CC&R enforcement in Denver HOAs is governed by CCIOA. Associations must provide written notice of violations and an opportunity to cure before imposing fines. Fines must be authorized by the governing documents and applied consistently. CCIOA requires due process protections including notice and a hearing before sanctions.
Under CCIOA (C.R.S. 38-33.3), Denver HOAs have authority to enforce covenants, conditions, and restrictions through fines, privilege suspension, and legal action. Before imposing any sanction, the board must provide written notice of the specific violation and give the owner a reasonable opportunity to cure. If the violation is not cured, the owner must be given notice and an opportunity to be heard at a board meeting before the board imposes fines or other sanctions. Fines must be authorized by the declaration, bylaws, or duly adopted rules and applied consistently to avoid selective enforcement claims. Enforcement must comply with the open meeting requirements, meaning the board cannot vote on enforcement actions against specific owners in executive session. Colorado law prohibits enforcement of certain restrictions, including those against renewable energy devices, xeriscape, political signs during election periods, and the display of U.S. and military flags. Associations may record liens for unpaid fines, though fine-based liens do not have the same super-priority status as assessment liens. The association may pursue legal action for persistent violations and recover attorney fees from the violating owner.
Owners who violate CC&Rs face written notice, cure period, hearing, fines, privilege suspension, and potential legal action. Fines accrue and may be subject to liens. Attorney fees are recoverable but subject to HB 24-1337 caps in collection actions. Persistent violations may result in injunctive relief through the courts.
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