In Colorado, most homeowners’ associations (“HOAs”) are required to register and renew with the Colorado Division of Real Estate on an annual basis. This includes Property Owners’ Associations (“POAs”), Condominiums, Planned Communities, Cooperatives, and road associations. The registration requirement is defined in the Colorado Common Interest Ownership Act (“CCIOA”), at section 38-33.3-401, C.R.S.
Some HOAs, such as those identified in the infographic below, are not required to register, even though it may still be beneficial to register. Registration with the Division of Real Estate helps the Division track critical information regarding unit owner compliance with assessment obligations and association enforcement activities. This information, in turn, is used by Colorado lawmakers to consider new policy and amendments to existing laws.
Another reason to register is that, for some associations, including most pre-CCIOA limited expense planned communities, registration is free. Those communities which (1) have annual revenue of less than five thousand dollars or (2) are not authorized to make assessments and have no revenue are not required to pay a fee. The registration process is simple. Board members and community managers can register their associations by visiting the Center’s Registration Services Help Page.
In considering the various types of HOA communities in Colorado and whether an HOA should register, the HOA Information and Resource Center has provided a helpful decision tree for board members and Community Association Managers to use when discussing these issues with legal counsel:
HOA Type Legal Authority Required to Register
In addition, board members and Community Association Managers should consider using the beginning of each calendar year as an opportunity to review and ensure that the contact information for the association’s registration is current. This is essential because the HOA Center will issue renewal notices by email approximately one (1) month before the registration expiration each year. If contact information is invalid, the association will not receive these important notifications.
For unit owners and members of the public, registration information is public information. You may look up an association’s registration information. To do so, search the Division's registration database: Division of Real Estate Licensee Lookup (use the "Business Name/DBA" search field). If you determine that any information is inaccurate, you can address the inconsistency with the board or the Community Association Manager, if the association has one. The association’s Designated Agent can update this information at any time, free of charge.
Please note that the HOA Information and Resource Center is unable to assist consumers in determining what type of community they reside in or provide legal advice. Therefore, if you have questions about whether your association needs to register or questions pertaining to the impact of failing to register, the HOA Center encourages you to consult with your legal counsel.
On behalf of the HOA Center Information & Resource Center and the Division of Real Estate, thank you for reviewing this important HOA advisory.