The Colorado Legislature, continuing a trend of recent years, has again amended the Colorado Common Interest Ownership Act (CCIOA) to address the perceived abuse of property owners by their homeowners associations (HOAs).  

House Bill 10-1278 , which was signed into law this month, creates within the Colorado Division of Real Estate the HOA Information and Resource Center. The Center will be headed by an HOA Information Officer, appointed by the Executive Director of the Colorado Department of Regulatory Agencies. It is scheduled to take effect January 1, 2011.

The Center will:

  • Act as a clearinghouse for information concerning the basic rights and duties of unit owners, declarants, and HOAs under CCIOA

  • Track inquiries and complaints

  • Report annually to the Director of the Division of Real Estate on the number and types of inquiries and complaints received

To fund the Center’s operations, every HOA will be required to register annually with the Division and pay a fee. The information that will be required by the registration form and the fee have not yet been determined.

An HOA that fails to register or whose registration lapses will not be able to impose or enforce a lien for assessments under CCIOA, or pursue any other legal action or any enforcement mechanism for collection of assessments until properly registered.

If you have questions about the amendment, please contact W. Michael Clowdus, at 303.299.7351 or; Christopher W. Payne, at 303.299.7345 or; or any other Denver office-based member of Ballard Spahr’s Planned Communities and Condominiums Group or Resort and Hotel Group.

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