![]() Before foreclosing, the association should provide the same notices as above, and is also required to send each month, by first class mail and by e-mail (if the association has that e-mail address) an itemized list of all past-due assessments, fines, fees or other charges. But if the association loses in litigation, it could be liable to the owner for up to $25,000 plus costs and attorney’s fees, for up to five years.Ī failure to pay past due assessments, in contrast to other covenant violations, allows the association to bring a foreclosure action-but only if the assessments are at least three months delinquent. And failure by the owner to cure within the 60-day period, if that is the sole alleged violation (as compared to failure to pay assessments), does not give rise to a foreclosure action by the association.įor lawsuits to collect fines and fees less than $7500, the jurisdiction of the small claims court has been expanded to allow such suits there, to reduce litigation costs for both sides. Daily additions to fines or late fees are no longer allowed. The association is then required to provide one additional thirty-day period to cure, before it can take any legal action. If the owner fails to cure, the association may impose a fine of not more than $500. Whether or not they provide such notice, however, the association has seven days after the expiration of the thirty-day cure period to inspect the unit. If the owner timely cures, they may send a notice to the association, with “visual evidence” that they have cured. If after this initial notice the association “reasonably determines” that a violation of the governing documents exists, it must notify the owner that they have thirty days to cure the violation (unless it relates to public safety, in which case the time period is seventy-two hours). Owners are allowed to provide the association with their preferred language if other than English, and may also identify a person to be the owner’s “designated contact,” who would receive the notice of alleged violations on their behalf. ![]() ![]() Before taking any legal action, the association must first contact the owner with a notice of the suspected violation, by certified mail and by posting on the unit, and also either: (1) by first class mail, (2) by text message to a number the owner has previously provided, or (3) to an e-mail address the owner has previously provided. House Bill 1137, under the subject of “Homeowners’ Association Board Accountability And Transparency,” creates new procedures that restrict the ability of associations to impose fines for suspected covenant violations. Associations will have limited ability to impose fines for covenant violations or foreclosure on delinquent owners The most significant amendments take effect August 9, 2022. In response to reports of a handful of associations aggressively enforcing fines against homeowners-particularly against lower income owners and families of color-the state’s general assembly added new procedures to CCIOA that may limit the ability of all associations to enforce their covenants and change how communities operate. ![]() The 2022 legislative session brought sweeping changes to the Colorado Common Interest Ownership Act (“CCIOA”), the act that governs most homeowners associations in Colorado.
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