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Arizona and Colorado HOA Law: What Managers Need to Know

Arizona and Colorado HOA Law: What Managers Need to Know

A manager running communities in both states cannot assume that the same enforcement process will satisfy both.

Arizona builds its protections into the violation notice and the exchange that follows it: fail to provide the required information and the association may be restricted from enforcing. Colorado builds its protections into delivery and collections: miss a step in the sequence and the collection action can be undermined.

Both states impose detailed procedural requirements, but they do so in different areas. This covers what each requires, where the two diverge, and the points that catch managers crossing between them.

One boundary first. This page is about homeowners associations, planned communities and condominium associations. Arizona and Colorado both have separate statutes governing manufactured housing communities, and those are different frameworks with different rules. If you manage mobile home parks in either state, the rule enforcement requirements for manufactured housing communities apply instead, and nothing on this page transfers across.

The Governing Statutes

Arizona splits by property type.

  • Planned communities: the Planned Communities Act, A.R.S. Title 33, Chapter 16, at §33-1801 and following

  • Condominiums: the Arizona Condominium Act, A.R.S. Title 33, Chapter 9, at §33-1201 and following

The two chapters differ on several points, so the first question on any Arizona community is which chapter applies.

Colorado uses one statute for both.

  • The Colorado Common Interest Ownership Act (CCIOA), C.R.S. Title 38, Article 33.3

CCIOA covers condominiums, cooperatives and planned communities together, though some provisions apply differently depending on when the community was created and its size.

Most associations in both states are also incorporated under the relevant nonprofit corporation act, and federal and state fair housing law applies throughout.

Arizona: The Notice and Information Exchange Matter

Under A.R.S. §33-1803, an association may impose reasonable monetary penalties for violations of the declaration, bylaws and rules, but only after notice and an opportunity to be heard.

  • What the notice and information exchange must cover. Arizona requires notice and an opportunity to be heard before an association imposes a monetary penalty. A member who receives a written violation notice may respond by certified mail within 21 calendar days. Within 10 business days after receiving that response, the association must provide a written explanation containing the allegedly violated provision, the violation or observation date, the first and last name of the observer or observers, and the process for contesting the notice, unless that information was already provided in the original notice.

  • What happens if information is missing. Where the association does not provide the required explanation, it is restricted from proceeding with enforcement action during the information-exchange period, including collecting attorney fees, and must provide written notice of the owner's right to petition for an administrative hearing. A deficient file is not simply an administrative issue; obtain advice before continuing enforcement.

  • The exchange of information. The member may respond in writing by certified mail within 21 calendar days after the notice date. The association then has 10 business days after receiving that certified-mail response to provide its written explanation.

  • Penalties must be reasonable. The statute uses that standard rather than setting amounts.

Three other Arizona provisions managers work with regularly:

  • Open meetings (§33-1804). Meetings of the association and the board are generally open to members, subject to stated exceptions.

  • Record access (§33-1805). Members may examine association records, with the association required to respond within 10 business days. Arizona does not require the member to state a purpose.

  • Liens and foreclosure (§33-1807). The association has a lien for assessments, and foreclosure of that lien is permitted only once an owner has been and remains delinquent on assessments for 18 months or in the amount of $10,000, whichever occurs first. The statute treats the common expense lien for assessments separately from other member expenses, which are pursued through a judgment lien rather than the assessment lien. These provisions were amended by recent legislation, so the current text is worth checking.

Arizona also voids certain restrictions outright, including those on solar devices under §33-1816 and, following a 2024 amendment, artificial turf under §33-1819.

The state hearing route. Under A.R.S. §32-2199.01, an owner may petition the Arizona Department of Real Estate alleging a violation of the planned community or condominium statutes or the community documents. Where justified, the matter is referred to the Office of Administrative Hearings for a decision by an administrative law judge. The Department is explicit that it does not regulate associations, management companies, boards or members, and the process is not open to renters, non-owners or directors. This route is unusual, and a manager in Arizona should expect that any contested enforcement may end up in front of an ALJ.

Colorado: The Sequence Is the Requirement

Colorado's protections sit in delivery, timing and collections, and they have been rewritten repeatedly: substantially by House Bill 22-1137 effective August 2022, then amended by House Bill 24-1233 effective 7 August 2024, with further legislation since.

  • Required policies. CCIOA requires associations to adopt written policies. The Colorado Division of Real Estate notes that a covenant enforcement policy must at minimum contain notice and hearing procedures and the schedule of fines. Associations also need a collection policy and a conduct of meetings policy, and any policy written before the 2022 and 2024 changes needs reviewing.

