# Colorado HOA Foreclosure: The 6-Month Rule (2026) > Under Colorado Revised Statutes 38-33.3-316, an HOA can lien and foreclose for unpaid assessments, but two limits matter to a buyer. First, the association cannot foreclose unless the balance secured by the lien equals or exceeds six months of common assessments under the adopted budget. Second, the executive board has to authorize the foreclosure by a recorded vote against that specific unit, and it cannot delegate that decision to a manager or attorney. Before filing a lien, the association gives at least 30 days written notice of the amount owed and the deadline to cure. On top of that, HB25-1043 (effective October 1, 2025) added owner equity protections: the association must send a pre-foreclosure notice warning that a sale could wipe out the owner's equity, and the owner can ask the court to stay the auction and sell the home at fair market value instead. And the association cannot foreclose on a lien that is made up only of fines. _Source: https://hoanotes.com/hoa/colorado/foreclosure/ | Last reviewed 2026-06-03_ ## The six-month threshold and the board vote Colorado does not let an HOA foreclose over a small balance. The debt has to equal or exceed six months of regular common assessments before a foreclosure can start. A couple of missed months is a lien problem, not a foreclosure-sale problem. The decision also cannot be made quietly. The executive board has to authorize the action by a recorded vote against the individual unit, and it cannot hand that call to a management company or law firm. A foreclosure filed without evidence of that recorded vote can be dismissed. Before any lien, the owner gets at least 30 days written notice of the amount due and the cure deadline. ## The 2025 equity protections and the fine limit HB25-1043 took effect on October 1, 2025 and changed the calculus for owners with equity. At least 30 days before foreclosing, the association has to send a notice warning that a sale could cost the owner some or all of their equity, point to credit counseling, and flag free resources. After filing, the owner gets notice of the right to cure and the right to ask the court to stop the auction so the home can be listed and sold at fair market value, with the court's order lasting up to nine months. There is also a hard limit a buyer should know: a Colorado HOA cannot foreclose on a lien that consists only of fines, or only of the collection costs and attorney fees tied to those fines. Foreclosure is for unpaid assessments, not for a stack of disputed violation fines. ## What to check in the disclosure packet Before you make an offer, confirm: - The seller's assessment ledger and whether any balance is near six months of dues. - Whether a lien has been recorded against the unit, and what it secures. - Whether any delinquent balance is assessments or mostly fines, which cannot support a foreclosure. - Board minutes for a recorded vote to foreclose on a unit in the community. - Any pre-foreclosure or equity-protection notice already sent to the seller. ## Why this matters to your offer A Colorado HOA lien attaches to the unit, so an unpaid balance can become your problem if it is not cleared at closing. The six-month threshold, the recorded vote, and the 2025 equity law give owners real protection, but a buyer still needs to read the ledger and confirm nothing is outstanding. An HOA Notes brief pulls the assessment history, checks for a recorded lien, separates assessments from fines, and cites the page behind every number so you know the real foreclosure exposure before you sign. ## What the statute says **Colorado Revised Statutes section 38-33.3-316** (Pre-lien delinquency notice and foreclosure restrictions). Before filing a lien for delinquent assessments, the association must give the owner at least 30 days written notice identifying the amount owed and the deadline to cure; Colorado has enacted additional foreclosure equity protections (HB 25-1043) that restrict an association's ability to foreclose when significant equity would be lost to the owner; prior to a foreclosure sale the association must demonstrate it has exhausted reasonable collection alternatives. The association may file a lien after the required notice period and pursue judicial or nonjudicial foreclosure subject to the applicable threshold requirements and equity protections; it may recover attorney fees and costs as part of the lien. ## Colorado HOA foreclosure: common questions ### When can a Colorado HOA foreclose? Only when the balance secured by the lien equals or exceeds six months of common assessments, and the executive board authorizes the action by a recorded vote against the specific unit. ### Can a Colorado HOA foreclose over fines? No. An HOA cannot foreclose on a lien made up solely of fines, or of the collection costs and attorney fees tied only to those fines. ### What did HB25-1043 change? Effective October 1, 2025, it added equity protections: a pre-foreclosure notice warning of equity loss, credit-counseling information, and the owner's right to ask the court to stay the auction and sell the home at fair market value. ### How much notice before an HOA lien in Colorado? At least 30 days. The association must give written notice of the amount owed and the deadline to cure before filing a lien. ## Sources (verified 2026-06-03) 1. Colorado Revised Statutes section 38-33.3-316 (lien for assessments; limitations), Justia. Verified 2026-06-03. https://law.justia.com/codes/colorado/title-38/real-property/interests-in-land/article-33-3/part-3/section-38-33-3-316/ 2. HB25-1043 summary (owner equity protection in HOA foreclosure sales), Colorado Division of Real Estate. Verified 2026-06-03. https://dre.colorado.gov/hb25-1043-summary 3. Colorado HOA assessment liens and foreclosure laws, Nolo. Verified 2026-06-03. https://www.nolo.com/legal-encyclopedia/new-homeowners-association-hoa-laws-colorado.html HOA Notes is not a law firm and this is not legal advice.