Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-33.3-123 (2026)

Enforcement - limitation

✓ current as of July 2026
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(1) (a) If a unit owner fails to timely pay assessments or any money owed to the association, the association may require, without the necessity of commencing a legal proceeding, reimbursement for the following, in addition to the assessments or owed money:

(I) Actual collection costs of the unpaid assessments;

(II) Reasonable attorney fees incurred as a result of the failure to pay; except that the association is not entitled to reimbursement for attorney fees that exceed five thousand dollars or fifty percent of the assessments and any money owed to the association as described in the introductory portion of this subsection (1)(a), whichever is less; and

(III) Other actual costs incurred as a result of the failure to pay.

(b) For any failure to comply with this article 33.3 or the declaration, bylaws, articles, or rules and regulations, other than the payment of assessments owed to the association, the association, any unit owner, or any class of unit owners adversely affected by the failure to comply may seek, without the necessity of commencing a legal proceeding, reimbursement for:

(I) Actual collection costs incurred as a result of the failure to comply; and

(II) Reasonable attorney fees and costs incurred as a result of the failure to comply; except that the association is not entitled to reimbursement for attorney fees that exceed five thousand dollars or fifty percent of the actual costs the association or unit owner incurred as a result of the failure to comply, whichever is less.

(c) (I) In any civil action to enforce or defend this article 33.3 or the declaration, bylaws, articles, or rules and regulations, the court shall award reasonable attorney fees, actual costs, and actual costs of collection to the prevailing party, except as provided in subsection (1)(c)(II) of this section.

(II) In connection with any civil action described in subsection (1)(c)(I) of this section to collect money owed to an association from a unit owner, the court shall not award attorney fees to the association in an amount in excess of five thousand dollars or fifty percent of the actual costs the association incurred as a result of the failure to comply with this article 33.3 or with the declaration, bylaws, articles, or rules and regulations, whichever is less; except that the court may award attorney fees in excess of the limitations, based on the court's discretion, if the court finds that the unit owner was financially, physically, and reasonably able to comply with the declaration, bylaws, articles, or rules and regulations but willfully failed to comply.

(d) Notwithstanding paragraph (c) of this subsection (1), in connection with any claim in which a unit owner is alleged to have violated a provision of this article or of the declaration, bylaws, articles, or rules and regulations of the association and in which the court finds that the unit owner prevailed because the unit owner did not commit the alleged violation:

(I) The court shall award the unit owner reasonable attorney fees and costs incurred in asserting or defending the claim; and

(II) The court shall not award costs or attorney fees to the association. In addition, the association shall be precluded from allocating to the unit owner's account with the association any of the association's costs or attorney fees incurred in asserting or defending the claim.

(e) A unit owner shall not be deemed to have confessed judgment to attorney fees or collection costs.

(f) In determining reasonable attorney fees pursuant to this subsection (1) relating to an association's foreclosure of a lien against a unit owner for unpaid assessments, the court shall give consideration to all relevant factors, including:

(I) The amount of the unpaid assessments;

(II) Whether the amount of the attorney fees requested exceeds the amount of the unpaid assessments;

(III) Whether the amount of time spent or fees incurred by the attorney are disproportionate to the needs of the case, considering the complexity of the case or the efforts required to obtain the unpaid assessments;

(IV) Whether the foreclosure action was contested or required the association to respond to unmeritorious defenses; and

(V) Other factors typically considered in determining an award of attorney fees.

(g) The limitations on attorney fees in subsections (1)(a)(II), (1)(b)(II), and (1)(c)(II) of this section are adjusted for inflation on August 1, 2025, and each year thereafter. Inflation is measured by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers.

(2) Notwithstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained. Source: L. 91: Entire article added, p. 1714, § 1, effective July 1, 1992. L. 96: Entire section amended, p. 1087, § 1, effective May 23. L. 2005: (1) amended, p. 1376, § 5, effective January 1, 2006. L. 2006: (1)(c) amended, p. 1217, § 4, effective May 26. L. 2024: (1)(a), (1)(b), and (1)(c) amended and (1)(f) and (1)(g) added, (HB 24-1337), ch. 422, p. 2880, § 1, effective August 7.

Editor's note: Section 9(2) of chapter 422 (HB 24-1337), Session Laws of Colorado 2024, provides that the act changing this section applies to debts accrued on or after August 7, 2024.