  • Owner communication preferences. An owner may designate a preferred language, additional methods by which they wish to receive notices, and a third party to receive notices on their behalf. Those designations then affect how required notices must be communicated.

  • Delivery of delinquency notices. This changed in 2024. The current framework requires notice by certified mail, together with contact by two of the specified means rather than one. HB 24-1233 removed the previous requirement to physically post notice on the owner's unit. The association must keep records of its contacts.

  • Repayment plans before foreclosure. Before initiating foreclosure, the association must follow the payment plan requirements under CCIOA. The duration, minimum instalment and the circumstances in which foreclosure may proceed have all been amended since 2022, and the current statutory requirements should be confirmed before any foreclosure is initiated.

  • Limits on foreclosure and charges. An association cannot foreclose where the debt securing the lien consists only of fines, or of collection costs and attorney fees associated only with fines. Interest on unpaid amounts is capped, and daily fines are prohibited.

  • Cure periods. Where the association reasonably determines a violation is a threat to public safety or health, a 72-hour cure period applies before a fine.

  • Small claims. Disputes relating to a delinquency may be brought in small claims court where the amount does not exceed $7,500, excluding interest and costs.

  • Strict compliance and foreclosure. HB25-1043, effective October 2025, added further requirements around lien and foreclosure actions, including compliance with applicable lien and foreclosure laws and governing documents, additional owner notices, and annual registration reporting covering delinquencies, judgments, payment plans and foreclosure actions. The Division of Real Estate's summary of HB25-1043 goes further than the bill text, advising that an association should ensure it is registered with the Division before initiating delinquency enforcement or legal action against an owner, and that an association not in strict compliance may be prevented from collecting amounts owed. That is the Division's guidance rather than a provision of the bill, and worth confirming against the current position.

Colorado has continued to amend CCIOA and its collection requirements since 2022, so the current text governs rather than any summary of it.

Where the Two Diverge

 

Arizona

Colorado

Statute

Planned Communities Act and Condominium Act, separately

CCIOA, covering both

Where the protection sits

Notice contents and the information exchange

Delivery method and collection sequence

Consequence of a defect

Enforcement restricted during the exchange period, including attorney fees

Procedural error can undermine the collection action

Member response window

21 calendar days by certified mail, association replies in 10 business days

Set by the association's policy, within CCIOA requirements

Delivery requirements

Written notice

Certified mail plus two additional contact methods, subject to current statutory requirements

Foreclosure threshold

18 months or $10,000 in assessments, whichever first

Cannot foreclose where the debt is only fines or fine-related costs

Fines and liens

Assessment lien treated separately from other member expenses

Interest capped, daily fines prohibited

Dispute route

ADRE petition, referred to an ALJ

Small claims for qualifying amounts

Communication preference

Not the same statutory framework

Owner may designate preferred language and contact arrangements

Registration

Not presented as a prerequisite in the provisions discussed

Annual registration includes collection and foreclosure reporting; Division guidance advises confirming registration before delinquency enforcement

The pattern: Arizona tests the file, Colorado tests the process. In Arizona, the violation notice and any required follow-up explanation must collectively provide the statutory information. A Colorado notice with perfect contents, sent only by certified mail, has not satisfied the applicable communication requirements.

Where Managers Get Caught

  • Using one template across both states. An Arizona enforcement file that does not provide the required information through the notice or required follow-up explanation can restrict enforcement. A Colorado notice sent by a single method is incomplete. Neither template works in the other state.

  • Working from the 2022 Colorado framework. Physical posting is no longer required, and one additional contact method is no longer enough. A process built in 2022 and never revisited is running the wrong sequence.

  • Missing the Arizona follow-up. The 10-business-day written explanation is triggered by the member's certified-mail response, and it is a separate obligation from the original notice.

  • Ignoring an owner's designated preferences in Colorado. A designated language preference or contact arrangement can affect how required notices must be communicated, and should be built into the notice process.

  • Fining daily in Colorado. Prohibited, and a fine schedule written before 2022 may still do it.

  • Misapplying the Arizona foreclosure threshold. The 18-month or $10,000 test relates to the assessment lien, and other member expenses are treated differently.

  • Applying Colorado policies that predate the amendments. An enforcement, collection or meetings policy adopted before August 2022, or not revisited after August 2024, is likely to be out of date.

