CCIOA governs HOA assessments in Denver. The board must adopt an annual budget and provide it to all owners. Associations may levy regular and special assessments. Liens for unpaid assessments take super-priority over first mortgages for up to six months of dues. Colorado HB 24-1337 caps attorney fees in collection actions.
Under CCIOA (C.R.S. 38-33.3), the association must adopt an annual budget and provide a copy to all unit owners within 30 days of adoption. Regular assessments are allocated according to each unit's common expense allocation. Special assessments may require membership approval depending on the declaration's provisions. CCIOA provides a statutory lien for unpaid assessments that includes a super-priority component covering up to six months of unpaid assessments, which takes priority over first mortgages (C.R.S. 38-33.3-316). The association must provide written notice at least 30 days before recording a lien. Interest on late payments accrues at the rate specified in the declaration, or if none, at 8% per year. House Bill 24-1337 (effective 2024) limits attorney fees in HOA collection actions, capping fees at the lesser of 50% of the outstanding assessments or $5,000. Associations must provide a written payment plan option to owners with outstanding balances before proceeding to foreclosure. The lien includes unpaid assessments, late charges, attorney fees, fines, and interest. Associations may foreclose the lien judicially under Colorado law.
Failure to pay assessments results in late charges, interest, and a statutory lien against the unit. The association may pursue collection including attorney fees (subject to HB 24-1337 caps), wage garnishment, and judicial foreclosure of the assessment lien. The super-priority lien for up to six months of assessments takes precedence over first mortgages.
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