Colorado • Special assessment notice
Special assessment from your Colorado HOA — what does CCIOA actually let them do?
Colorado's Common Interest Ownership Act gives boards broad assessment power but hands owners one real lever — a budget veto — that most don't know they have. With hail and wildfire reshaping insurance and no reserve mandate, Colorado assessments are rising, so it's worth knowing exactly what CCIOA allows.
The short answer
Under Colorado's CCIOA, the board can levy a special assessment unless your declaration sets a higher bar — but owners holding a majority of votes can veto the annual budget (§ 38-33.3-209.2). Colorado also has a true six-month super-lien. CondoSignal reads your notice and resale certificate against CCIOA to tell you whether it's normal. Free.Colorado at a glance
Owner vote required?
Per declaration
Board may levy unless the declaration sets a higher bar (§ 302).
Budget veto
Majority of owners
Owners can reject the annual budget (§ 209.2).
Reserves required
No
Low reserves signal future specials.
Super-lien
6 months
Priority over the first mortgage (§ 316).
Resale certificate
14 days
Must disclose approved special assessments.
Board power and the budget veto
CCIOA § 38-33.3-302 gives the board authority to levy regular and special assessments for common expenses. Regular assessments come through the annual budget, which the board must send to owners and present at a meeting — and owners holding a majority of all votes can veto it (§ 38-33.3-209.2). Special assessments for unbudgeted or emergency costs can be imposed by the board unless the declaration forbids them or requires an owner vote, and there's no statutory cap on increases.
No reserves, high-hazard insurance
Colorado mandates no reserve study or funding, so major capital work often comes through special assessments. Insurance is the accelerant: the state's 2026 threat assessment attributes a large share of premium to hail and wildfire, and master deductibles now commonly run 2–5% or higher. When a deductible that size meets a hail claim, the gap frequently becomes an owner assessment.
The six-month super-lien
Unlike most states, Colorado gives the association a true super-lien: six months of regular assessments take priority over the first mortgage (§ 38-33.3-316). Foreclosure is judicial only. That stronger collection position is good for the association's finances, but it also means delinquency and lien activity are meaningful signals — and the resale certificate, due within 14 days of request, must disclose approved special assessments.
Your rights in Colorado
As a Colorado owner you have a statutory right to veto the annual budget if a majority of owners object (§ 38-33.3-209.2), to a resale certificate within 14 days of request disclosing approved specials, and to judicial process (with a two-year redemption period on a primary residence) before any foreclosure. None of this is legal advice — confirm against the current CCIOA text and Colorado counsel.
What to check
- Check whether the assessment came through the budget — and whether an owner veto was possible.
- Read the declaration for any owner-vote requirement on special assessments.
- Pull the resale certificate for approved-but-unlevied specials.
- Review the master-policy hail/wind deductible and how it's allocated.
- Ask whether reserves exist for the repair being funded.
- Confirm proper meeting notice and minutes for the assessment.
Sources
- C.R.S. § 38-33.3-302 — board powers incl. assessments(High)
- C.R.S. § 38-33.3-316 — liens; 6-month super-lien; resale certificate(High)
- Colorado Division of Insurance — 2026 homeowners threat assessment(Medium-High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a Colorado-licensed professional.
FAQ
Frequently asked questions
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