38-33.3-124. Legislative declaration - alternative dispute resolution encouraged - policy statement required. (1) (a) (I) The general assembly finds and declares that the cost, complexity, and delay inherent in court proceedings make litigation a particularly inefficient means of resolving neighborhood disputes. Therefore, common interest communities are encouraged to adopt protocols that make use of mediation or arbitration as alternatives to, or preconditions upon, the filing of a complaint between a unit owner and association in situations that do not involve an imminent threat to the peace, health, or safety of the community.

(II) The general assembly hereby specifically endorses and encourages associations, unit owners, managers, declarants, and all other parties to disputes arising under this article to agree to make use of all available public or private resources for alternative dispute resolution, including, without limitation, the resources offered by the office of dispute resolution within the Colorado judicial branch through its website.

(b) On or before January 1, 2007, each association shall adopt a written policy setting forth its procedure for addressing disputes arising between the association and unit owners. The association shall make a copy of this policy available to unit owners upon request.

(2) (a) Any controversy between an association and a unit owner arising out of the provisions of this article may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding.

(b) The mediation agreement, if one is reached, may be presented to the court as a stipulation. Either party to the mediation may terminate the mediation process without prejudice.

(c) If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief.

(3) The declaration, bylaws, or rules of the association may specify situations in which disputes shall be resolved by binding arbitration under the uniform arbitration act, part 2 of article 22 of title 13, C.R.S., or by another means of alternative dispute resolution under the "Dispute Resolution Act", part 3 of article 22 of title 13, C.R.S.

Source: L. 98: Entire section added, p. 471, § 1, effective July 1. L. 2005: Entire section amended, p. 1377, § 6, effective January 1, 2006. L. 2006: (1) amended, p. 1218, § 5, effective May 26. L. 2008: Entire section amended, p. 557, § 3, effective July 1.

