Jerry Orten, Orten Cavanagh & Holmes, LLC

Required Under State Statutes

Most Colorado HOAs or owner associations (including condominium associations) are required to have ten written policies – nine of which are mandated by CCIOA plus one additional policy required under Colorado consumer protection and cybersecurity statutes.  The nine policies required under CCIOA are on the following topics: 

  1. CollectionsGovernance Policies book
  2. Conflicts of Interest
  3. Conduct of Meetings
  4. Enforcement of Covenants and Rules
  5. Records Inspection and Copying
  6. Investment of Reserves
  7. Adoption of Policies
  8. Disputes between the Association and Unit Owners
  9. Reserve Studies/Reserve Funding

    The additional policy pertains to “personal identifying information” (as defined under Colorado statutes) of owners and residents and is required under C.R.S. § 6-1-102(6) and C.R.S. § 6-1-713:

  10. Policy on protecting owner and resident personal identifying information and the destruction of that information

How to comply

Adopt and maintain the required policies.  Update, revise and simplify these policies from time to time and as needed. 

Why has the state required these policies of most HOAs

The required polices are intended to result in better governance of HOAs, with transparency of the HOA’s policies to the members and the protection of owner personal identifying information.

Required Governance Policies – Enforcement and Compliance 

The statutes that established requirements for the nine policies under CCIOA can be enforced by owners.  Enforcement of CCIOA provisions is similar to enforcement of declarations.  An owner or HOA that successfully pursues enforcement through the courts may claim attorney fees under CCIOA.  A claim for attorney fees may also be available under the governing documents. 

Although there is currently no express enforcement authority granted to the HOA Information and Resource Center (a division of DORA) or the HOA Information Officer to enforce these requirements, the HOA Information Officer is authorized to request records from associations as the Officer determines necessary to carry out the duties of that Officer.

The Colorado Attorney General’s office oversees compliance and enforcement of the Colorado consumer protection statutes.

Orten Cavanagh & Holmes, LLC
Copyright © 2019 Orten Cavanagh & Holmes, LLC.
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Denver

1445 Market Street, Suite 350
Denver, CO 80202
Main: 720-221-9780
Fax: 720-221-9781

Colorado Springs

14 N. Sierra Madre Street, Suite A-1
Colorado Springs, CO 80903
Main: 719-457-8420
Fax: 719-457-8419

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