  • Overlooking Colorado registration and reporting. HB25-1043 added annual registration reporting covering delinquencies, judgments, payment plans and foreclosure actions, and Division guidance advises confirming registration status before delinquency enforcement. Those obligations should be handled separately from individual collection files.

  • Assuming the manufactured housing rules transfer. Both states regulate mobile home parks under separate statutes with their own notice and rule-adoption requirements. They do not carry over to HOAs, and the reverse is equally true.

What This Means Operationally

  • Separate templates by state, and by property type in Arizona. Planned community and condominium are different chapters.

  • Build the Arizona notice and response workflow from a field list: the alleged provision, date, observer, and contest process should be ready to provide in the notice or, when required, the statutory follow-up explanation.

  • Build the Colorado notice from a delivery checklist. Certified mail, the two additional contact methods required by current law, the owner's designated preferences, and a record of each contact.

  • Diary the Arizona exchange. 21 calendar days for the member, then 10 business days for the association from receipt of that response.

  • Re-adopt Colorado policies where they predate the 2022 or 2024 changes, and take advice on whether current versions comply.

  • Confirm the Colorado payment plan requirements against the current statute before any foreclosure step, since they have been amended more than once.

  • Keep the enforcement record at community level. Both states expect consistency, and the architectural review process is where inconsistency most often becomes visible.

Frequently Asked Questions

1. What law governs HOAs in Arizona?
Planned communities are governed by the Arizona Planned Communities Act at A.R.S. Title 33, Chapter 16, beginning at §33-1801. Condominiums are governed separately by the Arizona Condominium Act at Title 33, Chapter 9, beginning at §33-1201. The two chapters differ on several points.

2. What law governs HOAs in Colorado?
The Colorado Common Interest Ownership Act, at C.R.S. Title 38, Article 33.3, covers condominiums, cooperatives and planned communities. It was substantially amended by House Bill 22-1137 in 2022, amended again by House Bill 24-1233 in 2024, and has been the subject of further legislation since.

3. What information must an Arizona HOA provide about a violation?
Under A.R.S. §33-1803, where a member responds to a violation notice by certified mail within 21 calendar days, the association must provide a written explanation within 10 business days of receiving that response, containing the allegedly violated provision, the violation or observation date, the first and last name of the observer or observers, and the process for contesting the notice, unless that information was already provided in the notice. Where the required explanation is not provided, the association is restricted from proceeding with enforcement, including collecting attorney fees.

4. How must a Colorado HOA deliver a delinquency notice?
Colorado requires notice by certified mail together with contact by two of the specified additional means. House Bill 24-1233, effective August 2024, removed the previous requirement to physically post notice on the unit and increased the additional contact methods from one to two. Associations should also account for designated contact and preferred-language arrangements and keep records of the contacts made.

5. Can an Arizona HOA foreclose for unpaid fines?
Foreclosure of the assessment lien under §33-1807 is permitted only once an owner has been and remains delinquent on assessments for 18 months or in the amount of $10,000, whichever occurs first. The statute treats other member expenses separately, through a judgment lien rather than the assessment lien.

6. Does Arizona have a state dispute process for HOAs?
Yes. Under A.R.S. §32-2199.01 an owner may petition the Arizona Department of Real Estate, and qualifying matters are referred to the Office of Administrative Hearings. The Department states that it does not regulate associations, management companies, boards or members.

7. Do Arizona and Colorado HOA rules apply to mobile home parks?
No. Both states regulate manufactured housing communities under separate statutes with their own requirements for rules, notices and enforcement. The HOA frameworks described here do not apply to them.

Two States, Two Different Failure Modes

Arizona will test what your file provides, across the notice and the follow-up it triggers. Colorado will test how the notice was sent and what came next.

A manager operating in both needs two processes, not one with regional variations, because the thing each statute protects is different. Arizona requires specific information to be supplied, whether in the notice or in the statutory explanation that follows a member's response. The Colorado collection is a sequence with required steps, and that sequence has changed more than once since 2022.

RIOO keeps community records, owner communications and enforcement history against the property they relate to, so the notice issued, the method used and the date it was sent remain retrievable when a decision is challenged. That sits across community manager portal and dashboards and reporting.

Note: Guidance in this article is general and does not constitute legal advice. Arizona and Colorado association law is amended frequently, and the requirements applying to any community also depend on its governing documents and when it was created. Confirm the current statutory text and take legal advice before issuing notices, imposing penalties or pursuing collection.