Commerce City, CO HOA Rules: HOA Disputes (2026)

Article IX of Chapter 5, the city's construction defects ordinance adopted by Ord. No. 2060 in 2015, does not create a general HOA governance-dispute forum; instead it channels one specific kind of HOA dispute, a board's decision to sue a builder, contractor, architect or developer over an alleged defect. Sec. 5-19003 lets an original or subsequent homeowner or the association itself send the builder a notice of claim, which triggers a right-to-repair process under Sec. 5-19005 and Sec. 5-19006, including a fourteen-day acknowledgment deadline, a thirty-day inspection window and a two-year warranty on any repair under Sec.

5-19007. Sec. 5-19009 protects any mediation or arbitration requirement already written into the community's declaration, bylaws or rules: a later board vote to strip that clause out does not apply to defects that happened before the amendment, so a homeowner or the association cannot dodge an existing arbitration clause after the fact. Sec. 5-19010 then adds a homeowner-protection layer specific to Commerce City: before the board can file suit under state law (C.R.S. § 13-20-803.5), it must mail every homeowner a detailed notice covering the anticipated litigation costs, the estimated repair cost or diminished unit value, the effect on marketability and refinancing, how the action will be funded and whether the builder already offered repairs.

The board then needs written consent, in person or by signed ballot, from homeowners holding a majority of the association's total voting rights, obtained within sixty days of the notice or the board is deemed to have been refused consent. A board that skips notice, ignores the consent requirement or fails to get majority support cannot proceed with litigation under this article.