Multas de HOA en Colorado: qué dice la ley

Lo que dice la ley

Ley aplicable

ONE statute covers both types of community: the Colorado Common Interest Ownership Act (CCIOA), C.R.S. Title 38, Article 33.3 (§§ 38-33.3-101 et seq.). C.R.S.

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38-33.3-103 defines 'common interest community' as real estate described in a declaration with respect to which a person, by virtue of ownership of a unit, is obligated to pay for taxes, insurance, maintenance or improvement of other real estate described in the declaration; a 'condominium' and a 'cooperative' are species of common interest community, and a 'planned community' is defined as 'a common interest community that is not a condominium or cooperative.' So detached-home HOAs and condominium associations are both governed by CCIOA - Colorado has no separate condominium fine statute. The operative fine section is C.R.S. 38-33.3-209.5, now titled 'Responsible governance policies - due process for imposition of fines - procedure for collection of delinquent accounts - enforcement through small claims court - definitions.' APPLICABILITY TO OLDER COMMUNITIES: CCIOA applies in full to communities created on or after July 1, 1992. For communities created BEFORE July 1, 1992, C.R.S. 38-33.3-117 lists the sections that reach them: § 38-33.3-117(1.5) applies §§ 38-33.3-209.4 to 38-33.3-209.7 (which includes the fine section 209.5), § 38-33.3-317 (records), § 38-33.3-124 (dispute policy/ADR) and § 38-33.3-401 (registration) to preexisting communities with respect to events and circumstances occurring on or after January 1, 2006; § 38-33.3-117(1)(g) applies § 38-33.3-123 (enforcement / attorney fees) to preexisting communities.

Aviso que deben darte

Colorado is the most prescriptive of the three states, mainly through C.R.S. 38-33.3-209.5(1.7)(b), added by HB22-1137 (effective August 10, 2022).

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(a) NO DAILY FINES: an association 'shall not impose the following on a daily basis against a unit owner: (A) late fees; or (B) fines assessed for violations of the declaration, bylaws, covenants, or other governing documents,' and 'an association may only impose fines for violations in accordance with this subsection (1.7)(b)' - § 38-33.3-209.5(1.7)(b)(I). (b) VIOLATION THREATENING PUBLIC SAFETY OR HEALTH - § 38-33.3-209.5(1.7)(b)(II): for a violation the association reasonably determines threatens the public safety or health, the association 'shall provide the unit owner written notice, in English and in any language that the unit owner has indicated a preference for,' of the violation, 'informing the unit owner that the unit owner has seventy-two hours to cure the violation or the association may fine the unit owner.' If, AFTER AN INSPECTION of the unit, the association determines the owner has not cured within 72 hours after receiving the notice, the association 'may impose fines on the unit owner every other day and may take legal action,' except that the association 'shall not pursue foreclosure against the unit owner based on fines owed.' (c) EVERY OTHER VIOLATION - § 38-33.3-209.5(1.7)(b)(III)(A): for a violation other than one threatening public safety or health, the association 'shall, THROUGH CERTIFIED MAIL, RETURN RECEIPT REQUESTED, provide the unit owner written notice, in English and in any language that the unit owner has indicated a preference for,' of the violation, 'informing the unit owner that the unit owner has thirty days to cure the violation or the association, after conducting an inspection and determining that the unit owner has not cured the violation, may fine the unit owner.' (d) TWO CURE PERIODS - § 38-33.3-209.5(1.7)(b)(III)(B): 'An association shall grant a unit owner two consecutive thirty-day periods to cure a violation before the association may take legal action against the unit owner for the violation,' and again no foreclosure based on fines owed. (e) SELF-CERTIFIED CURE - § 38-33.3-209.5(1.7)(b)(IV): if the owner cures within the cure period the owner may notify the association, and 'if the unit owner sends with the notice visual evidence that the violation has been cured, the violation is deemed cured on the date that the unit owner sends the notice'; without visual evidence the association must inspect the unit as soon as practicable. (f) INSPECTION DEADLINE - § 38-33.3-209.5(1.7)(b)(V): if the association receives no cure notice, it 'shall inspect the unit within seven days after the expiration of the thirty-day cure period'; if still not cured, a second 30-day cure period commences if only one has elapsed, or the association may take legal action if two have elapsed. (g) CLOSE-OUT NOTICE - § 38-33.3-209.5(1.7)(b)(VI): once the owner cures, the association shall notify the owner (in English and in any preferred language) that the owner will not be further fined with regard to the violation and of any outstanding fine balance still owed. (h) MONTHLY ITEMIZED STATEMENT - § 38-33.3-209.5(1.7)(c): monthly, by first-class mail and, if the association has the address, by e-mail, the association shall send every owner with an outstanding balance an itemized list of all assessments, fines, fees and charges owed, in English or in the owner's preferred language, and to any designated contact. (i) LANGUAGE AND DESIGNATED CONTACT - § 38-33.3-209.5(1.7)(a)(I): a unit owner may notify the association that the owner prefers correspondence and notices in a language other than English (if no preference is indicated the association sends English), and may identify another person as a 'designated contact' who must receive the same correspondence and notices whenever communications go out. (j) POLICY CONTENT - § 38-33.3-209.5(2)(c): the association's fine policy must require notice regarding the nature of the alleged violation, the action or actions required to cure it, and the timeline for the fair and impartial fact-finding process, and must specify the interval upon which fines may be levied for violations that are continuing in nature.

