Colorado homeowners are covered by a comprehensive modern statute: the Colorado Common Interest Ownership Act (CCIOA), C.R.S. Article 38-33.3, which governs both HOAs and condominiums created on or after July 1, 1992 (with some provisions reaching older communities). In 2022, Colorado overhauled how associations collect and enforce, through House Bill 22-1137 — capping fines, requiring payment plans, and limiting foreclosure. The state also runs an HOA Information and Resource Center within the Division of Real Estate. Most associations are nonprofit corporations, and federal law applies alongside. For your specific situation, a licensed Colorado attorney is the right resource. This is general information, not legal advice.
The 2022 reform: House Bill 22-1137
HB 22-1137 rewrote the rules on fines, fees, and foreclosure, and the changes are in force now:
- Fines are capped. An association generally may not impose more than $500 in total fines for a violation that does not threaten public health or safety, and fines may not be imposed on a daily basis.
- A written, fair fining policy is required. An association "may not fine any unit owner for an alleged violation unless" it "has adopted and follows a written policy governing the imposition of fines" that includes "a fair and impartial fact-finding process."
- Interest is capped at 8% per year on unpaid assessments, fees, or fines.
- Payments go to assessments first. A unit owner's payment must be applied first to unpaid assessments, then to fines, fees, or charges.
- Payment plans before foreclosure. Before foreclosing, the association must offer a repayment plan that lets the owner repay over 18 months, in monthly installments the owner chooses (each at least $25), and it cannot foreclose while the owner is complying with that plan.
See Challenging an HOA Fine in Colorado.
Open meetings — with a right to speak
Under C.R.S. § 38-33.3-308, "[a]ll meetings of the association and board of directors are open to every unit owner." Owners get a voice: "at an appropriate time determined by the board, but before the board votes on an issue under discussion, unit owners or their designated representatives shall be permitted to speak regarding that issue." Notice of a unit-owners' meeting must be sent "not less than ten nor more than fifty days in advance." See Attending HOA Meetings in Colorado.
Records — with no "proper purpose" hurdle
Under C.R.S. § 38-33.3-317, "all records maintained by the association must be available for examination and copying by a unit owner or the owner's authorized agent." The association may require a written request describing "with reasonable particularity the records sought, at least ten days prior to inspection," but — notably — it "may not condition the production of records upon the statement of a proper purpose." Narrow categories (attorney-client communications, executive-session records, contracts under negotiation, other owners' individual records) may be withheld. See Getting Your Colorado HOA's Records.
The assessment lien — a six-month super-priority, now limited
Under C.R.S. § 38-33.3-316, the association has a lien for unpaid assessments, and a portion of it holds a six-month super-priority ahead of a first mortgage — the common-expense assessments that would have become due in the six months before a foreclosure action. HB 22-1137 then narrowed foreclosure sharply: under § 38-33.3-209.5(8)(c), an association may not foreclose a lien if the debt consists only of fines, or of collection costs or attorney fees associated only with fines, and it may not foreclose while the owner is complying with a required payment plan. See Can a Colorado HOA Foreclose Over Dues?.
When a rule may not hold up
A CCIOA rule has to fit within the authority the declaration and statute grant, be applied evenhandedly, and — for any fine — follow the written, fair fining policy HB 22-1137 requires. See Which Colorado Laws Govern Your HOA? and When Is a Colorado HOA Rule Unenforceable?.
Frequently asked questions
How much can a Colorado HOA fine me?
Since HB 22-1137 (2022), an association generally may not impose more than $500 in total fines for a violation that does not threaten public health or safety, and it must have a written fining policy with "a fair and impartial fact-finding process." Whether a particular fine complied is a question for a licensed Colorado attorney.
Can a Colorado HOA foreclose on my home for fines?
No. Under HB 22-1137, an association may not foreclose its lien if the debt consists only of fines, or of collection costs or attorney fees tied only to fines, and it cannot foreclose while you are complying with a required payment plan. Foreclosure is reserved for unpaid assessments meeting the statutory threshold. A licensed Colorado attorney can explain how it applies to a specific account.
Does a Colorado HOA have to let me see its records?
Yes. Under C.R.S. § 38-33.3-317, association records must be available for examination and copying by a unit owner or authorized agent, and the association may not require you to state a "proper purpose." A licensed Colorado attorney can advise if a request is refused.