Colorado HOA compliance, enforced as code

Decision body — the board

Enforcement must follow the association's written policy with fair and impartial fact-finding, notice, and an opportunity to be heard; the board (or its designated impartial decision maker) records the decision. C.R.S. § 38-33.3-209.5

In CommonGround: CommonGround routes the fine decision to the board and requires the recorded decision before any fine is assessed.

Notice, opportunity to be heard, and a recorded decision

A fine requires notice, fair and impartial fact-finding, and an opportunity to be heard before it may be imposed. C.R.S. § 38-33.3-209.5

In CommonGround: The workflow has no path around it: the notice must be sent, the opportunity to be heard must be offered, and the decision must be recorded — in that order — before a fine can exist.

Violation-notice delivery method

Ordinary-violation notice must be sent by certified mail. C.R.S. § 38-33.3-209.5

In CommonGround: The send step offers only the statutory methods (certified mail) and files the delivery proof with the violation record.

Cure period — 30 days

The owner receives a 30-day cure period for ordinary violations. No fine may be imposed before the cure period ends; cure (visual evidence or inspection) bars the fine. C.R.S. § 38-33.3-209.5 (HB22-1137)

In CommonGround: The 30-day cure clock starts with the notice. No fine can be recorded before it runs out, and a logged cure closes the case.

Cure is a complete defense

A violation cured within the cure period (owner visual evidence, or association inspection) may not be fined. C.R.S. § 38-33.3-209.5 (HB22-1137)

In CommonGround: A logged cure before the deadline dismisses the fine automatically — the statute makes cure a defense, and the workflow honors it without a board action.

Aggregate fine cap — $500

If the ordinary violation is not cured, total fines for the violation are capped at $500. C.R.S. § 38-33.3-209.5 (HB22-1137)

In CommonGround: The running total is enforced as it accrues: the fine stops at $500 no matter how long the violation continues.

No daily fine accrual

No daily fines for ordinary violations; recurring fine accrual exists only on the health/safety pathway, where fines may accrue every other day after a 72-hour cure period. C.R.S. § 38-33.3-209.5 (HB22-1137)

In CommonGround: Per-day accrual is disabled outright for this rule set — only single fines can be entered.

Adopted fine schedule / policy required

Associations must adopt and follow written policies for enforcement and fines before imposing a fine; the association's written fine policy is required before generating a fine. C.R.S. § 38-33.3-209.5

In CommonGround: No fine can be generated without the adopted fine policy or schedule on file — CommonGround checks for the artifact before the workflow opens.

How fines may be collected

Fines and fine-related charges may not be used as the basis for foreclosure. Colorado distinguishes lienability from foreclosure eligibility: charges may lien, but fine-based foreclosure is barred. C.R.S. §§ 38-33.3-209.5, -316, -316.3 (HB22-1137)

• Fine-only balances can never be foreclosed

In CommonGround: Every collection step for fine-type charges is validated against these restrictions — the prohibited paths are refused, with the statute cited.

Colorado protected-use categories: enforcement attempts should be blocked or routed for counsel review; override requires recorded attestation. C.R.S. §§ 38-33.3-106.5 to -106.8 and 2023–2026 session laws

• Energy efficiency measure — Energy efficiency measures protected. C.R.S. § 38-33.3-106.7
• EV charging system — EV charging systems protected. C.R.S. § 38-33.3-106.8
• Fire hardened materials — Fire-hardened building materials protected. HB24-1091
• Accessory dwelling unit — Accessory dwelling units protected. HB24-1152
• Waterwise landscaping — Waterwise landscaping, vegetable gardens, and nonvegetative turf protections. SB23-178 / HB25-1113
• Portable solar — Portable-scale solar protections. HB26-1007

In CommonGround: Violation intake screens every new case against Colorado's protected categories and flags the citation before a notice ever goes out.