Colorado Law · Enforcement & Violations

HOA Hearing Rights in Colorado: Notice and Hearing Before a Fine

In Colorado the right to be heard before a fine is not left to the bylaws. The Common Interest Ownership Act requires a written fine policy, notice, a hearing before an impartial decision maker, and, since 2022, statutory cure periods and a cap on total fines for violations that do not threaten public safety or health. This guide sets out what the statute says, for boards and owners alike.

Educational notice. This information is educational in nature and should not be construed as legal advice. Statutory references are to the Colorado Revised Statutes as published by the Colorado General Assembly at the time of writing; later amendments are possible. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Currency: verified against the Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout) and HB 22-1137 (effective August 10, 2022). Later amendments are possible. How these rules apply to a particular violation is a question for association counsel; owners commonly consult their own attorney, and the DORA HOA Information and Resource Center publishes general information.

The Short Version

The Colorado Common Interest Ownership Act (CCIOA), C.R.S. §§ 38-33.3-101 et seq., builds the hearing right into the association’s fining power itself:

1. Fines require notice and an opportunity to be heard. An association may levy reasonable fines for violations of the declaration, bylaws, and rules only after notice and an opportunity to be heard (§ 38-33.3-302(1)(k)(I)).
2. No written fine policy, no valid fine. No fine is valid unless the association has adopted, and follows, a written policy with a fair and impartial fact-finding process that guarantees notice and an opportunity to be heard before an impartial decision maker (§ 38-33.3-209.5(2)).
3. The enforcement policy is one of nine mandatory policies. Enforcement of covenants and rules, “including notice and hearing procedures and the schedule of fines,” is item (IV) of the responsible governance policies in § 38-33.3-209.5(1)(b).
4. Cure periods and a fine cap come first. Since HB 22-1137, there are no daily fines; non-safety violations get a 30-day cure and a $500 cap on total fines for the violation; safety and health violations get a 72-hour cure (§ 38-33.3-209.5(1.7)(b)).
5. No association costs after a not-responsible finding. If the fact-finding process determines the owner should not be held responsible, the association may not allocate its costs or attorney fees for the claim to the owner’s account (§ 38-33.3-209.5(3); see also § 38-33.3-123(1)(d)).

Which Colorado Communities These Rules Reach

CCIOA applies in full to condominiums, cooperatives, and planned communities created on or after July 1, 1992. Communities created before that date get only the sections listed in § 38-33.3-117, each from a stated date. For hearings and fines, the list matters:

• § 38-33.3-302(1)(k) (fines after notice and opportunity to be heard) is within § 302(1)(j)–(m), which § 117(1) applies to pre-1992 communities for events on or after July 1, 1992.
• § 38-33.3-209.5 (the written policies, the fine-policy rule, and the cure periods) is within §§ 209.4 to 209.7, which § 117(1.5) applies to pre-1992 communities from January 1, 2006.
• § 38-33.3-123 (enforcement and fees) is listed in § 117(1).
• § 38-33.3-308(4) (executive session) applies to all common interest communities from July 1, 1995 under § 117(4).

Very small communities can sit outside most of the Act. A small preexisting cooperative or planned community described in § 38-33.3-119, or a small new one described in § 38-33.3-116 (as amended by SB 24-021), is generally subject only to §§ 105–107 unless it opts in. Whether a particular community falls in one of these categories is a question for its counsel.

The Written Fine Policy

Section 38-33.3-209.5(2) makes the policy a condition of the fine, not an administrative nicety. The policy must provide a fair and impartial fact-finding process concerning whether the alleged violation occurred and whether the owner is the responsible party. The policy must require notice of the nature of the alleged violation, the action required to cure it, and the timeline for the fact-finding process, and must specify the interval at which fines may be levied for continuing violations (§ 209.5(2)(c)).

Enforcement policies typically address:

• how a violation is reported and verified;
• the notice the owner receives and how it is delivered;
• the cure period that applies (the statutory 72-hour or 30-day track);
• how the owner requests and attends a hearing, and who decides;
• the fine schedule, within the statutory limits;
• how the decision is communicated; and
• how the policy itself is adopted and amended (item (VII) of the § 209.5(1)(b) policy set).

The policies are association records that owners may inspect (§ 38-33.3-317(1)(f)) and are part of the annual disclosure under § 38-33.3-209.4(2).

The Impartial Decision Maker

Colorado does not require a separate committee. It requires impartiality. Under § 38-33.3-209.5(2), an impartial decision maker is a person or group with no direct personal or financial interest in the outcome beyond that of the general membership. A director who reported the violation, lives next to it, or is in a dispute with the owner is the kind of participant boards typically ask to step aside. The conflict-of-interest policy, item (II) of § 209.5(1)(b), is the usual place where a board writes down how recusal works.

