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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0528.01 Jennifer Berman x3286 HOUSE BILL 26-1201
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING A UNIT OWNER 'S NOTICE TO A HOMEOWNERS '101
ASSOCIATION THAT THE UNIT OWNER PREFERS TO RECEIVE102
CORRESPONDENCE IN A LANGUAGE OTHER THAN ENGLISH.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, a unit owner in a homeowners' association
(HOA) may notify the HOA that the unit owner prefers to receive
correspondence and notices from the HOA in a language other than
English. The HOA is then required to send the unit owner correspondence
and notices in both English and the preferred language.
HOUSE SPONSORSHIP
Weinberg,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
The bill:
! Authorizes the HOA to require that the unit owner first
demonstrate the need for correspondence and notices in the
preferred language before sending correspondence and
notices to the unit owner in the preferred language; and
! Removes the requirement that the HOA send
correspondence and notices to the unit owner in both
English and the unit owner's preferred language, instead
requiring that the HOA send the correspondence and
notices only in the unit owner's preferred language.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 38-33.3-209.5,2
amend (1.7)(a) introductory portion, (1.7)(b)(II)(A), (1.7)(b)(III)(A),3
(1.7)(b)(VI) introductory portion, and (6)(a); and add (1.7)(a.5) as4
follows:5
38-33.3-209.5. Responsible governance policies - due process6
for imposition of fines - procedure for collection of delinquent7
accounts - enforcement through small claims court - definitions.8
(1.7) (a) EXCEPT AS DESCRIBED IN SUBSECTION (1.7)(a.5) OF THIS9
SECTION, with regard to a unit owner's delinquency in paying assessments,10
fines, or fees, an association shall:11
(a.5) BEFORE AN ASSOCIATION COMPLIES WITH A UNIT OWNER 'S12
NOTICE INDICATING THAT THE UNIT OWNER PREFERS THAT13
CORRESPONDENCE AND NOTICES FROM THE ASSOCIATION BE MADE IN A14
LANGUAGE OTHER THAN ENGLISH PURSUANT TO SUBSECTION (1.7)(a)(I)15
OF THIS SECTION , THE ASSOCIATION MAY REQUIRE THE UNIT OWNER TO16
DEMONSTRATE THE UNIT OWNER 'S NEED FOR CORRESPONDENCE AND17
NOTICES TO BE PROVIDED IN THE PREFERRED LANGUAGE. THE UNIT OWNER18
MAY DEMONSTRATE SUCH NEED BY:19
(I) SUBMITTING THE NOTICE DESCRIBED IN SUBSECTION (1.7)(a)(I)20
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OF THIS SECTION IN THE PREFERRED LANGUAGE;1
(II) P ROVIDING TO THE ASSOCIATION DOCUMENTATION2
DEMONSTRATING THE UNIT OWNER 'S PROFICIENCY IN THE PREFERRED3
LANGUAGE. SUCH DOCUMENTATION MAY INCLUDE GOVERNMENT-ISSUED4
DOCUMENTS LISTING THE PREFERRED LANGUAGE AS THE UNIT OWNER 'S5
PRIMARY LANGUAGE; SCHOOL, IMMIGRATION, OR COMMUNITY PROGRAM6
DOCUMENTS INDICATING LITERACY IN THE PREFERRED LANGUAGE; OR A7
LETTER OR OTHER DOCUMENT FROM AN INTERPRETER OR COMMUNITY8
ORGANIZATION CERTIFYING THE UNIT OWNER 'S PROFICIENCY IN THE9
PREFERRED LANGUAGE.10
(III) HAVING AN INTERPRETER PROVIDE A BRIEF STATEMENT TO11
THE ASSOCIATION INDICATING THE UNIT OWNER 'S PROFICIENCY IN THE12
PREFERRED LANGUAGE; OR13
(IV) P ROVIDING TO THE ASSOCIATION DOCUMENTS14
DEMONSTRATING A HISTORY OF COMMUNICATIONS TO AND FROM THE UNIT15
OWNER IN THE PREFERRED LANGUAGE.16
(b) (II) (A) With respect to any violation of the declaration,17
bylaws, covenants, or other governing documents of an association that18
the association reasonably determines threatens the public safety or19
health, the association shall provide the unit owner written notice, in20
English and in any language that FOR WHICH the unit owner has indicated21
a preference for correspondence and notices pursuant to subsection22
(1.7)(a)(I) of this section OR, IF NO PREFERENCE IS SO INDICATED23
PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS SECTION, IN ENGLISH, of the24
violation informing the unit owner that the unit owner has seventy-two25
hours to cure the violation or the association may fine the unit owner.26
(III) (A) If an association reasonably determines that a unit owner27
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committed a violation of the declaration, bylaws, covenants, or other1
governing documents of the association, other than a violation that2
threatens the public safety or health, the association shall, through3
certified mail, return r eceipt requested, provide the unit owner written4
notice, in English and in any language that FOR WHICH the unit owner has5
indicated a preference for correspondence and notices pursuant to6
subsection (1.7)(a)(I) of this section OR, IF NO PREFERENCE IS INDICATED7
PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS SECTION, IN ENGLISH, of the8
violation informing the unit owner that the unit owner has thirty days to9
cure the violation or the association, after conducting an inspection and10
determining that the unit owner has not cured the violation, may fine the11
unit owner. However, the total amount of fines imposed for the violation12
may not exceed five hundred dollars.13
(VI) Once the A FTER A unit owner cures a violation, the14
association shall notify the unit owner in English and in any language that15
FOR WHICH the unit owner has indicated a preference for correspondence16
and notices pursuant to subsection (1.7)(a)(I) of this section OR, IF NO17
PREFERENCE IS INDICATED PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS18
SECTION, IN ENGLISH:19
(6) A notice of delinquency that an association sends to a unit20
owner for unpaid assessments, fines, fees, or charges must:21
(a) Be written in English and in any language that FOR WHICH the22
unit owner has indicated a preference for correspondence and notices23
pursuant to subsection (1.7)(a)(I) of this section OR, IF NO PREFERENCE IS24
INDICATED PURSUANT TO SUBSECTION (1.7)(a)(I) OF THIS SECTION , IN25
ENGLISH;26
SECTION 2. Act subject to petition - effective date. This act27
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takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly (August2
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a3
referendum petition is filed pursuant to section 1 (3) of article V of the4
state constitution against this act or an item, section, or part of this act5
within such period, then the act, item, section, or part will not take effect6
unless approved by the people at the general election to be held in7
November 2026 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
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