52Editions

Colorado HOA Payment Plan Request Letter

Fill in the highlighted fields to ask your Colorado HOA for a written repayment plan on a delinquent balance. Send it by certified mail and email so there is a record of the date. Type your details into the highlighted fields, then copy the letter or download it as a Word file at no cost.

[Date]

SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND BY EMAIL

[Association Name]
Attn: [Association Contact]
[Association Address]

Re: Request for repayment plan, [Property Address]

Dear [Association Contact],

I received the association's notice of delinquency dated [Notice Date] stating that I owe $[Total Amount Due]. I want to resolve this balance and am requesting a written offer of a repayment plan under C.R.S. Section 38-33.3-316.3 and Section 38-33.3-209.5(7).

I understand the plan may allow me to repay the debt in monthly installments over eighteen months, with the monthly amount of my choosing, so long as each payment is at least $25 until the balance is below $25. I propose payments of $[Monthly Payment Amount] on the [Payment Day] of each month, beginning [Start Date].

Please send me the written plan terms and a copy of my ledger so I can verify the balance. I can be reached at [Owner Phone] or [Owner Email].

Sincerely,

[Owner Name]
[Owner Address]

What this letter does

A repayment plan request asks the association to put in writing the plan Colorado law requires it to offer before it files a judicial foreclosure over assessments. Under C.R.S. section 38-33.3-209.5(7)(a), an association may not start a judicial foreclosure based on a delinquency in paying assessments unless it has complied with the delinquency requirements and given the owner a written offer to enter a repayment plan.

What the statute says about the plan

  • Length and amounts. The plan authorizes repayment in monthly installments over eighteen months. The owner chooses the amount each month, as long as each payment is at least $25 until the remaining balance is below $25.
  • Acceptance window. The association may proceed only if the owner failed to accept the plan within thirty days after the written offer, or accepted it and then failed to pay at least three of the monthly installments within fifteen days after they were due.
  • Early payoff. An owner on a plan may elect to pay the remaining balance at any time.
  • What the notice must mention. The notice of delinquency must say whether the opportunity to enter a payment plan exists under section 316.3 and how to contact the association to do so.

The details of section 316.3 beyond these points are not summarized here, so check its text for further terms.

How to use the letter

  1. Reply in writing soon after the notice arrives, and keep proof of sending.
  2. Ask for the ledger. The association must provide it within seven business days of the request.
  3. Propose an amount you can keep paying. Missing three installments by more than fifteen days can end the protection the plan gives.
  4. Keep paying current assessments as they come due, so a new balance does not build up.

Related letters

The association's side of this exchange is the Colorado notice of delinquency. If you cannot pay at all, send a hardship letter. If the numbers look wrong, send a dispute letter.

Statutes change, so confirm the current text of sections 38-33.3-209.5 and 316.3 on the Colorado General Assembly's website. The HOA late fee letter and fee waiver letter cover the charges a plan often addresses, and the sample payment agreement request is a general version for other states.

Common questions

How long can a Colorado repayment plan last?

The plan described in section 209.5(7) allows repayment in monthly installments over eighteen months.

What is the smallest monthly payment?

At least $25 until the balance is below $25, with the owner choosing the amount.

When can the HOA move toward foreclosure despite a plan?

If the owner does not accept the offered plan within thirty days, or accepts and then fails to pay at least three installments within fifteen days of their due dates.

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.