Key Takeaways
- Colorado Common Interest Ownership Act (CCIOA) governs HOAs, condos, and planned communities
- HOA documents (declarations, bylaws, rules) must be disclosed to buyers
- Colorado requires specific mold and radon disclosures in certain situations
- Green building disclosures cover solar panels, energy efficiency, and sustainability features
- Colorado has specific requirements for foreclosure procedures and timelines
Last updated: January 2026
Special Topics in Colorado Real Estate
Colorado has specific laws and regulations for common interest communities and various special situations.
Colorado Common Interest Ownership Act (CCIOA)
CCIOA (C.R.S. 38-33.3) governs:
- Homeowners Associations (HOAs)
- Condominiums
- Planned communities
- Townhome associations
Key CCIOA Provisions
| Provision | Requirement |
|---|---|
| Governing Documents | Declaration, bylaws, rules |
| Association Powers | Assessment collection, rule enforcement |
| Owner Rights | Meeting attendance, voting, records access |
| Resale Disclosure | Required for all sales |
HOA Disclosures in Transactions
Sellers must provide:
| Document | Description |
|---|---|
| Declaration | Master governing document |
| Bylaws | Operating rules |
| Rules and Regulations | Community standards |
| Financial Statements | Association finances |
| Reserve Study | Long-term planning |
| Meeting Minutes | Recent board actions |
| Assessments | Current and pending dues |
Resale Certificate
The HOA must provide a resale certificate containing:
- Current assessments
- Pending special assessments
- Association financial status
- Pending litigation
- Insurance coverage
- Governance information
Timing: Certificate must be provided within specified time after request.
Environmental Disclosures
Radon
Colorado has significant radon concerns:
| Requirement | Detail |
|---|---|
| Disclosure | Recommended practice |
| Testing | Advised for all transactions |
| Mitigation | May be negotiated |
| EPA Guidance | Action level 4.0 pCi/L |
Mold
| Requirement | Detail |
|---|---|
| Disclosure | Known mold should be disclosed |
| No State Standard | Colorado doesn't regulate mold levels |
| Best Practice | Professional inspection if suspected |
Lead-Based Paint
Federal requirements apply:
- Pre-1978 homes
- EPA pamphlet required
- Seller disclosure required
- 10-day inspection right
Methamphetamine Contamination
| Requirement | Detail |
|---|---|
| Disclosure Required | Yes - if property was meth lab |
| Cleanup Standards | State decontamination standards |
| Certification | Must be certified clean |
| Recording | May be recorded against property |
Green Building and Solar
Solar Panel Disclosures
If property has solar panels:
| Disclose | Details |
|---|---|
| Owned vs. Leased | Ownership status |
| Lease Terms | If leased, all terms |
| Transfer Requirements | How lease transfers |
| Performance Data | System output information |
| Warranties | Coverage and terms |
Energy Efficiency
Disclosure may include:
- Energy audit results
- Utility costs
- Efficiency improvements
- Green certifications
Foreclosure in Colorado
Public Trustee Foreclosure
Colorado uses a public trustee system:
| Step | Timeline |
|---|---|
| Notice of Election and Demand | Filed with public trustee |
| Publication | 5 consecutive weeks |
| Sale | Approximately 110-125 days after filing |
| Redemption Period | 75 days for owner |
| Confirmation | Court confirmation of sale |
Deficiency Judgments
| Type | Allowed? |
|---|---|
| Public Trustee Sale | Generally no |
| Judicial Foreclosure | Yes, if pursued |
Property Tax Considerations
Assessment and Appeals
| Process | Detail |
|---|---|
| Assessment Cycle | Every odd year |
| Assessment Ratio | 6.765% residential (varies) |
| Appeals | To County Board of Equalization |
| Payment | In arrears |
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Test Your Knowledge
What Colorado law governs homeowners associations and condominiums?
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Test Your Knowledge
In a Colorado HOA transaction, which document must the association provide to buyers?
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Test Your Knowledge
How does Colorado handle non-judicial foreclosures?
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