Fort Collins, CO HOA Rules: Dispute Resolution (2026)
Key Facts
- Protected clause
- declaration's mandatory ADR for defect claims
- Consent required to change it
- the declarant
- Location mandate
- arbitration/mediation must be within Fort Collins
- Legal standard
- Colorado Uniform Arbitration Act, Title 13 Art. 22
- Penalty
- § 1-15 penalties upon conviction
Summary
Fort Collins makes it illegal to gut a condo declaration's mandatory arbitration clause for construction defect disputes without the builder's consent. Section 5-354 also forces any covenant-required mediation or arbitration to happen inside city limits, and violators face criminal penalties under § 1-15.
No person shall attempt to modify or eliminate a requirement for alternative dispute resolution by the association, by the executive board or by the unit owners without the consent of the declarant, whenever a declaration in a common interest community that includes residential units requires any form of alternative dispute resolution for construction defect claims asserted by the association, by the executive board, or by any unit owner, and such declaration expressly prohibits any future amendment to the declaration that would modify or eliminate the requirement for alternative dispute resolution without the consent of the declarant. ... Any attempt to modify or eliminate a requirement for alternative dispute resolution contrary to Subsection (a) above, shall be deemed ineffective, an abrogation of a contractual obligation, and void as against public policy. Any person who attempts to so modify or eliminate such a requirement in violation of Subsection (a), shall, upon conviction, be subject to the penalties set forth in § 1-15 of the City Code.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 155 | Transitional Land Use Code (for project before May 17, 2024): Supplement 61 | Traffic Code: Supplement 27).
Full Breakdown
Article VIII's § 5-354 protects declarant-drafted alternative dispute resolution (ADR) clauses in common interest community declarations. Under subsection (a), no one, not the association, its executive board, nor the unit owners, may modify or eliminate a declaration's ADR requirement for construction defect claims without the declarant's consent, if the declaration contains language locking in that protection and bars future amendment without declarant sign-off. , requires mediation or arbitration to occur at a mutually agreeable location within the City of Fort Collins, and requires the arbitrator to apply Colorado substantive law, with a court empowered to vacate an award that fails to do so. Article VIII creates no private cause of action, civil remedy, or contract right of its own.
Violations & Fines
Any attempt to modify or eliminate a protected ADR requirement in violation of subsection (a) is deemed ineffective, an abrogation of a contractual obligation, and void as against public policy. A person who attempts that modification is, upon conviction, subject to the general penalty provisions of § 1-15 of the City Code, though § 5-354(b) confirms the Article itself does not create a separate private lawsuit or civil remedy for the attempt.
Frequently Asked Questions
Can a Fort Collins HOA remove a mandatory arbitration clause on its own?
Where must HOA construction defect arbitration take place under Fort Collins law?
What happens if someone tries to strip out the ADR requirement anyway?
Sources & Official References
Other rules in Fort Collins
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