HOAREBEL

Free tool · Colorado

Is my HOA fine valid in Colorado?

Colorado’s 2022 HB 22-1137 reshaped HOA fines: a required written fining policy with a fair hearing, a $500 cap on most fines, an 8% interest limit, and no foreclosure on fines-only debt.

This is general information, not legal advice, and it does not decide whether your fine is valid. For your specific situation, a licensed Colorado attorney is the right resource.

Check your notice

Answer a few questions about the Colorado fine or violation notice you received, and see how it compares to what the law requires.

Question 1

1.Does your HOA have a written fining policy that guarantees notice and a hearing before an impartial decision-maker — and did it follow that policy?

Question 2

2.Do the total fines for this violation exceed $500, where the violation doesn’t threaten public safety or health?

Question 3

3.Is the HOA charging more than 8% annual interest, or applying your payments to fines before assessments?

Question 4

4.Is the HOA threatening foreclosure over a debt that is only fines (or only fine-related fees)?

Answer all questions to see your result.

What Colorado law requires before an HOA can fine you

Governing framework: Colorado Common Interest Ownership Act (C.R.S. § 38-33.3).

Colorado requires a written fining policy that, at a minimum, guarantees the owner notice and an opportunity to be heard before an impartial decision maker.

shall, at a minimum, guarantee the unit owner notice and an opportunity to be heard before an impartial decision maker” — C.R.S. § 38-33.3-209.5

Statute: C.R.S. § 38-33.3-209.5

For a violation that doesn’t threaten public safety or health, total fines are capped at $500, and assessing fines on a daily basis is restricted.

Statute: C.R.S. § 38-33.3-209.5 (HB 22-1137)

The association may not charge more than 8% per year on unpaid amounts and must apply payments first to assessments, then to fines and fees.

Statute: C.R.S. § 38-33.3-209.5 (HB 22-1137)

An association may not foreclose a lien if the debt consists only of fines, or of collection costs and attorney fees associated only with fines.

Statute: C.R.S. § 38-33.3-316

Go deeper on Colorado HOA law

Sources

Not legal advice.This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.