Key Takeaways
- A money judgment comes first: for a principal residence, an association generally cannot foreclose until it wins a personal judgment in court (C.R.S. 38-33.3-316(10.5), added by HB24-1337).
- You are owed an 18-month payment plan: foreclosure is barred while you comply (C.R.S. 38-33.3-316.3(2), (3.5)).
- Six months of dues is the threshold: the lien balance must reach six months of assessments, and the board must authorize the filing by recorded vote (C.R.S. 38-33.3-316(11)(a)).
- Fines alone cannot take the house: fines, fees, and interest sit in the lien but are not subject to a CCIOA foreclosure action (C.R.S. 38-33.3-316(1)(a); 209.5(8)(c)).
- 180 days to redeem: the former owner is first in line, from 35 to 180 days after an association lien sale (C.R.S. 38-38-302; 38-38-305.5).
- Metro districts differ: a district cannot foreclose a covenant enforcement lien, but it can certify the charges to the county treasurer (C.R.S. 32-1-1004.5(3)(b)).
If you are behind on HOA dues in Denver, the rules that set your runway were rewritten twice in three years. Colorado added collection limits in 2022. In 2024 it required a money judgment first, capped attorney fees, and created a post-sale redemption right.
Slower is not solved. The balance keeps growing, and a lender or the county treasurer may run a faster clock on the same house. Propcash buys houses directly across Colorado, and this guide follows the statute text.
How Common Are HOAs and Metro Districts in Denver?
Colorado has roughly 11,700 community associations covering about 995,000 housing units and 2,556,000 residents, the seventh largest count of any state (Foundation for Community Association Research, 2024 U.S. National and State Statistical Review). The review reports by state, so no clean Denver-only figure exists.
Subdivisions on the metro edges are close to universally governed, often by an association and a metropolitan district at once. Baker, Five Points, and Berkeley are platted blocks where many houses carry no association, while Capitol Hill is full of condominium declarations. The declaration decides, not the building type.
About 21.6 million of 86.6 million U.S. owner households paid a condo or HOA fee in 2024, at a median of $135 a month (U.S. Census Bureau, September 2025, 2024 American Community Survey). Special assessments sit on top, and they usually push a current account into arrears.
What a Colorado HOA Lien Covers and Where It Ranks
A Colorado association holds a statutory lien for assessments levied and fines imposed, but only the assessment side can be foreclosed. C.R.S. 38-33.3-316(1)(a) says fees, late charges, capped attorney fees, fines, and interest "may be subject to a statutory lien but are not subject to a foreclosure action under this article 33.3."
An installment may join the lien fifteen days after it comes due. Even so, no legal action is allowed until you have missed at least three monthly installments (subsection (1)(b)).
Dollar limits ride on top. Interest cannot exceed eight percent per year (C.R.S. 38-33.3-209.5(8)(a)). Late fees and fines cannot be charged daily, and fines for one non-safety violation may not exceed five hundred dollars (subsection (1.7)(b)).
Do not go looking for a recorded lien. Recording the declaration "constitutes record notice and perfection of the lien," and nothing further is recorded (subsection (4)). An empty search result does not mean your account is clear. The lien lapses only if no enforcement starts within six years.
Colorado's six-month superlien
Part of a Colorado association lien outranks your first mortgage, which is unusual. The lien generally sits behind liens recorded before the declaration, a first security interest recorded before the assessment became delinquent, and tax and governmental liens (subsection (2)(a)).
Then comes the carve-out. The lien is also prior to that first security interest for the assessments that would have come due in the six months immediately preceding a foreclosure action, whoever starts it (subsection (2)(b)(I)). Six months of dues get paid ahead of the bank. The rest stays junior.
Property taxes outrank all of it. If the county bill is behind too, that is the senior clock, running through the treasurer's annual lien sale. See Colorado tax lien sales.
Can a Denver HOA Foreclose on My House?
Yes, but only through a court case, and only after prerequisites Colorado tightened in 2022 and 2024. C.R.S. 38-33.3-316(11)(a) says the lien "may be foreclosed in like manner as a mortgage on real estate," and C.R.S. 38-33.3-209.5(7)(a) calls the result a "judicial foreclosure proceeding." There is no Public Trustee shortcut.
