A History of Colorado HOAs

HOAs as we known them today began in the 1940s in Levittown, a 4,000-acre area of land in Long Island, New York. The goal of Levittown was to provide housing for returning WWII veterans struggling to find housing. In 1948, Colorado formed the Mile High Housing Association to create the state’s first single-family housing cooperative.

By the 1960s and 1970s, HOAs had become standard features of condominium and planned unit developments (PUDs) across the country. This growth was in great part due to the Federal Housing Administration approving mortgage insurance only for homes and condominiums in communities managed by HOAS beginning in 1963.

In 1992, Colorado took a significant step by enacting the Colorado Common Interest Ownership Act (CCIOA), codified at C.R.S. § 38-33.3-101 et seq. CCIOA created a legal framework for the creation and management of common interest communities statewide. It set minimum standards for governance, financial management, owner rights, and association powers. Critically, CCIOA’s protections for homeowners generally cannot be waived or overridden by a community’s private governing documents, making it the bedrock of HOA law in Colorado.

What Is An HOA?

A homeowners’ association is a private organization that governs a residential community. The HOA’s governing documents form the legal foundation of every HOA and typically consist of three core instruments:

• The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) — this is the primary document and it is recorded with the county. A CC&R is recorded against the land which means it is attached to the land permanently and not attached to the owner. It defines the community’s rules, the rights and obligations of homeowners, assessment authority, use restrictions, and the association’s enforcement powers. Because it is recorded, it binds all current and future owners.
• The Bylaws — govern the internal operations of the HOA as an organization. They help establish the guidelines in an HOA, which includes board elections, quorum requirements, the procedures of voting, and an officer’s duties.
• The Articles of Incorporation — Brings the HOA's authority into existence. They identify the association’s name, agency, purpose, and foundational details. The articles are filed with the Colorado Secretary of State and give the HOA legal standing to contract, sue, and be sued.

What Does HOA Representation Involve?

Legal representation in the HOA context covers a broad range of matters — on both sides of the relationship. When an attorney represents the HOA itself, they will advise the board members, draft documents, ensure CCIOA compliance, and act as defense during litigation. For individual homeowner representation, the attorney ensures that the HOA has followed the bylaws. This prevents the resident from overreaching.

Circumstances That May Require Legal Attention

HOA disputes may bring financial and legal consequences. Some of the most frequently encountered issues include the following:

Assessment and Dues Dispute: HOAs are authorized to collect regular and special dues from its members. Disputes can arise when members fall behind on dues or believe collection procedures were not followed properly. In Colorado, an HOA may even place a lien on a property—and in some cases foreclose—for unpaid assessments.

Covenant and Rule Enforcement: CC&Rs govern everything from fence heights and paint colors to short-term rentals and landscaping. As every homeowner knows, these regulations can be a blessing when done effectively and a curse when done arbitrarily.

Roadway, Easement, and Boundary Disputes: Many HOA conflicts involve access rights, shared driveways, easements, and property boundaries. These types of issues require careful review of applicable Colorado law and the specific recorded documents at issue.

Governance/Board Disputes: Homeowners sometimes challenge board decisions including election procedures, bylaws, or the board’s authority to take certain actions. Proper governance under CCIOA is essential to avoiding such timely and costly disputes.

Zoning and Use Violations: These types of disputes are often over the permitted use of a property. For example, whether a home can be used for a business, and Airbnb, or have major construction projects.

Why Legal Representation Matters

HOA law sits at the intersection of property rights, contract law, and community governance. This means the rules can be complex. Governing documents vary widely from community to community, and Colorado’s CCIOA imposes specific procedural requirements that must be followed.

We are Experienced in HOA Representation

At Flanders, Elsberg, Herber & Dunn, LLC, our attorneys have experience representing HOAs. We understand that HOA matters can have significant financial and legal consequences for everyone involved. If your HOA is facing a legal challenge or you simply need experienced counsel to get ahead of potential issues, we invite you to reach out.