Colorado Rights HOA Homeowners Should Know

Below are key 2025 updates from the Colorado Common Interest Ownership Act (CCIOA), supported by official Colorado law. This information will empower us as homeowners to push back on vague, manipulative, or self-serving HOA practices. 

1. Colorado CCIOA – Official Law Text 

The full Colorado Common Interest Ownership Act (CCIOA) is available through the Colorado General Assembly. 

Link: Title 38 – Article 33.3 – Colorado Revised Statutes 

Look for Article 33.3 which governs all HOAs. 

2. Homeowner Rights to HOA Records 

CCIOA defines “association records” and gives homeowners the right to inspect and copy them: 

• Financial statements & bank records 

• Meeting minutes & board resolutions 

• Signed contracts & vendor agreements 

• Budgets, reserve studies, and insurance policies 

• Bylaws, CC&Rs, and enforcement records 

Statute: C.R.S. § 38-33.3-317 

What the Law Says: 

• The HOA must respond within 30 calendar days of a written, certified request. 

• Fees must be based on actual costs only — no inflated “processing” or “legal 

review” charges. 

• You cannot be required to: 

o Sign a non-disclosure agreement (NDA) 

o Prove a “proper purpose” 

o Promise not to share the information 

These tactics are not legal under Colorado law. 

Penalty Clause (C.R.S. § 38-33.3-317(4.5)): 

“If the association fails to allow inspection or copying of records… the association is liable for $50 per day, starting on the 11th business day after receipt, up to a maximum of $500 or the owner’s actual damages—whichever is greater.” 

This is real law, not interpretation. HOA attorneys cannot overrule it. 

What You Can Say: 

“Under C.R.S. § 38-33.3-317, I am entitled to inspect and copy association records. The law does not require a proper purpose or an NDA, and fees must reflect only the actual cost of providing the records. Please process my request accordingly.” 

3. HOA Voting Procedures & Secret Ballots 

Under C.R.S. § 38-33.3-310, your voting rights are clearly defined: 

• Secret ballots are mandatory for contested board elections. 

• If 20% of unit owners present at a meeting request a secret ballot — it must be granted. 

• Ballots must be counted by a neutral third party or independent volunteer committee — not by the board, HOA attorney, or candidates. 

This prevents rigged elections and protects democratic process. 

Link to Statute: C.R.S. § 38-33.3-310 

Why It Matters: 

HOA attorneys — may not oversee or count ballots in contested elections due to conflict of interest. The law requires neutrality. 

4. Cap on Attorney Fees & Legal Charges 

Under C.R.S. § 38-33.3-123 (2024 update), HOAs are limited in what they can charge homeowners for attorney fees in disputes: 

• HOAs cannot charge more than $5,000 or 50% of the dispute amount—whichever is less. 

• A court can only exceed that if it finds the homeowner acted willfully and had the means to comply. 

Link to Statute: C.R.S. § 38-33.3-123 

Why This Matters: 

• This protects homeowners from predatory billing practices. 

• Boards and their attorneys cannot weaponize lawsuits and legal fees to intimidate or silence you. 

Summary: What This Means for Homeowners 

Topic 

Attorney Fees Limit 

Record Access Rights 

Voting Integrity 

Statute Summary 

Legal costs are capped at $5,000 or 50% of the debt unless homeowner willfully violates rules and has ability to comply. 

You can inspect & copy official records. Fees must reflect actual cost 

only. No NDAs or “proper purpose” barriers are allowed. 

Secret ballots required in contested elections. Counting must be done by neutral third parties—not attorneys or current board members.