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Bill > HB1099


CO HB1099

CO HB1099
Protect Financial Condition of Homeowners Associations


summary

Introduced
02/03/2026
In Committee
02/18/2026
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

The bill requires the declarant of a new planned community or condominium, prior to the sale or conveyance of the first unit, to obtain a reserve study for the planned community or condominium, which study estimates the projected costs of maintaining, repairing, or replacing the common elements or property of the planned community or condominium over a 30-year period. The reserve study must be updated after each phase of building, with a final updated reserve study conducted for the planned community or condominium as built. Until the transfer of control of the planned community or condominium to a unit owners' association (association), a declarant must provide the reserve study to each prospective purchaser of a unit at least hours prior to the sale or conveyance of the unit. After such transfer of control, the association must make the reserve study available to a unit owner upon reasonable notice. At or before the transfer of control of the planned community or condominium to an association, a declarant must pay to the association 1.5% of the amount required to fully fund the reserves. When an association changes association management companies, the former association management company shall, within 45 days, deliver to the new association management company or the association, at no charge to the association, all association property, records, money, accounts, information, and other items or information specified in the bill (property and records). The former association management company shall pay the association $250 for each business day that it fails to timely return the association's property and records and is liable for all interest and late fees on late payments made by the association due to the former association management company's failure to turn over the property and records, as well as any other damages incurred by the association. In a civil action to recover the property and records or the payments owed to the association for the former association management company's failure to turn over the property and records, if the court finds that the former association management company's violation was willful, the former association management company shall be liable for treble the association's damages, plus attorney fees and court costs.

AI Summary

This bill requires the developer, or "declarant," of new planned communities or condominiums to obtain and pay for a "reserve study" before selling the first unit, which is a professional assessment estimating the costs of maintaining, repairing, or replacing common areas over a 30-year period. This study must be updated after each building phase and again once construction is complete, and it must be conducted by an independent professional with no financial ties to the declarant. Prospective buyers must receive the most recent reserve study at least 24 hours before purchasing a unit, and after the homeowners' association (HOA), or "association," takes control from the declarant, the declarant must contribute 1.5% of the amount needed to fully fund the reserves as indicated in the final reserve study. Furthermore, if an HOA changes its management company, the former company must transfer all association property, records, and financial information to the new company or the HOA within 45 days, free of charge, or face penalties of $250 per day for delays, plus liability for any late fees or damages incurred by the HOA, and potentially triple damages and legal fees if the failure to transfer is deemed willful. The bill also mandates that the HOA make the reserve study available to unit owners upon request and that the declarant provide the reserve study to the HOA at the time control is transferred.

Committee Categories

Housing and Urban Affairs

Sponsors (4)

Last Action

House Second Reading Calendar (00:00:00 2/23/2026 House Floor) (on 02/23/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://leg.colorado.gov/bills/HB26-1099
House Transportation, Housing & Local Government Amendment L.002 https://leg.colorado.gov/bill_amendments/17874/download
Fiscal Note FN1 https://leg.colorado.gov/bill_files/111978/download
BillText https://leg.colorado.gov/bill_files/111205/download
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