Two conditions sit in the statute before anything is filed. The lien balance must reach six months of common expense assessments under the adopted budget, and the board must resolve by recorded vote to authorize a filing against that specific unit.
That second condition has teeth. The board "may not delegate its duty" to any attorney, insurer, or manager. A case filed without evidence of the vote "must be dismissed," and no costs from it may be charged to the owner.
| Stage | What has to happen | Authority |
|---|---|---|
| First contact | Certified mail, a copy posted at the unit, plus mail, text, or email, in your preferred language | 209.5(1.7)(a)(I) |
| Before collections | A board majority must vote, in a recorded vote, to refer the account out | 209.5(1.7)(a)(II) |
| Payment plan | Written 18-month offer; you pick the monthly amount, at least $25; foreclosure barred while you comply | 209.5(7)(a)(II); 316.3(3.5) |
| Threshold and vote | Six months of assessments in the lien, plus a recorded board vote for that unit | 316(11)(a) |
| Money judgment | A personal judgment in a civil action, for a principal residence or workforce housing unit | 316(10.5), (10.6) |
| 30 days out | Notice of your right to mediate, plus notice to every lienholder of record | 316(10.7) |
Nothing here stops an association from charging interest, sending the file to an attorney, or suing for a money judgment. The limits govern one remedy, foreclosure of the assessment lien.
What HB24-1337 Changed for Colorado HOA Foreclosure
HB24-1337 took effect on August 7, 2024 and applies to debts accrued on or after that date. It amended C.R.S. 38-33.3-123, 209.5, 316, and 316.3, and added redemption rules to Title 38, Article 38. It builds on HB22-1137, the 2022 act behind the notice and fine rules.
| Element | Before HB24-1337 | On and after August 7, 2024 |
|---|---|---|
| Money judgment first | Not required | Required for a principal residence or workforce housing unit (316(10.5), (10.6)) |
| While a plan is current | Had to be offered, no express bar on foreclosing during one | No foreclosure while the owner complies (316.3(3.5)) |
| Attorney fees, no lawsuit | Recoverable without a proceeding, no ceiling | $5,000 or 50% of the money owed, whichever is less (123(1)(a)(II)) |
| Court-awarded fees | Reasonable fees to the prevailing party, no ceiling | $5,000 or 50% of actual costs, whichever is less, absent a willful failure to comply (123(1)(c)(II)) |
| Owner redemption | None for the owner; junior lienors had 8 business days | 35 to 180 days for the former owner, as first priority (38-38-302(4)(a)(II); 38-38-305.5) |
| Mediation and lien notice | Not required before filing | 30 days notice of a mediation right, plus notice to lienholders (316(10.7)) |
| Who may buy at the sale | Board members, management and law firm employees, and family barred | Also the management company and affiliates, looking back five years (316(12)) |
The fee caps change what you actually owe. All three ceilings are indexed for inflation every August 1 since 2025, by the Denver-Aurora-Lakewood consumer price index (C.R.S. 38-33.3-123(1)(g)). The statutory figure is $5,000, so confirm the current indexed amount.
One point is often stated backwards. Bankruptcy is not a bar on foreclosure in this act. A petition covering the association debt is one of the alternatives that excuses the association from getting a money judgment first (subsection (10.5)(d)). Protection comes from the federal automatic stay instead.
The 180-day redemption right after a sale
HB24-1337 created a class of "alternate lienors" for association lien sales and put the former owner first in line. C.R.S. 38-38-305.5(1)(a)(I) ranks the unit owner ahead of a tenant, an affordable housing nonprofit, a community land trust, and the state.
The mechanics are strict. A notice of intent to redeem must reach the officer conducting the sale within thirty days. Redemption then runs from thirty-five to one hundred eighty days after the sale, and costs the sale amount with interest plus the sums article 38 allows. Actual lienholders come first.
Colorado gives a borrower no post-sale redemption in an ordinary Public Trustee foreclosure. There the last window is the pre-sale cure, about fifteen days before the sale (C.R.S. 38-38-104). The 180-day window applies only to a unit association lien. See how to stop foreclosure in Colorado.
The 18-Month Payment Plan and Your Notice Rights
Colorado requires a good-faith effort to set up a plan that clears the deficiency in equal installments over at least eighteen months (C.R.S. 38-33.3-316.3(1)(b) and (2)). HB22-1137 raised that floor from six months, so asking for the plan is not asking for a favor.
