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New Restrictions, Requirements on HOA’s Debt Collection Practices Start January 1, 2014

By Kyle R. Blackmer on December 9, 2013

Beginning January 1, 2014, Colorado homeowners’ associations (“HOAs”) face new requirements to collect unpaid assessments, dues, and other debts from homeowners. 

House Bill 13-1276 (“HB 13-1276”), which was approved May 28, 2013 and which amended the Colorado Common Interest Ownership Act (“CCIOA”), requires that in order for an HOA to use a debt collection agency or take legal action to collect unpaid assessments from homeowners, the HOA must adopt and adhere to a written debt collections policy.  This policy must contain certain provisions, including that before an HOA can submit a homeowner’s delinquent account to a collection agency or refer it to an attorney for legal action, the HOA is obligated to send the homeowner a notice of delinquency delineating specific information. 

CCIOA will also require two things before an HOA can foreclose on a lien.  First, the balance of assessments and charges secured by the lien must equal at least six months of common expense assessments based on a periodic budget adopted by the HOA. Second, the HOA board must formally resolve to file a legal action against the specific unit owner on an individual basis.

As for collecting the debt, the HOA must make a good faith effort to coordinate with the unit owner to set up a payment plan that meets the statutory prescriptions of C.R.S. § 38-33.3-316.3.  Among other things, such a plan must allow a unit owner to pay off the debt in equal installments over at least six months.  Importantly, however, an HOA will not be precluded from pursuing legal action against a unit owner if the unit owner defaults under the payment plan. Additionally, the HOA does not need to negotiate another payment plan with a unit owner who has previously entered into a payment plan under the statute.

  • Posted in:
    Real Estate & Construction
  • Blog:
    Rocky Mountain Real Estate Law
  • Organization:
    Otten Johnson Robinson Neff + Ragonetti PC
  • Article: View Original Source

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