Colorado § 38-33.3-401 - Registration - annual fees - data collection and enforcement actions.

§ 38-33.3-401. Registration - annual fees - data collection and enforcement actions.

(1) Every unit owners' association shall register annually with the director of the division of real estate, in the form and manner specified by the director.

(2) (a) Except as otherwise provided in subsection (2)(b) of this section, the unit owners' association shall submit with its annual registration a fee in the amount set by the director in accordance with section 12-10-215 and shall include the following information, updated within ninety days after any change:

(I) The name of the association, as shown in the Colorado secretary of state's records;

(II) The name of the association's management company, managing agent, or designated agent, which may be the association's registered agent, as shown in the Colorado secretary of state's records, or any other agent that the executive board has designated for purposes of registration under this section;

(III) The physical address of the HOA;

(IV) A valid address; email address, if any; website, if any; and telephone number for the association or its management company, managing agent, or designated agent; and

(V) The number of units in the association.

(b) A unit owners' association is exempt from the fee, but not the registration requirement, if the association:

(I) Has annual revenues of five thousand dollars or less; or

(II) Is not authorized to make assessments and does not have revenue.

(3) A registration is valid for one year. The right of an association that fails to register, or whose annual registration has expired, to impose or enforce a lien for assessments under section 38-33.3-316 or to pursue an action or employ an enforcement mechanism otherwise available to it under section 38-33.3-123 is suspended until the association is validly registered pursuant to this section. A lien for assessments previously recorded during a period in which the association was validly registered or before registration was required pursuant to this section is not extinguished by a lapse in the association's registration, but a pending enforcement proceeding related to the lien is suspended, and an applicable time limit is tolled, until the association is validly registered pursuant to this section. An association's registration in compliance with this section revives a previously suspended right without penalty to the association.

(3.2) As part of an association's annual registration, the association shall submit the following information to the director of the division of real estate, in the form and manner determined by the director of the division of real estate:

(a) For the twelve-month period immediately preceding the association's annual registration, the number of unit owners that were, at any time during the twelve-month period, six or more calendar months delinquent in the payment of an annual assessment or special assessment;

(b) For the twelve-month period immediately preceding the association's annual registration, for unpaid annual assessments or special assessments or related fees or attorney fees:

(I) The number of unit owners against which the association or its designee obtained a judgment;

(II) The number of payment plans entered into between the association and a unit owner pursuant to section 38-33.3-316.3; and

(III) The number of foreclosure actions filed against unit owners pursuant to section 38-33.3-316; and

(c) Any other information specified by the director of the division of real estate relating to the collection of assessments and the foreclosure of the association's liens.

(4) (a) A registration is valid upon the division of real estate's acceptance of the information required by paragraph (a) of subsection (2) of this section and the payment of applicable fees.

(b) An association's registration number, and an electronic or paper confirmation issued by the division of real estate, are prima facie evidence of valid registration.

(c) The director of the division of real estate's final determinations concerning the validity or timeliness of registrations under this section are subject to judicial review pursuant to section 24-4-106 (11), C.R.S.; except that the court shall not find a registration invalid based solely on technical or typographical errors.

Source: L. 2010: Entire part added, (HB 10-1278), ch. 365, p. 1723, § 5, effective January 1, 2011. L. 2013: Entire section amended, (HB 13-1134), ch. 198, p. 807, § 3, effective August 7. L. 2019: IP(2)(a) amended, (HB 19-1172), ch. 136, p. 1723, § 234, effective October 1. L. 2025: (3.2) added, (HB 25-1043), ch. 433, p. 2502, § 5, effective October 1.