The written offer has a defined shape. It must allow monthly installments over eighteen months, and you choose the amount, so long as each is at least twenty-five dollars (C.R.S. 38-33.3-209.5(7)(a)(II)). You may pay the remainder off early.
While you comply, the door stays shut. An association "shall not foreclose a lien created under section 38-33.3-316 if the unit owner is in compliance with the terms of a payment plan required by this section" (subsection (3.5)). Compliance means not missing three installments and staying current on regular assessments.
Notices, in your language, with real consequences
Before acting on a delinquency, the association must contact you and keep a record of it. You may name a designated contact, and you may ask for notices in a language other than English (C.R.S. 38-33.3-209.5(1.7)(a)(I)). State a preference and notices must come in that language.
The notice of delinquency itself is scripted. It must be written in English and in any language you requested, and where assessments are involved it must warn that they may lead to foreclosure (subsection (6)). Three smaller rules help too. You get a monthly itemized list of what you owe, the association may not charge a fee to state your total, and it cannot recover attorney fees incurred before it met those contact rules.
How Metro Districts Differ From HOAs in Denver
A metropolitan district is a unit of local government, not an association, and it bills through the property tax system rather than through dues. Metro districts sit under Title 32 and furnish two or more services, such as streets, water, and parks. Developers often form them to finance subdivision infrastructure with bonds repaid by a mill levy (Colorado Division of Local Government).
Some also act like an HOA. A district may furnish covenant enforcement and design review under C.R.S. 32-1-1004(8), which is how a government board ends up writing you about a fence color.
HB24-1267 put rules around that practice, effective August 7, 2024 and codified at C.R.S. 32-1-1004.5. A district furnishing covenant enforcement had to adopt a written fine policy by January 1, 2025, and may not fine an owner outside it. The policy needs impartial fact-finding, notice of the violation and how to cure it, and a hearing.
| Question | HOA under CCIOA | Metropolitan district |
|---|---|---|
| How you pay | Assessments billed by the association | A mill levy on your property tax bill, plus service fees |
| Can it foreclose? | Yes on assessments, judicially, after the section 316 prerequisites; never on fines alone | Not on a covenant enforcement lien (32-1-1004.5(3)(b)(II)) |
| Other routes | Civil suit and money judgment; small claims up to $7,500 | Certify the delinquency to the county treasurer, collected like taxes |
That last row is the one Denver-area owners miss. By resolution at a public meeting, after notice to the owner, a district may certify delinquent fees, fines, or charges to the county treasurer to be collected in the same manner as taxes (C.R.S. 32-1-1004.5(3)(b)(III)). Once an amount sits on the tax bill, it rides the tax lien sale clock instead. The act also shielded flags, disability accommodations, fire mitigation, rain barrels, and solar devices from district enforcement.
Your Options If You Are Behind on HOA Dues in Denver
Four moves are worth weighing, in this order.
Take the plan, in writing, early
Request the eighteen-month plan and a current itemized statement in writing, before the file reaches an attorney. Once you comply, C.R.S. 38-33.3-316.3(3.5) blocks a foreclosure outright. Because you choose the monthly amount, set it at a number you will actually hit for eighteen straight months.
Dispute charges that should not be there
If the association's fact-finding clears you of a violation, it cannot allocate its own costs or attorney fees to your account (C.R.S. 38-33.3-209.5(3)). An owner may also sue an association that violated foreclosure laws within five years, and recover up to twenty-five thousand dollars plus costs and fees (C.R.S. 38-33.3-316.3(5)).
Sell before the association files
Selling while the account is an accounting problem rather than a court case is usually the cheapest exit. The lien is paid from proceeds, and the fee stack stops growing. The typical Denver house was valued at $533,060 as of July 31, 2026, down 2.7% year over year (Zillow Home Value Index, July 2026). Our Denver housing market guide sets that in context.
Check whether a faster clock is running
If the mortgage is behind too, the lender's timeline controls. Colorado loans use a deed of trust naming the county Public Trustee, and the lender needs only a Rule 120 court order. That is months, against an association path measured in years.