Tu derecho a una audiencia

Yes - statutory, and framed as an absolute precondition to any fine. C.R.S. 38-33.3-209.5(2): 'Notwithstanding any provision of the declaration, bylaws, articles, or rules and regulations to the contrary, the association may not fine any unit owner for an alleged violation unless: (a) The association has adopted, and…

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follows, a written policy governing the imposition of fines; (b) [the association has provided] a fair and impartial fact-finding process concerning whether the alleged violation actually occurred and whether the unit owner is the one who should be held responsible for the violation. This process may be informal but shall, at a minimum, guarantee the unit owner notice and an opportunity to be heard before an impartial decision maker; and (c) the policy [requires notice of the nature of the alleged violation, the actions required to cure, and the timeline for the fact-finding process, and specifies the interval upon which fines may be levied for continuing violations].' In addition, C.R.S. 38-33.3-209.5(1)(b) requires every association to adopt responsible governance policies covering, among other topics, 'enforcement of covenants and rules, including notice and hearing procedures and the schedule of fines,' collection of unpaid assessments, handling of board conflicts of interest, conduct of meetings, inspection and copying of association records, investment of reserve funds, adoption and amendment of policies, procedures for addressing disputes between the association and unit owners, and reserve studies and funding plans. The statute does not prescribe who the 'impartial decision maker' must be beyond impartiality.

Límite de la multa

Yes - a hard $500 statutory cap for ordinary violations. C.R.S. 38-33.3-209.5(1.7)(b)(III)(A): for a violation other than one the association reasonably determines threatens the public safety or health, after the 30-day cure notice and an inspection the association may fine the owner, 'HOWEVER, THE TOTAL AMOUNT OF FINES IMPOSED FOR THE VIOLATION MAY NOT EXCEED FIVE HUNDRED DOLLARS.' The cap is on the TOTAL for the violation, not per occurrence.

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For a violation the association reasonably determines threatens public safety or health, the statute states no dollar ceiling, but the fine may only begin after a 72-hour cure notice and may then be imposed only 'every other day' (§ 38-33.3-209.5(1.7)(b)(II)). Neither fines nor late fees may ever be imposed on a daily basis (§ 38-33.3-209.5(1.7)(b)(I)). And in both tracks the association 'shall not pursue foreclosure against the unit owner based on fines owed' (§ 38-33.3-209.5(1.7)(b)(II)(B) and (III)(B), each referencing § 38-33.3-209.5(8)(c)(I)).

Derecho a revisar registros

C.R.S. 38-33.3-317: the association must allow inspection or copying of association records 'within thirty calendar days after receipt of a written request,' and failure exposes the association to a penalty of $50 per day up to a $500 maximum, or actual damages, whichever is greater.

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Any charge 'may not exceed the estimated cost of production and reproduction of the records, including the costs of copying, mailing, and any necessary special processing,' and may be collected in advance. The association MAY withhold architectural drawings and plans (unless the owner consents), documents under active negotiation for goods or services, attorney-client privileged communications, executive session records, information whose disclosure would violate the law, records of other units, and timeshare owner names and mailing addresses; and MUST withhold personnel and medical records of individuals and 'personal identification and account information of members,' including social security numbers and driver's license numbers. Separately, C.R.S. 38-33.3-209.5(1)(b) requires the association to have adopted a written policy on inspection and copying of association records.

Proceso de disputa obligatorio

No mandatory pre-suit mediation or arbitration in Colorado. C.R.S. 38-33.3-124: alternative dispute resolution is ENCOURAGED, not required - associations 'are encouraged to adopt protocols that make use of mediation or arbitration as alternatives to ...

