April 20, 2022

BILL TO PROTECT HOMEOWNERS IN HOAS ADVANCES

DENVER, CO – The House today passed bipartisan legislation on a preliminary vote that will protect homeowners in HOAs from foreclosure when they fall behind on their dues.


“We’ve heard heartbreaking stories of families who did everything they could to keep up with their mortgage and HOA fines and fees being forced from their homes,” said Rep. Naquetta Ricks, D-Aurora. “No one ever expects their HOA to foreclose on their home for unpaid dues, but thousands of families are facing this unimaginable reality. This bill will protect homeowners in HOAs and make it harder to foreclose on families for unpaid fines and fees.”

HB22-1137, sponsored by Representatives Naquetta Ricks and Mary Bradfield, would create new protections to prevent HOAs from easily foreclosing on homeowners because of late or unpaid HOA fines and fees. The bill requires HOAs to alert unit owners if they are behind on their payments and prohibits an HOA or property management company from referring the delinquent amount to collection unless a majority of the HOAs board members vote to do so in a public hearing. It limits late fees, fines and interest to a maximum of $500 total per violation.

Additionally, before an HOA initiates a foreclosure action, they must offer the unit owner a repayment plan, a critical safeguard for homeowners to protect their largest asset. HB22-1137 has proven to be a critical piece of legislation in light of the wave of foreclosures pending in the Green Valley Ranch Neighborhood in Denver where many homeowners have seen fines and fees from their HOA balloon into an unsustainable source of debt and threatening their homes.