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Unenforceable HOA Rules in Colorado

Short answer: We did not find a single list of “unenforceable” rules in the statute. But under the Colorado Common Interest Ownership Act (CCIOA), C.R.S. § 38-33.3-101 et seq., as of September 23, 2026, an association’s power is limited in specific ways. Fines need a written policy and a hearing, most violations carry a $500 cap on total fines for the violation, daily fines are barred, and the Act lists subjects an association may not prohibit. Whether a court would set aside a particular rule is a question for an attorney.

Last checked: September 23, 2026. Covers: Colorado condominiums, cooperatives and planned communities under CCIOA. Communities created before July 1, 1992 are covered by only the sections listed in C.R.S. § 38-33.3-117; the sections cited on this page are on that list, some only for events since January 1, 2006. Small planned communities and cooperatives under C.R.S. §§ 38-33.3-116 and 119 are covered only by §§ 38-33.3-105 to 107 unless the declaration adopts the whole Act; that range includes the home-use sections below but not the fine or records sections. See our Colorado HOA guide.

What does the Act say an HOA may not do?

These limits come from the statute text, and each applies as the Act is written today.

Fines

  • Fines with no process. An association may fine 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)).
  • Daily fines and daily late fees. The Act says an association shall not impose violation fines or late fees on a daily basis (C.R.S. § 38-33.3-209.5(1.7)(b)(I)).
  • Fines above $500 for most violations. After a 30-day cure notice, the total fines for the violation may not exceed $500 (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)). Violations the association reasonably determines threaten public safety or health use a 72-hour notice, 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)).
  • Fines for watering less when local water restrictions are in place and the owner is complying (C.R.S. § 38-33.3-302(1)(k)(II)).
  • Charging costs to a cleared owner. If fact-finding finds the owner not responsible, the association may not charge its costs or attorney fees (C.R.S. § 38-33.3-209.5(3)).

Collection and records

  • Foreclosure over fines alone. 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)).
  • Demanding a reason for a records request. The association may not condition production of records on a statement of a proper purpose, even if its documents say otherwise (C.R.S. § 38-33.3-317(2)(a)). Copy fees may not exceed the estimated cost of production (C.R.S. § 38-33.3-317(4)).

Meetings and rulemaking

  • Adopting a rule in a closed session. No rule or regulation may be adopted during an executive session (C.R.S. § 38-33.3-308(6)).
  • Closing regular board meetings. Board and committee meetings are open to owners despite contrary documents (C.R.S. § 38-33.3-308(2)(a), (2.5)(a)).

Which home uses can an HOA not prohibit?

Section 38-33.3-106.5(1) opens with “an association shall not prohibit any of the following,” despite contrary documents. The subjects include flags, signs, religious items on entry doors, xeriscape and vegetable gardens, and home-based businesses. “Not prohibit” does not mean “not regulate”: an association may still prohibit flags and signs bearing commercial messages and may adopt reasonable, content-neutral rules on the number, location or placement, and size of flags, flagpoles and signs (C.R.S. § 38-33.3-106.5(1)(a), (c)), and religious items on an entry door are subject to their own size and safety limits (C.R.S. § 38-33.3-106.5(1)(c.5)). Sections 106.7 (energy-efficiency measures) and 106.8 (electric vehicle charging) address their subjects in their own words, and both allow reasonable aesthetic provisions on dimensions, placement and external appearance, and bona fide safety requirements (C.R.S. §§ 38-33.3-106.7(2), 106.8(3)). There are more subjects, and each has conditions we did not analyze in full, so read the section itself before relying on it.

Three details we confirmed from the statute text:

  • For landscaping and vegetable gardens, an affected owner may sue the association over a knowing violation for up to $500 or actual damages, whichever is greater, after notifying the association in writing and allowing it 45 days after it receives the notice to cure. The provision also requires at least three pre-approved water-wise front-yard designs and applies only to single-family detached homes (C.R.S. § 38-33.3-106.5(1)(i.5); SB 23-178, effective August 7, 2023).
  • Home-based businesses cannot be prohibited but can be regulated by reasonable rules (C.R.S. § 38-33.3-106.5(1)(l); SB 24-134, effective August 7, 2024).
  • On and after January 1, 2027, a portable-scale solar generation device is on the statute’s list of energy-efficiency measures (C.R.S. § 38-33.3-106.7(1)(b)(VII), added by HB 26-1007).

Can the documents override the Act?

Generally not. Except where the Act expressly allows it, its rights cannot be waived or changed by agreement (C.R.S. § 38-33.3-104). For communities created before July 1, 1992, a specific conflict with an express requirement in an older declaration can control in some cases (C.R.S. § 38-33.3-117(2)). If a declaration and bylaws conflict, the declaration prevails, except to the extent it is inconsistent with the Act (C.R.S. § 38-33.3-203(3)). A lawsuit to enforce a building restriction must start within one year after the person knew or should have known of the violation (C.R.S. § 38-33.3-123(2)).

What to do next

  1. Read the rule and the section of your declaration it rests on. See Which HOA Document Controls.
  2. Compare any fine to the cure period, cap and hearing steps above.
  3. Reply in writing and keep copies. See How to Respond to an HOA Violation Letter.
  4. Ask a licensed Colorado attorney about any rule you think conflicts with the Act.

For the general picture, see Unenforceable HOA Rules.

Common questions

What are examples of unenforceable HOA rules? We did not find such a list in the Act. Examples of limits in the Act are daily fines, fines above $500 in total for the violation in most cases (non-safety violations), and rules adopted in closed session.

Can an HOA fine you without proof? The Act requires a written fines policy with notice and an opportunity to be heard before an impartial decision maker (C.R.S. § 38-33.3-209.5(2)).

Are HOA fines enforceable? An association may levy reasonable fines after that process, but it may not foreclose over fines alone (C.R.S. § 38-33.3-209.5(8)(c)).

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.

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