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filing a complaint,' and disputes 'may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding,' i.e. both sides must consent. What the section does mandate is that 'each association shall adopt a written policy setting forth its procedure for addressing disputes arising between the association and unit owners.' What IS a hard precondition is on the association's side, not the owner's: the association may not fine at all without the written fine policy and the fair and impartial fact-finding process of C.R.S. 38-33.3-209.5(2), and may not fine or take legal action without the (1.7)(b) cure notices, cure periods and inspections. Colorado also opened a cheap forum: HB22-1137 amended C.R.S. 13-6-403 so the small claims court now has concurrent original jurisdiction over actions 'to enforce rights and responsibilities arising under the declaration, bylaws, covenants, or other governing documents of a unit owners' association, as defined in section 38-33.3-103(3), in relation to disputes arising from assessments, fines, or fees owed to the unit owners' association and for which the amount at issue does not exceed seven thousand five hundred dollars, exclusive of interest and costs,' and the small claims court's usual bar on injunctive relief no longer blocks actions to 'enforce rights or responsibilities arising under the declaration, bylaws, covenants, or other governing documents of a unit owners' association ... and including actions seeking declaratory relief.'

Honorarios de abogado

Yes, and the mandate favors owners more than in most states. C.R.S. 38-33.3-123 ('Enforcement - limitation'): in a civil action to enforce or defend the provisions of CCIOA or the governing documents, 'the court shall award reasonable attorney fees, actual costs, and actual costs of collection to the prevailing party' - mandatory, not discretionary.

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Limits that protect owners: in an association's collection action against a unit owner, the court 'shall not award attorney fees to the association in an amount in excess of five thousand dollars or fifty percent of the actual costs'; and where the unit owner prevails on the defense, 'the court shall award the unit owner reasonable attorney fees and costs incurred in asserting or defending the claim' and 'shall not award costs or attorney fees to the association.' The court retains discretion to 'award attorney fees in excess of the limitations' if it finds the unit owner 'was financially, physically, and reasonably able to comply ... but willfully failed to comply.' HB25-1043 (signed June 4, 2025; effective October 1, 2025) added § 38-33.3-123(1)(f)(III.5) and § 38-33.3-123(3): as a condition precedent to recovering money owed, collection costs, or reasonable attorney fees or costs through foreclosure of an association lien, the association 'shall strictly comply' with the applicable lien and foreclosure provisions of Title 38 and of its own declaration, bylaws, articles and rules; if a court finds the community is not in strict compliance the court may stay the proceedings to let the association come into compliance, and 'during the stay in proceedings, the association shall not assess or accrue late fees, interest, or other delinquency charges against the unit owner'; and in setting reasonable attorney fees the court shall consider 'whether the association incurred inflated or duplicative attorney fees due to a stay in court proceedings.'

The $5,000 / fifty percent figures are the 2024 BASE amounts and the statute reads "whichever is LESS." C.R.S. § 38-33.3-123(1)(g), added by HB24-1337 eff.

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2024-08-07, provides that the limits in (1)(a)(II), (1)(b)(II) and (1)(c)(II) are "adjusted for inflation on August 1, 2025, and each year thereafter" by the Denver-Aurora-Lakewood CPI-U. Two adjustments have run (2025-08-01, 2026-08-01), so the current cap is higher than $5,000. The adjusted figure is not published here because no official Colorado publication of it was located.

Plazo para demandar

6 años

Quién atiende quejas

Yes, but informational only - it cannot decide your case. The HOA Information and Resource Center sits in the Division of Real Estate, Department of Regulatory Agencies, headed by an HOA Information Officer (C.R.S. 12-10-801).

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It is a clearing house for information concerning the basic rights and duties of unit owners: it compiles the database of registered associations (associations register annually under C.R.S. 38-33.3-401), prepares educational materials on open meetings, executive sessions, removal of board members, owner participation rights and assessment collection, monitors federal and state law changes affecting common interest communities, publishes online FAQs, and 'shall track inquiries and complaints and report annually to the director regarding the number and types of inquiries and complaints received.' The statute confers NO adjudicatory or enforcement authority over an individual fine dispute - those go to court, including the small claims court under C.R.S. 13-6-403. HB25-1043 added C.R.S. 12-10-801(3)(c)(II), requiring the HOA information officer to report in the annual HOA report aggregated information provided by associations under C.R.S. 38-33.3-401(3.2) as part of annual registration. The center's statutory repeal date was September 1, 2025; SB25-184 (signed May 24, 2025) continued the center until September 1, 2030.

Léelo tú mismo

Fuentes oficiales. Si algún dato de abajo importa en tu caso, abre la ley y léela — las leyes se reforman y muchas ciudades agregan reglas locales más estrictas.