PART 2

CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES

Notes of Decisions
Cited in 52 cases (32 in the last 5 years), 1998–2026 · leading case: & 15CA0203. DA Mountain Rentals, LLC v. The Lodge at Lionshead Phase III Condo. Ass'n, Inc, 2016 COA 141 (Colo. Ct. App. 2016).
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& 15CA0203. DA Mountain Rentals, LLC v. The Lodge at Lionshead Phase III Condo. Ass'n, Inc, 2016 COA 141 (Colo. Ct. App. 2016). · cites it 8× “Attorney Fees and Costs under CCIOA ¶ 81 Both parties seek appellate attorney fees and costs pursuant to section 38-33.3-123, C.R.S. 2016, which governs awards of attorney fees under CCIOA.”
Cody Park Prop. Owners' Ass'n v. Harder, 251 P.3d 1 (Colo. Ct. App. 2010). · cites it 7× “Although the other subsections specifically refer to "unit owners," section 38-33.3-123(1)(c) does not. For example, section 38-33.”
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021). · cites it 10× “Finally, the division concludes that defendants are entitled to recover their appellate attorney fees under section 38-33.3-123(1)(c), C.R.S. 2020, and remands the case to the trial court to determine the amount of such fees and award them to defendants.”
Buick v. Highland Meadow Estates at Castle Peak Ranch, Inc., 21 P.3d 860 (Colo. 2001). · cites it 3× “(2) Whether the court of appeals erred in awarding attorney's fees pursuant to section 38-33.3-123, 10 C.R.S. (2000), which mandates an award of attorney fees to the prevailing party in an action to enforce covenants, against the Lot 13 owners based on a threat that the owners…”
Pagosa Lakes Prop. Owners Ass'n v. Caywood, 973 P.2d 698 (Colo. Ct. App. 1998). · cites it 7× “We affirm the injunction, reverse the order concerning attorney fees, and remand with directions to award reasonable attorney fees incurred by the association in the trial court and on appeal pursuant to §38-33.3-123, C.R.S.1997. The pivotal issue on appeal is whether the…”
Frisco Lot v. Giberson Preserve, 2024 COA 125 (Colo. Ct. App. 2024). · cites it 2× “As for his request under section 38-33.3-123(1)(c), CCIOA’s fee-shifting provision applies retroactively to “all common interest communities created within this state before July 1, 1992, with respect to events and 19 For example, after GLP and COOL executed the amended…”
K9Shrink, LLC v. Ridgewood Meadows Water & Homeowners Ass'n, 278 P.3d 372 (Colo. Ct. App. 2011). · cites it 3× “54(d); Part IV, paragraph 8 of the Covenants; and section 38-33.3-123(1)(c), C.R.S.2010. On the same basis, we also grant Ridgewood's request for attorney fees on appeal.”
Jensen v. Runta, 80 P.3d 906 (Colo. Ct. App. 2003). · cites it 5× “” As relevant here, the Omnibus Motion requested that the trial court reconsider its denial of attorney fees pursuant to § 13-17-102 and, for the first time, sought attorney fees under § 38-33.3-123(1), C.R.S.2002. Seventy-five days later, on February 25, 2003, the trial court…”
Fang v. Showa Entetsu Co., Ltd., 91 P.3d 419 (Colo. Ct. App. 2003). · cites it 2× “25, 2003)(post-judgment motion for attorney fees pursuant to Colorado Common Interest Ownership Act, § 38-33.3-123(1), C.R.S.2003, not requested in the complaint or at trial, constituted a new request, not a motion under C.”
Ryan Ranch Cmty. Ass'n v. Kelley, 409 P.3d 375 (Colo. Ct. App. 2014). · cites it 3× “Under the Declaration and section 38-33.3-123(l)(c), C.R.S.2Ó13, a prevailing party in a CCIOA dispute is entitled to reasonable attorney fees.”
Hallmark Bldg. Co. v. Westland Meadows Owners Ass'n, 983 P.2d 170 (Colo. Ct. App. 1999). · cites it 3× “Section 38-33.3-123(1), C.R.S.1998 provides that: “[F]or each claim, including but not limited to counterclaims, cross-claims, and third-party claims, in any legal proceeding to enforce the provisions of this article or of the declaration, bylaws, articles, or rules and…”
B.B. & C. P'ship v. Edelweiss Condo. Ass'n, 218 P.3d 310 (Colo. 2009). · cites it 2× “The Association argues the CCIOA entitles it to attorney's fees pursuant to section 38-33.3-123(c). We reject the Association's attorney's fees request because the COA, not the CCIOA, governs this dispute.”
Show all 52 citing cases →
Colo. Rev. Stat. § 38-33.3-123(1): 8 cases
Buick v. Highland Meadow Estates at Castle Peak Ranch, Inc., 21 P.3d 860 (Colo. 2001). “(2) Whether the court of appeals erred in awarding attorney's fees pursuant to section 38-33.3-123, 10 C.R.S. (2000), which mandates an award of attorney fees to the prevailing party in an action to enforce covenants, against the Lot 13 owners based on a threat that the owners…”
Jensen v. Runta, 80 P.3d 906 (Colo. Ct. App. 2003). “” As relevant here, the Omnibus Motion requested that the trial court reconsider its denial of attorney fees pursuant to § 13-17-102 and, for the first time, sought attorney fees under § 38-33.3-123(1), C.R.S.2002. Seventy-five days later, on February 25, 2003, the trial court…”
Fang v. Showa Entetsu Co., Ltd., 91 P.3d 419 (Colo. Ct. App. 2003). “25, 2003)(post-judgment motion for attorney fees pursuant to Colorado Common Interest Ownership Act, § 38-33.3-123(1), C.R.S.2003, not requested in the complaint or at trial, constituted a new request, not a motion under C.”
