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Colorado HOA Special Assessment Rules (2026)

C.R.S. § 38-33.3-315 (Colorado Common Interest Ownership Act — CCIOA) · Last reviewed 2026

A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how Colorado HOAs may levy special assessments and what rights homeowners have.

Key facts at a glance

Board Authority

Can levy without member vote

Board may levy special assessments as authorized by the declaration. CCIOA does not impose a statewide dollar cap — the declaration and bylaws set thresholds.

Member Vote

Not required by statute

Trigger: Only if the declaration or bylaws require a member vote for assessments above a specified threshold

Notice Required

10 days

Advance written notice to members before assessment levy

Emergency Exception

Available

Emergency assessments may be levied for imminent threats to common property or safety without waiting for standard notice periods.

Key rules in Colorado
  • Board authority to levy special assessments is defined in the declaration
  • CCIOA does not set a statewide cap — governing documents control
  • 10-day advance written notice to unit owners is standard
  • Emergency assessments may be levied without standard notice
  • Colorado Division of Real Estate oversees HOA complaints
Homeowner rights & dispute options

Colorado HOA owners may use the HOA Information and Resource Center for guidance. Formal disputes may be filed with the Colorado Division of Real Estate.

Lender & financing impact

Pending special assessments must be disclosed in the resale disclosure certificate. FHA and Fannie Mae review assessment-to-value ratios during loan approval.

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This page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.