• C.R.S. 38-33.3-209.5(1.7)(a)-(c), (2)(a)-(c), (5)(a), (6), (7); C.R.S. 13-6-403(1)(b)(I), (2)(h)(I); 2022 Colo. Sess. Laws (HB22-1137), secs. 1-7 — HB22-1137 (2022), 'Homeowners' Association Board Accountability And Transparency' - official signed act. Source for the no-daily-fines rule, the 72-hour and 30-day cure notices, the two consecutive 30-day cure periods, the $500 total fine cap, the deemed-cured-on-visual-evidence rule, the 7-day inspection deadline, the post-cure notice, the monthly itemized statement, the language/designated-contact rules, the delinquency notice rules, and the small claims court amendment
• Colo. HB22-1137 (2022 Reg. Sess.) — HB22-1137 official bill page - title, summary, Governor signed June 3, 2022, effective date August 10, 2022
• 2025 Colo. Sess. Laws (HB25-1043), secs. 1-3 — HB25-1043 (2025), 'Owner Equity Protection in Homeowners' Association Foreclosure Sales' - official enrolled act. Amends C.R.S. 12-10-801(3)(c); adds C.R.S. 38-33.3-123(1)(f)(III.5) and (3); amends C.R.S. 38-33.3-209.5(5)(a) intro, (5)(a)(V)(C), (5)(a)(V)(D) and adds (1)(a.5), (1.7)(a)(I)(D), (5)(a)(V)(E). Confirms the fine provisions in (1.7)(b) and (2) were NOT changed in 2025
• Colo. HB25-1043 (2025 Reg. Sess.) — HB25-1043 official bill page - signed by Governor June 4, 2025, effective October 1, 2025; summary confirms scope is collections/foreclosure, not fines
• C.R.S. 38-33.3-209.5(1)(b), (2)(a)-(c) — C.R.S. 38-33.3-209.5 (responsible governance policies; due process for imposition of fines) - FindLaw verbatim code mirror, current as of January 1, 2025. Source for the consolidated (1)(b) policy list and the (2)(b) 'fair and impartial fact-finding process ... notice and an opportunity to be heard before an impartial decision maker' language
• C.R.S. 38-33.3-123(1) — C.R.S. 38-33.3-123 (Enforcement - limitation; mandatory attorney fees to prevailing party; caps on association fees; mandatory award to prevailing unit owner) - FindLaw verbatim code mirror, current as of January 1, 2025
• C.R.S. 38-33.3-317 — C.R.S. 38-33.3-317 (association records; 30-calendar-day deadline; $50/day up to $500 penalty; cost-based fees; withholdable records) - FindLaw verbatim code mirror, current as of January 1, 2025
• C.R.S. 38-33.3-124 — C.R.S. 38-33.3-124 (ADR encouraged, not mandatory; association must adopt a written dispute policy; mediation by agreement of the parties) - FindLaw verbatim code mirror, current as of January 1, 2025
• C.R.S. 38-33.3-117(1)(g), (1.5), (1.7) — C.R.S. 38-33.3-117 (applicability to preexisting common interest communities) - FindLaw verbatim code mirror, current as of January 1, 2025. Subsection (1.5) reaches 38-33.3-209.4 to 38-33.3-209.7, 38-33.3-317, 38-33.3-124 and 38-33.3-401 for events on or after January 1, 2006; subsection (1)(g) reaches 38-33.3-123
• C.R.S. 38-33.3-103 — C.R.S. 38-33.3-103 (definitions of 'common interest community', 'condominium', 'cooperative', 'planned community') - FindLaw verbatim code mirror, current as of January 1, 2025
• C.R.S. 12-10-801(3)(c), (6) — C.R.S. 12-10-801 (HOA information and resource center - creation - duties - rules - subject to review - repeal) - FindLaw verbatim code mirror, current as of January 1, 2025 (shows the then-current September 1, 2025 repeal date)
• Colo. SB25-184 (2025 Reg. Sess.) — SB25-184 'Sunset HOA Information & Resource Center' official bill page - continues the center until September 1, 2030; signed by the Governor May 24, 2025
• C.R.S. 13-80-101(1)(a) — C.R.S. 13-80-101(1)(a) - three-year limitation for all contract actions, 'except as otherwise provided in section 13-80-103.5' - FindLaw verbatim code mirror, current as of January 1, 2025
• C.R.S. 13-80-103.5(1)(a) — C.R.S. 13-80-103.5(1)(a) - six-year limitation for 'all actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action' - FindLaw verbatim code mirror, current as of January 1, 2025

Última verificación: 2026-08-17