Chapter 5 - § 5.18 • FEES FOR SERVICES

• Jurisdiction: Colorado

§ 5.18 • FEES FOR SERVICES

There are several circumstances in which an association may charge a unit owner fees for services. Generally, an association may, without specific authorization in the declaration, impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements described in the CCIOA.²⁹⁶ Associations are also authorized: (1) to impose reasonable charges for preparing and recording amendments to the declaration or statements of unpaid assessments,²⁹⁷ (2) to charge a fee for copies of association records,²⁹⁸ (3) to make assessments on retail sales and services not to exceed 6 percent of the amount charged for the retail sale or service, and (4) to make assessments on real estate transfers not to exceed 3 percent of the real estate sales price or its equivalent.²⁹⁹ However, neither a community association manager, nor any agent of a manager, may enforce any transfer fee against an association or any buyer or seller of property served by the association unless the fee or charge is explicitly disclosed in the manager's contract with the association, or an addendum to that contract, or documented by a clearly identified line item on a real estate closing settlement statement.³⁰⁰

Unless the declaration provides otherwise, fees and charges are enforceable as assessments under the CCIOA, and the association has a statutory lien on a unit for any assessment levied against that unit.³⁰¹ Specifically included among those fees and charges are: (1) payments, fees, or charges for the use, rental, or operation of the common elements, (2) charges for preparing and recording amendments to the declaration, (3) charges for preparing statements of unpaid assessments, and (4) certain insurance deductible costs.³⁰²

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Notes:

^[297] C.R.S. § 38-33.3-302(1)(l).

^[298] C.R.S. § 38-33.3-317(4) (association may impose reasonable charge, which may be collected in advance and may cover costs of labor and material, for copies of association records, but charge may not exceed estimated cost of production and reproduction of records).

^[299] C.R.S. §...