HOA Liens and Foreclosure in Colorado
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Colorado, and the limits.
Short answer: Yes, with significant limits. Fines, collection costs and attorney fees may be part of an association's lien but cannot be the basis of a foreclosure. C.R.S. §§ 38-33.3-316, 38-33.3-316.3
| HOA liens and foreclosure | Yes, with significant limits. Fines, collection costs and attorney fees may be part of an association's lien but cannot be the basis of a foreclosure. For a unit that is an individual owner's principal residence, the association may foreclose only after getting a personal judgment against the owner in a civil collection case (or in limited situations such as the owner's death, incapacity, inability to be served within 180 days, or bankruptcy). At least 30 days before suing to foreclose, the association must notify the owner in writing and electronically of the right to credit counseling and the right to mediation. Owners must be offered a payment plan of at least 18 months, and the association may not foreclose while the owner is complying with it. Up to six months of regular assessments have priority over a first mortgage. |
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More Colorado foreclosure & homeowner law
- How Foreclosure Works in Colorado
- Redemption and Deficiency Judgments in Colorado
- Getting Your Home Back After a Tax Sale in Colorado
- All Colorado foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Colorado?
Yes, with significant limits. Fines, collection costs and attorney fees may be part of an association's lien but cannot be the basis of a foreclosure. For a unit that is an individual owner's principal residence, the association may foreclose only after getting a personal judgment against the owner in a civil collection case (or in limited situations such as the owner's death, incapacity, inability to be served within 180 days, or bankruptcy). At least 30 days before suing to foreclose, the association must notify the owner in writing and electronically of the right to credit counseling and the right to mediation. Owners must be offered a payment plan of at least 18 months, and the association may not foreclose while the owner is complying with it. Up to six months of regular assessments have priority over a first mortgage.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.