Colorado HOA disclosure
What state law requires, what the standard resale packet leaves out, and the Colorado-specific gotchas buyers should know before removing contingencies.
Primary statute: Colorado Common Interest Ownership Act (Colorado Revised Statutes Title 38, Article 33.3). Together with the FCC Over-The-Air Reception Devices Rule (47 C.F.R. section 1.4000) and a handful of subject-specific statutes (solar, flags, EV charging, where applicable), these are the rules that override declaration and bylaw language inconsistent with them.
These are the CO rules that most commonly conflict with what the disclosure packet appears to say. Each one is worth a direct question to the HOA before contingency removal.
CCIOA cutoff: July 1, 1992
Pre-1992 associations may be only partially covered
CCIOA fully applies to most common interest communities created after July 1, 1992. Older associations may have only partial coverage. Determine the community's recording date before assuming any CCIOA right applies.
Solar void by independent statute
Section 38-30-168 reaches even pre-CCIOA associations
Section 38-30-168 independently voids any deed restriction or covenant that prohibits or unreasonably restricts solar device installation, including for associations not fully governed by CCIOA. This is a separate, broader protection than CCIOA itself.
Rental restrictions require 67% of ALL owners
Section 38-33.3-217(4.5) blocks board-only rental bans
Adding a rental restriction to an existing declaration requires approval of 67% of ALL unit owners (not just owners present at a vote). A rental restriction adopted by board action alone, or by a smaller supermajority, is unenforceable. It is also not enforceable against owners who purchased before adoption.
Fine procedure: 30-day notice and cure
Boards cannot fine without a documented cure period
CCIOA requires a 30-day notice and opportunity to cure before fines are imposed for most covenant violations. A fine assessed without documented notice is challengeable. Review the violation file in the disclosure packet for procedural compliance.
Budget ratification is owner-driven
Owners can reject the budget by majority vote at the ratification meeting
Boards adopt a budget, but it must be ratified by the owners at a special meeting. The budget passes unless a majority of all owners vote to reject it. The mechanic matters: a budget can become final even without a quorum, but the right to challenge it exists at every cycle.
Plain-English guides to the Colorado statutes that most often clash with HOA governing documents. Each one explains the rule, what the board can still do, and what to check in the disclosure packet before you remove contingencies.
Colorado Revised Statutes 38-33.3-316
Foreclosure and the 6-month rule
An HOA cannot foreclose unless the balance hits six months of assessments and the board votes on the record; a 2025 law protects an owner's equity.
Colorado Revised Statutes 38-33.3-217(4.5)
Adding a rental restriction takes 67 percent of all association votes, and a board rule alone cannot do it; owners who bought first are usually grandfathered.
Colorado Revised Statutes 38-33.3-209.5
Fines for non-safety violations are capped at $500, with a 30-day cure period and a hearing first, and fines alone cannot trigger a foreclosure.
Colorado Revised Statutes 38-30-168
A covenant that bans solar, wind, or a heat pump is void, and a placement rule cannot raise cost or cut output more than 10 percent.
Colorado Revised Statutes 38-33.3-106.5
An HOA cannot require a grass lawn, must allow an 80 percent drought-tolerant option, and cannot ban a vegetable garden.
Colorado Revised Statutes 38-33.3-106.8
An HOA cannot deny a Level 1 or Level 2 charger on property you own, short of a real safety or feasibility problem.
Colorado Revised Statutes 38-33.3-106.5
An HOA cannot ban a religious symbol on your entry door or door frame, up to 36 square inches.
Colorado Revised Statutes 38-33.3-303(4)
Colorado sets no cap on dues increases; the only check is an owner vote to veto the budget.
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About this page
This is a general buyer guide for Colorado HOA disclosure. HOA Notes is not a law firm and this is not legal advice. State statutes change; the citations above were current as of the page's last update. Consult a Colorado real estate attorney before removing contingencies or relying on any state-law right described here.