the request and stops at $500 or the owner’s actual damages, whichever is greater (C.R.S. § 38-33.3-317(4.5)). The text ties the penalty to a 30-calendar-day window but starts it on the 11th business day; a Colorado attorney can explain how the two work together.

Some records may be withheld and others must be (C.R.S. § 38-33.3-317(3), (3.5)). See How to Request Your HOA’s Records.

Can I attend board meetings?

Yes. Regular and special board and committee meetings are open to owners or their representatives, whatever the declaration says (C.R.S. § 38-33.3-308(2)(a), (2.5)(a)). Owners must be allowed to speak on an issue before the board votes, subject to reasonable time limits (C.R.S. § 38-33.3-308(2.5)(b)).

Closed sessions are limited to listed subjects, such as legal counsel, employees and privacy matters, and no rule may be adopted in one (C.R.S. § 38-33.3-308(4), (6)). We did not find a minimum notice period for board meetings in CCIOA; your bylaws or other Colorado law may set one. See Can Homeowners Attend HOA Board Meetings?.

How are board members removed?

Under C.R.S. § 38-33.3-303(8), owners may remove any director, with or without cause, by 67% of all persons present and entitled to vote at an owners’ meeting with a quorum, despite contrary declaration or bylaw language. The percentage counts those present, not all owners. Directors appointed by the declarant, or elected by a class vote, are exceptions.

The meeting notice must state any proposal to remove a director, and owners holding 20% of the votes (or a lower bylaw percentage) may call a special meeting (C.R.S. § 38-33.3-308(1)). Because § 303(8) is not on the Act’s list for pre-1992 communities, ask an attorney which removal rules govern an older community. See How to Remove an HOA Board Member.

What limits apply to fines?

An association may levy reasonable fines only after notice and an opportunity to be heard (C.R.S. § 38-33.3-302(1)(k)). It must follow a written policy with an impartial decision maker (C.R.S. § 38-33.3-209.5(2)).

For violations other than those that threaten public safety or health, written notice by certified mail, return receipt requested, gives 30 days to cure. The total fines for the violation may not exceed $500, and the owner gets two consecutive 30-day cure periods before legal action (C.R.S. § 38-33.3-209.5(1.7)(b)(III)). If the owner sends notice of a cure with visual evidence, the violation is deemed cured on the date sent (C.R.S. § 38-33.3-209.5(1.7)(b)(IV)). Late fees and fines may not be imposed on a daily basis (C.R.S. § 38-33.3-209.5(1.7)(b)(I)). For violations the association reasonably determines threaten public safety or health, the notice gives 72 hours, fines may then be imposed every other day, and that paragraph states no dollar cap; ask an attorney whether one applies (C.R.S. § 38-33.3-209.5(1.7)(b)(II)). These fine rules do not reach small communities covered only by §§ 105 to 107 (C.R.S. §§ 38-33.3-116, -119). See How to Respond to an HOA Violation Letter.

Can a Colorado HOA foreclose on my home?

Not over fines. An association may not foreclose on an assessment lien if the debt is only fines, or collection costs tied only to fines (C.R.S. § 38-33.3-209.5(8)(c)). A statutory lien for fines exists only for an association that is incorporated or an LLC (C.R.S. § 38-33.3-316(1)(a)).

For unpaid assessments, the statute sets several gates (C.R.S. § 38-33.3-316(10.5), (10.6), (11)(a)):

  • The association must first have a personal judgment against the owner, or fit a listed exception such as bankruptcy. This gate applies to a unit an individual owner occupies as a principal residence, and to workforce housing; it does not apply to entity-owned or non-principal-residence units (C.R.S. § 38-33.3-316(10.6)).
  • The balance secured by the lien must equal or exceed six months of common expense assessments, and the board must take a recorded vote to authorize suit against that specific unit. The board may not delegate that vote to a manager or attorney.
  • At least 30 days before filing the foreclosure action, the owner must receive notices about credit counseling, mediation and intent to foreclose (C.R.S. § 38-33.3-316(10.3), (10.7), (10.8)).
  • Before starting a judicial foreclosure over assessments, the association must have made a written offer of a payment plan over 18 months (the owner may choose the monthly amount, at least $25), and it may not foreclose while the owner keeps to a plan; the statute lists exceptions (C.R.S. § 38-33.3-209.5(7)(a); § 38-33.3-316.3(1)(b), (3.5)).

See Can an HOA Foreclose on Your Home?.

What can the state HOA Information and Resource Center do?

It sits within the Division of Real Estate (C.R.S. § 12-10-801). It acts as a clearing house for information, prepares educational materials, and tracks inquiries and complaints for an annual report. We did not find a power in the statute to investigate, adjudicate or enforce, and the Division’s pages say it does not mediate, give legal help or assess fines. Complaints must be in writing. The Center is set to be repealed on September 1, 2030, subject to sunset review. Owners can also go to court; small claims court (up to $7,500 before interest and costs) hears some disputes over assessments, fines and enforcement (C.R.S. § 13-6-403).

What changed recently?

  • Effective August 7, 2024: caps on collection attorney fees, the personal-judgment gate, a pre-suit mediation notice and the bar on foreclosing while an owner keeps to a payment plan (HB 24-1337).
  • Effective October 1, 2025: credit-counseling and 30-day intent-to-foreclose notices, and strict compliance with foreclosure rules (HB 25-1043; C.R.S. § 38-33.3-123(3); § 38-33.3-316(10.3), (10.8)).
  • Effective August 12, 2026: a former management company must return association property and records within 45 days at no charge, or owe $250 per business day (HB 26-1099; C.R.S. § 38-33.3-317(9)).

What to do next

  1. Find your declaration’s recording date to learn whether the full Act applies.
  2. Read your association’s written fines, records and dispute policies (C.R.S. § 38-33.3-209.5(1)(b)).
  3. For records, send a written request by certified mail and keep a copy.
  4. Talk with a licensed Colorado attorney before acting on removal, fines or foreclosure.

Common questions

Can HOA board members be removed? Under CCIOA, owners may remove a director with or without cause by 67% of those present at a quorum meeting (C.R.S. § 38-33.3-303(8)).

Who can I complain to about my HOA? The state HOA Center takes written complaints, but its pages say it has no investigative or enforcement capability. Owners can also go to court, since CCIOA rights are enforceable by judicial proceeding (C.R.S. § 38-33.3-114(2)).

Who can attend HOA board meetings? Owners and their representatives, except during a limited closed session (C.R.S. § 38-33.3-308(2)(a), (3), (4)).

Sources

Checked September 23, 2026.

Important notice

Fycus is not a law firm and does not provide legal advice. Association law varies by state and by each community’s governing documents. Consult a licensed attorney for guidance specific to your association.

This page is general information, was written from official statute text as of September 23, 2026, and has not been reviewed by an attorney. Laws change; check the current text before you rely on it.

About Fycus

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