Colorado Statewide Rule
Colorado HOA Covenant & Architectural Enforcement
Key Facts
- Governing law
- C.R.S. § 38-33.3-302 / § 209.5
- Enforcement standard
- Notice + opportunity to be heard; fines must be reasonable
- Architectural review
- Cannot be arbitrary or capricious (§ 302(3)(b))
- Required policy
- Written covenant-and-rules enforcement policy mandated
- Water-use exception
- No fines for under-watering during water restrictions (§ 302(1)(k)(II))
Summary
C.R.S. § 38-33.3-302 lets a Colorado association enforce covenants and 'levy reasonable fines' only 'after notice and an opportunity to be heard.' Architectural and landscaping decisions 'shall not be made arbitrarily or capriciously,' and every association must adopt a written covenant-and-rules enforcement policy under § 38-33.3-209.5.
(k) (I) Impose charges for late payment of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association. (II) The association may not levy fines against a unit owner for violations of declarations, bylaws, or rules of the association for failure to adequately water landscapes or vegetation for which the unit owner is responsible when water restrictions or guidelines from the local water district or similar entity are in place and the unit owner is watering in compliance with such restrictions or guidelines. The association may require proof from the unit owner that the unit owner is watering the landscape or vegetation in a manner that is consistent with the maximum watering permitted by the restrictions or guidelines then in effect.
Full Breakdown
Under C.R.S. § 38-33.3-302(1)(k), an association may 'after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations.' Section 302(3)(b) requires that decisions 'concerning the approval or denial of a unit owner's application for architectural or landscaping changes ... be made in accordance with standards and procedures set forth in the declaration or in duly adopted rules ... and shall not be made arbitrarily or capriciously.' Every association must adopt a written policy on 'enforcement of covenants and rules, including notice and hearing procedures and the schedule of fines' (§ 38-33.3-209.5(1)(b)(IV)). The detailed cure-period and notice machinery in § 209.5(1.7) applies to all covenant enforcement, and an owner found not responsible cannot be charged the association's costs or fees.
Violations & Penalties
Enforcement that skips required notice, cure periods, or the impartial hearing is unenforceable, and fines exceeding the $500 cap or imposed daily are barred. Arbitrary or capricious architectural denials violate § 302(3)(b) and can be challenged.
Frequently Asked Questions
Can a Colorado HOA deny my architectural request for any reason?
Does a Colorado HOA need a written enforcement policy?
Can a Colorado HOA fine me for a brown lawn during a drought?
Sources
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