Cure Periods and Fine Limits After HB 22-1137

HB 22-1137 (Session Laws 2022, ch. 367, effective August 10, 2022) added § 38-33.3-209.5(1.7)(b). The 2024 text sets two tracks, keyed to whether the association “reasonably determines” that a violation threatens public safety or health. How a particular violation is classified is a question for association counsel. The figures below are the statute’s general terms, not a test of any particular fine.

The same subsection adds three operational rules. If the association has not received notice of cure, it inspects within seven days after the 30-day cure period expires. If the owner sends notice of cure with visual evidence, the violation is deemed cured on the date the notice is sent. After cure, the owner receives notice that fining has stopped and of any remaining balance. CICSC’s review located no published Colorado appellate decision construing these limits; the question is undeveloped in the case law.

Separately, § 38-33.3-302(1)(k)(II) bars fines for under-watering when the owner is complying with local water restrictions.

The Hearing and Executive Session

Section 38-33.3-308(4) limits executive session to six enumerated topics. One of them, § 308(4)(e), covers matters whose disclosure would be an unwarranted invasion of privacy, and expressly includes an owner disciplinary hearing and any referral of a delinquency. The affected owner may obtain the result of the vote. The chair announces the general topic before going into executive session (§ 308(5)), no rule may be adopted in executive session (§ 308(6)), and the minutes note the session and its general subject (§ 308(7)).

Holding the hearing in executive session protects the owner’s privacy. It does not suspend the impartiality requirement or the written-policy requirement.

After the Decision

• Found not responsible. The association may not allocate its costs or attorney fees for the claim to the owner’s account (§ 38-33.3-209.5(3)); in court, § 38-33.3-123(1)(d) addresses fees where the owner prevails because no violation occurred.
• Small claims. § 38-33.3-209.5(9) provides that disputes over assessments, fines, or fees up to $7,500 may be filed in small claims court. Under § 209.5(6), notices of delinquency describe the pre-suit steps, the cure process, and small-claims options.
• No foreclosure on fines. The association may not foreclose on a debt made up only of fines or fine-related collection costs and attorney fees (§ 38-33.3-209.5(8)(c)). Interest on assessments, fines, and fees is capped at 8% a year (§ 209.5(8)(a)).
• Timing of enforcement suits. An action to enforce a building restriction must be filed within one year of when the violation was or should have been known (§ 38-33.3-123(2)).
• Registration. An association that is not registered with the Division of Real Estate, or whose registration has expired, has its § 123 enforcement rights suspended until it registers (§ 38-33.3-401(3)).

Architectural Decisions Are Held to a Standard Too

Many fines grow out of architectural disputes. Section 38-33.3-302(3)(b) requires decisions on architectural or landscaping applications to follow the standards and procedures in the declaration or duly adopted rules or bylaws, and not to be made arbitrarily or capriciously.

Why This Matters

The policy is part of the fine. Section 209.5(2) provides that the association may not fine an owner unless it has adopted and follows a written fine policy. Whether a particular policy was validly adopted is a question for counsel.

The cap changes the role of fines. For violations outside the safety track, § 209.5(1.7)(b)(III) caps total fines for the violation at $500, and § 209.5(8)(c) bars foreclosure on fines alone. Many boards place more weight on cure, conversation, and, where warranted, counsel.

Impartiality is documented. Boards commonly record who decided a matter and how recusal was handled.

Practices Boards Commonly Adopt

None of the following is legal advice about any particular file; each is a practice boards use alongside counsel.

1. Confirm the policy exists, was adopted, and matches the statute.

Boards typically pull the enforcement policy and the fine schedule, confirm the board resolution adopting them, and ask counsel whether both reflect the post-2022 cure periods and cap.

2. Separate the reporter from the decider.

A short recusal step at the start of every hearing, recorded in the minutes, documents impartiality.

3. Track the clocks.

Certified-mail date, cure deadline, seven-day inspection, second cure period: each is a date the file should show.

4. Log the owner’s notice of cure.

Under § 209.5(1.7)(b)(IV), a notice of cure sent with visual evidence makes the violation deemed cured on the date it is sent. Managers typically log the date received.

5. Close the loop in writing.

A post-cure notice that fining has stopped, with any balance, is a statutory step and a relationship step.

Common Mistakes & Pitfalls

Frequently Asked Questions

Can a Colorado HOA fine an owner without a hearing?

Under C.R.S. § 38-33.3-302(1)(k)(I), an association may levy reasonable fines for violations of the declaration, bylaws, and rules only after notice and an opportunity to be heard. Section 38-33.3-209.5(2) adds that no fine is valid unless the association has adopted, and follows, a written policy with a fair and impartial fact-finding process that guarantees notice and an opportunity to be heard before an impartial decision maker. Whether a particular association’s process meets that standard is a question for association counsel.