Hallmark Bldg. Co. v. Westland Meadows Owners Ass'n, 983 P.2d 170 (Colo. Ct. App. 1999). “Section 38-33.3-123(1), C.R.S.1998 provides that: “[F]or each claim, including but not limited to counterclaims, cross-claims, and third-party claims, in any legal proceeding to enforce the provisions of this article or of the declaration, bylaws, articles, or rules and…”
Pagosa Lakes Prop. Owners Ass'n v. Caywood, 973 P.2d 698 (Colo. Ct. App. 1998). “We affirm the injunction, reverse the order concerning attorney fees, and remand with directions to award reasonable attorney fees incurred by the association in the trial court and on appeal pursuant to §38-33.3-123, C.R.S.1997. The pivotal issue on appeal is whether the…”
Colo. Rev. Stat. § 38-33.3-123(1)(a)(II): 1 case
Dayton Green v. Fymbo (Colo. Ct. App. 2025).
Colo. Rev. Stat. § 38-33.3-123(1)(b): 1 case
Ellis v. Hillcrest (Colo. Ct. App. 2026).
Colo. Rev. Stat. § 38-33.3-123(1)(c): 32 cases
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021). “Finally, the division concludes that defendants are entitled to recover their appellate attorney fees under section 38-33.3-123(1)(c), C.R.S. 2020, and remands the case to the trial court to determine the amount of such fees and award them to defendants.”
Cody Park Prop. Owners' Ass'n v. Harder, 251 P.3d 1 (Colo. Ct. App. 2010). “Although the other subsections specifically refer to "unit owners," section 38-33.3-123(1)(c) does not. For example, section 38-33.”
Frisco Lot v. Giberson Preserve, 2024 COA 125 (Colo. Ct. App. 2024). “As for his request under section 38-33.3-123(1)(c), CCIOA’s fee-shifting provision applies retroactively to “all common interest communities created within this state before July 1, 1992, with respect to events and 19 For example, after GLP and COOL executed the amended…”
K9Shrink, LLC v. Ridgewood Meadows Water & Homeowners Ass'n, 278 P.3d 372 (Colo. Ct. App. 2011). “54(d); Part IV, paragraph 8 of the Covenants; and section 38-33.3-123(1)(c), C.R.S.2010. On the same basis, we also grant Ridgewood's request for attorney fees on appeal.”
DeJean v. Grosz, 412 P.3d 733 (Colo. Ct. App. 2015).
Colo. Rev. Stat. § 38-33.3-123(1)(c)(I): 9 cases
2001 Beaver Creek v. Malahide (Colo. Ct. App. 2025).
Stevens v. Brandychase (Colo. Ct. App. 2024).
Hallman v. Willowbrook (Colo. Ct. App. 2025).
GaNun v. Epic (Colo. Ct. App. 2024).
GaNun v. Epic (Colo. Ct. App. 2025).
Colo. Rev. Stat. § 38-33.3-123(1)(c)(II): 1 case
Hallman v. Willowbrook (Colo. Ct. App. 2025).
Colo. Rev. Stat. § 38-33.3-123(1)(d): 1 case
Cody Park Prop. Owners' Ass'n v. Harder, 251 P.3d 1 (Colo. Ct. App. 2010). “Although the other subsections specifically refer to "unit owners," section 38-33.3-123(1)(c) does not. For example, section 38-33.”
Colo. Rev. Stat. § 38-33.3-123(2): 2 cases
Highland Meadow Estates at Castle Peak Ranch, Inc. v. Buick, 994 P.2d 459 (Colo. Ct. App. 1999).
Highland Meadow Estates v. Buick, 994 P.2d 459 (Colo. Ct. App. 2000).
Colo. Rev. Stat. § 38-33.3-123(c): 2 cases
B.B. & C. P'ship v. Edelweiss Condo. Ass'n, 218 P.3d 310 (Colo. 2009). “The Association argues the CCIOA entitles it to attorney's fees pursuant to section 38-33.3-123(c). We reject the Association's attorney's fees request because the COA, not the CCIOA, governs this dispute.”
Anthony T. ACCETTA & Nancy Accetta v. BROOKS TOWERS RESIDENCES Condo. Ass'n, INC., a Colorado nonprofit Corp. Mark Trenka in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Marla Grant in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Bill Clarke in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Clay Courter in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Robb Green in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. & Joan Foster in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc., 506 P.3d 857 (Colo. Ct. App. 2021).
Colo. Rev. Stat. § 38-33.3-123(i)(e): 1 case
& 15CA0203. DA Mountain Rentals, LLC v. The Lodge at Lionshead Phase III Condo. Ass'n, Inc, 2016 COA 141 (Colo. Ct. App. 2016). “Attorney Fees and Costs under CCIOA ¶ 81 Both parties seek appellate attorney fees and costs pursuant to section 38-33.3-123, C.R.S. 2016, which governs awards of attorney fees under CCIOA.”
Colo. Rev. Stat. § 38-33.3-123(l)(c): 3 cases
& 15CA0203. DA Mountain Rentals, LLC v. The Lodge at Lionshead Phase III Condo. Ass'n, Inc, 2016 COA 141 (Colo. Ct. App. 2016). “Attorney Fees and Costs under CCIOA ¶ 81 Both parties seek appellate attorney fees and costs pursuant to section 38-33.3-123, C.R.S. 2016, which governs awards of attorney fees under CCIOA.”
Ryan Ranch Cmty. Ass'n v. Kelley, 409 P.3d 375 (Colo. Ct. App. 2014). “Under the Declaration and section 38-33.3-123(l)(c), C.R.S.2Ó13, a prevailing party in a CCIOA dispute is entitled to reasonable attorney fees.”
United Bank, Inc. v. Stone Gate Homeowners Ass'n, 647 S.E.2d 811 (W. Va. 2007).
Colo. Rev. Stat. § 38-33.3-123(l)(e): 1 case
Gleneagle Civic Ass'n v. Hardin, 205 P.3d 462 (Colo. Ct. App. 2008).
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