Colorado

Colorado Condo & HOA News

Effort to limit lawsuits over construction errors — and in turn boost Colorado condominium construction — fails at Capitol May 6, 2024
An effort to encourage condominium construction in Colorado by reducing the chance of lawsuits over building errors failed in a state House committee Friday evening, a sign of how complicated and politically fraught the issue is. Senate Bill 106, the so-called construction defects bill, was unanimously rejected by the House Transportation, Housing and Local Government Committee at the request of one of the legislation’s main sponsors, Rep. Shannon Bird, a Westminster Democrat. Read the article…………………………….
Editorial: HOAs and metro districts can foreclose on your home. Two new laws could stop this “equity theft” (CO) May 3, 2024
Little by little, Colorado lawmakers are reining in out-of-control metro districts and homeowner associations. But much more needs to be done. We are dumbfounded that a state law is necessary to prevent these quasi-governmental boards from abusing their power of fines, fees, interest and attorney fees to take people’s homes through a lien and foreclosure process. The districts and associations exist to serve the homeowners, and yet a few bad apples have found ways to use the districts to line ...
NLRB Official Says Colorado HOA Workers Can Vote On Union April 29, 2024
A National Labor Relations Board official cleared three employees of a Colorado homeowners’ association to vote on representation by an International Association of Machinists local lodge next month, (balance of story behind subscriber paywall at Law360)
Colorado Senate to consider bill to further regulate towing industry April 24, 2024
Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing. The issue caught fire last summer when Gonzales found her car had been towed, believing it was illegal. Read the article…………………………….
Gov. Jared Polis signs bill barring HOAs from prohibiting home-based businesses (CO) April 22, 2024
Gov. Jared Polis has signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session. Under Senate Bill 134, a home-based business must still comply with an HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise levels. The operation of a home-based business must also be compliant with local noise and nuisance ordinances. Read the article…………………………….
Gov. Jared Polis signs bill to protect Colorado’s home-based businesses from HOAs April 20, 2024
Gov. Jared Polis signed a measure into law that prohibits homeowners associations from barring the operation of home-based businesses, saying it is one of his “favorite” bills this session. Under Senate Bill 134, a home-based business must still comply with the HOA’s rules and regulations around things like architectural control, parking, landscaping, and noise levels. The operation of a home-based business must also be compliant with local noise and nuisance ordinances. Read the article…………………………….
Homeowners urge lawmakers to take action on bill addressing defective home construction (CO) April 17, 2024
When your home is built poorly, it can be hard to hold builders accountable, or even get repairs done. A bill moving through the Colorado legislature would make it easier for homeowners to get the fixes they need. “It’s only about having the repairs done properly,” said Janine Musser, a Colorado homeowner. Read the article…………………………….

Colorado Condo & HOA Articles

You Have Been Assessing Me Too Much! Square Footage Allocation Discrepancies (CO) May 1, 2024
For homeowners’ associations whose assessment allocations are based on square footage of units, problems may arise if the developer used incorrect square footages in the calculations and an owner discovers such discrepancy (especially if the owner is paying a higher assessment than they would otherwise). Owners who discover such discrepancies will likely complain to the board and/or manager, oftentimes demand a refund, and typically threaten legal action if the problem is not corrected. Read the article…………………………….
Collecting When the Homeowner is Deceased (CO) May 1, 2024
Unfortunately, sometimes homeowners pass away. When that happens and the homeowner owes a balance to the association, boards often have many questions about what that means and what they should be doing. First and foremost, remember that the heirs are grieving their loved one. Board members are often torn between wanting to be respectful of the situation, but also carry out their fiduciary duty as a board member. Read the article…………………………….
FinCen Confirms CTA Applies to Associations April 24, 2024
Although many concluded that the Corporate Transparency Act (“CTA”) applies to homeowners associations, we now have verification of this. On April 18, 2024, the Financial Crimes Enforcement Network (“FinCen”) issued 16 new FAQs and updated two more. Under Category C, question C.10 of the FAQs, a Q&A was added confirming that CTA requirements apply to most homeowners’ associations in the country. Read the article…………………………….
Landscaping and Covenant Enforcement (CO) April 19, 2024
With spring being in full force and summer being just around the corner, we wanted to remind all Associations regarding policies, covenant enforcement and good practices as it relates to landscaping. Read the article…………………………….
Maximizing Insurance Savings: A guide to maintenance, replacement, and risk mitigation in community associations April 17, 2024
For community associations, managing insurance costs can be a challenging but crucial task. Focusing on maintenance, replacement, and risk mitigation can significantly impact insurance premiums especially when dealing with separate carriers for property and general liability insurance. Below, we explore strategies for community associations to proactively maintain and replace key elements, ultimately reducing the risk of insurance claims and maximizing cost savings. Read the article…………………………….
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO) April 17, 2024
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes to already-mandated policies and resulted in additional expenses be incurred to comply with the new laws. Read the article…………………………….
Roof Preventative Maintenance for Multi-Family Communities April 17, 2024
A roofing Preventative Maintenance Agreement (PMA) is a key component in property up-keep. This article will cover the basics of roof preventive maintenance: what it is, why it’s important, and what to look for with different roofing systems. To start off, roof preventive maintenance is scheduled maintenance and cleaning designed to help maintain the overall health of a roof and remediate small issues before they can become larger issues. Why is it important to perform preventative maintenance for a roofing ...
Strategic Budgeting for Deferred Maintenance: A Roadmap for Long-Term Success April 17, 2024
Analyzing the financial health of a homeowners association is a crucial task to ensure its ability to maintain and enhance the community and common areas. For a variety of reasons, sometimes the association will be faced with deferred maintenance. Creating a funding plan to address maintenance helps establish a sustainable financial foundation. Completing an assessment of deferred maintenance is the first step in determining the current state of the community. Read the article…………………………….

Colorado Laws

Colorado Condo & HOA Resources

HOA Information Office and Resource Center (Ombudsman)

CAI – Rocky Mountain Chapter
CAI – Southern Colorado Chapter

As of March, 2011, every homeowners association organized under the Colorado Common Interest Ownership Act (CRS 38-33.3-101 et seq.) must file an annual registration with the newly created HOA Information and Resource Center . To register your HOA

The Colorado HOA Information Office and Resource Center, housed within the Division of Real Estate, has published a number of consumer resources. They can be found on this page – click on the General Publications for HOA Members

There are additional resources for board members here

Community Association Manager Licensing Rules

Colorado HOA Forum