52Editions

Colorado HOA Violation Notice

Fill in the highlighted fields to create a Colorado HOA violation notice by certified mail that gives the owner the thirty-day cure period the statute requires. Click any field to type your details, then copy the letter or download it as a Word file. There is no sign-up and no charge.

[Date]

SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Owner Name]
[Owner Address]

Re: Notice of violation, [Property Address]

Dear [Owner Name],

The association has reasonably determined that [Description of Violation] at the property above violates [Governing Document Citation].

To cure the violation, please [Required Action] by [Cure Date], which is thirty days from the date of this notice. If the violation is not cured and an inspection confirms it, the association may fine you. The total fines for this violation may not exceed $500, and the association may not foreclose based on fines alone.

If you correct the violation, please tell us in writing at [Association Contact] and attach photographs showing the correction. If you send visual evidence, the violation is deemed cured on the date you send your notice. Otherwise the association will inspect as soon as practicable.

Before the association may take legal action, you will be given two consecutive thirty-day periods to cure. The association's fine policy and hearing procedure are available at [Policy Location].

This notice is provided in English and in [Preferred Language, if the owner has requested one].

Sincerely,

[Sender Name]
[Sender Title]
[Association Name]

What this letter does

A Colorado violation notice gives an owner written notice of a covenant violation and a defined period to fix it before fines or legal action. C.R.S. section 38-33.3-209.5 sets what the association must send, how, and what it may do afterward. Colorado also requires an association to adopt and follow written policies for enforcement, so the notice should match the policy.

Key rules in section 209.5

  • Ordinary violations. The association must send written notice by certified mail, return receipt requested, in English and in any language the owner has chosen. The notice tells the owner they have thirty days to cure or the association may fine them after inspecting and finding no cure. The total fines for the violation may not exceed $500.
  • Two cure periods. The association must give the owner two consecutive thirty-day periods to cure before taking legal action. If one thirty-day period has passed without a cure, a second begins. If two have passed, the association may take legal action.
  • Health and safety violations. If the association reasonably determines a violation threatens public safety or health, the notice must tell the owner they have seventy-two hours to cure. After an inspection finding no cure, fines may be imposed every other day and legal action may be taken, but foreclosure may not be pursued based on fines owed.
  • No daily late fees or fines. An association may not impose late fees or fines for covenant violations on a daily basis, except as the safety rule allows.
  • Owner's notice of cure. The owner may notify the association of the cure. With visual evidence, the violation is deemed cured on the date the owner sends the notice. Without it, the association inspects as soon as practicable. If no notice arrives, the association must inspect within seven days after the thirty-day period ends.
  • After a cure. The association must notify the owner that they will not be fined further for that violation and state any outstanding fine balance.

Fines need a written policy

Section 209.5(2) says an association may not fine an owner unless it has adopted and follows a written fine policy. The policy must include a fair and impartial fact-finding process that guarantees notice and an opportunity to be heard before an impartial decision maker. It must also require notice of the violation, the action needed to cure and the fact-finding timeline, and set the interval at which fines for continuing violations may be levied. If the process finds the owner is not responsible, the association may not charge its costs or attorney fees to the owner's account.

Fines and foreclosure

Section 209.5(8)(c) says an association may not foreclose an assessment lien if the debt consists only of fines, or only of collection costs and attorney fees associated with those fines.

Related letters

Use the HOA violation letter for the general escalation ladder and the fine letter once a fine has been properly levied. If an assessment balance is involved, see the Colorado notice of delinquency.

Statutes change, so confirm the current text of section 38-33.3-209.5 on the Colorado General Assembly's website.

Common questions

How long does a Colorado owner have to cure a violation?

Thirty days after the notice, with a second consecutive thirty days before the association may take legal action. A violation that threatens public safety or health carries a seventy-two-hour notice.

Is there a cap on Colorado HOA fines?

For ordinary violations, the total fines imposed for the violation may not exceed $500 under section 209.5(1.7)(b)(III)(A).

Can a Colorado HOA foreclose over fines?

No. Section 209.5(8)(c) bars foreclosure when the lien debt consists only of fines or collection costs tied to fines.

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