Who counts as an impartial decision maker at a Colorado HOA fine hearing?

Colorado does not require a separate committee; it requires impartiality. Under § 38-33.3-209.5(2), an impartial decision maker is a person or group with no direct personal or financial interest in the outcome beyond that of the general membership, and boards typically ask a director who reported the violation, lives next to it, or is in a dispute with the owner to step aside. How recusal works on a specific board is a question for association counsel.

What cure periods and fine limits apply to Colorado HOA violations after HB 22-1137?

Section 38-33.3-209.5(1.7)(b) prohibits daily fines. For a violation the association reasonably determines threatens public safety or health, the statute provides written notice and a 72-hour cure period, with fines no more often than every other day afterward; for all other violations, it provides notice by certified mail, a 30-day cure period, and a $500 cap on total fines for the violation. How a particular violation is classified is a question for association counsel.

Can a Colorado HOA board hold a fine hearing in executive session?

Section 38-33.3-308(4)(e) allows executive session for matters whose disclosure would be an unwarranted invasion of privacy and expressly includes an owner disciplinary hearing; the affected owner may obtain the result of the vote. The chair announces the general topic first, no rule may be adopted in executive session, and the minutes note the session and its general subject. Executive session does not suspend the impartiality or written-policy requirements, and association counsel can address how these rules apply to a given hearing.

What happens in Colorado if an HOA hearing finds the owner not responsible?

Under § 38-33.3-209.5(3), if the fact-finding process determines the owner should not be held responsible, the association may not allocate its costs or attorney fees for the claim to the owner’s account. In court, § 38-33.3-123(1)(d) addresses fees where the owner prevails because no violation occurred. How these provisions apply to a specific file is a matter for association counsel.

Actionable Takeaways

1. Locate the adopted enforcement policy and fine schedule, and the resolution adopting them.
2. Have counsel compare them with § 209.5(1.7)(b), (2), and (3) as currently in force.
3. Write a recusal step into the hearing procedure.
4. Build a file checklist: notice, delivery proof, cure dates, inspection, hearing record, written decision, post-cure notice.
5. Confirm the association’s Division of Real Estate registration is current before any enforcement action.
6. For pre-1992 communities, confirm with counsel which sections § 117 applies and how the declaration interacts with them.

References & Sources

1. C.R.S. § 38-33.3-302(1)(k) and (3)(b) — Powers of unit owners’ association (fines after notice and hearing; architectural standards). Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
2. C.R.S. § 38-33.3-209.5(1)(b), (1.7)(b), (2), (3), (6), (8), (9) — Responsible governance policies; due process for imposition of fines.
3. C.R.S. § 38-33.3-308(4)–(7) — Meetings; executive session.
4. C.R.S. § 38-33.3-123(1)(d) and (2) — Enforcement; limitation on actions.
5. C.R.S. §§ 38-33.3-116, -117, -119 — Applicability to small and pre-July 1, 1992 communities.
6. C.R.S. § 38-33.3-401(3) — Annual registration; suspension of enforcement rights.
7. HB 22-1137, HOA Board Accountability and Transparency, Session Laws 2022, ch. 367, effective August 10, 2022. leg.colorado.gov/bills/hb22-1137
8. SB 24-021, Exempt Small Communities from HOA Requirements, Session Laws 2024, ch. 53. leg.colorado.gov/bills/sb24-021

Related Resources & Additional Reading from the CIC-SC Library

• Fines in Colorado: The Enforcement Policy, Cure Periods, and the Limits After HB22-1137 — the fine schedule in depth.
• The Nine Policies Every Colorado Association Must Adopt Under § 38-33.3-209.5 — the full policy set.
• Colorado Board Meetings Under § 38-33.3-308 — executive session and owner comment.
• Compliance Before Conflict in Colorado — the enforcement philosophy behind the procedure.

Tags: Colorado HOA hearing rights · C.R.S. 38-33.3-209.5 · 38-33.3-302(1)(k) · impartial decision maker · HB 22-1137 · Colorado HOA fines · cure period · executive session · CCIOA · covenant enforcement

Disclaimer. This article is published by the Common Interest Community Standards Council for educational and informational purposes only. It is not legal advice and does not establish an attorney-client relationship. Statutory references and procedural frameworks are intended to support informed governance, not to substitute for advice from qualified Colorado legal counsel. Boards and managers should consult their association’s attorney about the application of any statute, governing-document provision, or enforcement decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.

Published by the Common Interest Community Standards Council (CICSC). Part of the CICSC Member Education Library. © 2026 CICSC. Educational use permitted with attribution.