The proposed bill, HB25-1043, introduces several measures to enhance transparency and fairness in the enforcement actions of Homeowners' Associations (HOAs) in Colorado. Key provisions include:
Compliance Requirements:
Before initiating enforcement actions to recover money owed and related collection costs, an HOA must ensure compliance with state laws and its own governing documents, including declarations, bylaws, articles, and rules and regulations.
Notice of Deficiency:
The HOA's written policy for collecting unpaid assessments must require that the notice of deficiency sent to a unit owner includes:
An advisement that the unit owner may request a copy of the HOA's ledger verifying the amount owed, which must be provided within 7 business days of the request.
Information that free resources related to the HOA's collection of assessments and its ability to foreclose are available online through the HOA Information and Resource Center.
Credit Counseling Notification:
Prior to initiating a legal action to foreclose an HOA lien, the HOA must send written and electronic notices to the unit owner stating that the unit owner has the right to participate in credit counseling at their own expense to understand the consequences of foreclosure. Information about credit counseling services must be available on the HOA Information and Resource Center's website.
Annual Reporting:
As part of the annual registration with the Director of the Division of Real Estate, the HOA must submit information concerning:
The number of unit owners who were, at any time during the preceding 12-month period, 3 or more or 6 or more calendar months delinquent in the payment of assessments.
The number of judgments obtained against unit owners.
The number of payment plans entered into with unit owners.
The number of foreclosure actions filed by the HOA.
Minimum Bid Requirement for Foreclosure Sales:
If an HOA forecloses an HOA priority lien against a unit owner's home and the unit is sold at a sheriff's auction, the HOA must make a minimum bid for the unit that is not less than 80% of the fair market value of the unit, as determined by an independent appraisal or other methods described in the bill.
Summary
Prior to taking enforcement actions to recover money owed to a
unit owners' association (HOA) and related collection costs, the bill requires the HOA to be in compliance with HOA law and the HOA's declaration, bylaws, articles, and rules and regulations.
An HOA's written policy concerning the collection of unpaid
assessments must require the notice of deficiency sent to a unit owner to include:
•
An advisement that the unit owner may request a copy of the HOA's ledger verifying the amount owed, which copy of the ledger shall be sent to the unit owner no later than 7 business days after the request; and
•
An advisement that free information relating to the HOA's collection of assessments and its ability to foreclose and force the sale of a unit is available online through the HOA information and resource center.
The bill requires the division of real estate in the department of
regulatory agencies (division) to present data to certain committees of the general assembly concerning the number of requests the HOA information and resource center receives annually concerning credit counseling, the collection of assessments, or foreclosure actions.
Before initiating a legal action to foreclose an HOA lien, the HOA
must send written and electronic notices to the unit owner stating that the unit owner has the right to participate in credit counseling at the unit owner's expense in order to understand the consequences of foreclosure and that information about credit counseling may be found on the HOA information and resource center's website.
As part of an HOA's annual registration with the director of the
division, the HOA shall submit information concerning:
•
The number of unit owners that were, at any time during the preceding 12-month period, 3 or more or 6 or more calendar months delinquent in the payment of an annual assessment or special assessment;
•
The number of judgments obtained against unit owners;
•
The number of payment plans entered into with unit owners; and
•
The number of foreclosure actions filed by the HOA.
If an HOA forecloses an HOA priority lien against a unit owner's
home (unit) in an HOA-governed community, and the unit is sold at a sheriff's auction, the bill requires the HOA to make a minimum bid for the unit that is not less than 80% of the fair market value of the unit, as determined by an independent appraisal or other methods described in the bill. The bill amends the foreclosure sale statute to conform to the minimum bid requirement required in the bill.