How an HOA Lien Gets Paid at a Denver Closing
An association lien clears the way a mortgage payoff does: the title company requests a figure, it comes off the seller's proceeds, and the buyer takes clear title. C.R.S. 38-33.3-316(8) requires a written statement of unpaid assessments on request to the association's registered agent.
Two details favor sellers. The statement must arrive within fourteen calendar days, and it "is binding on the association, the executive board, and every unit owner." If none is furnished, the association has "no right to assert a lien upon the unit for unpaid assessments" that were due as of the request date.
Colorado does not cap the status letter fee, but it does force disclosure. An association must list every unique and extraordinary fee chargeable on a purchase or sale, including transfer fees and "the charge for a status letter or statement of assessments due" (C.R.S. 38-33.3-317(1)(h.5)). Colorado levies no transfer tax, only a documentary fee of one cent per hundred dollars (C.R.S. 39-13-102).
Where a direct cash sale fits
A cash closing removes the two things most likely to stall a sale out of a community with an open ledger: lender underwriting and repair conditions. Propcash is a direct cash homebuyer, founded in 2026 and based in Nashville, and we buy houses in Denver as-is. Cash sales can close in as few as 7 days, and you pick the date.
The honest version matters more than the pitch. If the house shows well and the balance is small next to your equity, listing may net you more, and Propcash will say so rather than push an offer. If the account has climbed for a year, a direct sale is usually cleaner. When you are ready, get a cash offer on your house or see how Propcash buys houses fast in Denver.
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Let's chatFrequently Asked Questions
Can a Denver HOA foreclose on my house for unpaid dues?
Yes, but only through a court case. C.R.S. 38-33.3-316(11)(a) says the lien is foreclosed in like manner as a mortgage on real estate, and C.R.S. 38-33.3-209.5(7)(a) calls the result a judicial foreclosure proceeding. For a principal residence, the association must also win a personal money judgment first.
How much do you have to owe before a Colorado HOA can foreclose?
The lien balance must equal or exceed six months of common expense assessments under the adopted budget (C.R.S. 38-33.3-316(11)(a)(I)). The board must also authorize the filing against that specific unit by recorded vote, a duty it cannot delegate. A case filed without that vote must be dismissed.
Do HOA fines count toward a Colorado HOA foreclosure?
No. C.R.S. 38-33.3-316(1)(a) says fines, fees, late charges, interest, and capped attorney fees may sit in the statutory lien but are not subject to a CCIOA foreclosure action. C.R.S. 38-33.3-209.5(8)(c) bars foreclosure on a fines-only debt. Those amounts still surface when the house sells.
Does a Colorado HOA lien wipe out my mortgage?
No, but part of it outranks the mortgage. The lien sits behind a first security interest recorded before the assessment became delinquent, and behind tax liens (C.R.S. 38-33.3-316(2)(a)). Subsection (2)(b)(I) then gives the association priority for six months of assessments, the Colorado six-month superlien.
Can you sell a Denver house with an HOA lien on it?
Yes. The lien is a debt tied to the unit, not a bar on transferring it, and it is paid from the seller's proceeds at closing. C.R.S. 38-33.3-316(8) gives the association fourteen calendar days to furnish a binding statement of unpaid assessments. If it never arrives, the association loses that lien right.
Can a Denver metro district foreclose on my house?
Not for covenant enforcement charges. Since HB24-1267 took effect on August 7, 2024, C.R.S. 32-1-1004.5(3)(b)(II) bars a district furnishing covenant enforcement from foreclosing a lien arising from a covenant violation. The board may instead certify the delinquency to the county treasurer, collected like property taxes.
How long do I have to redeem after a Colorado HOA foreclosure sale?
As late as 180 days, if the paperwork is filed in time. HB24-1337 made the former owner the first priority alternate lienor (C.R.S. 38-38-305.5(1)(a)(I)), and C.R.S. 38-38-302(4)(a)(II)(B) allows redemption from 35 to 180 days after the sale. Notice of intent to redeem is due within 30 days.
Data Sources: C.R.S. 38-33.3-316; 316.3; 209.5; 123; 317; HB24-1337; HB22-1137; HB24-1267; Colorado Division of Local Government; FCAR 2024 Statistical Review; U.S. Census Bureau; Zillow ZHVI. Propcash is a direct cash homebuyer, not a law firm. Consult a Colorado attorney.