Chapter 6 - § 6.18 • STATE REGISTRATION

• Jurisdiction: Colorado

§ 6.18 • STATE REGISTRATION

Effective January 1, 2011, unit owners' associations are required to register annually with the director of the Division of Real Estate (DORA).⁵²⁷ The registration must be completed online,⁵²⁸ and it must be accompanied by a fee in the amount set by the director,⁵²⁹ and by certain required information. That information is:

• The name of the association as shown in the records of the Colorado Secretary of State.
• The name of the management company, managing agent, or designated agent, which may be the registered agent for the association, as shown in the records of the Colorado Secretary of State, or any other agent that the governing board has designated for purposes of registration.
• A physical address of the HOA.
• A valid address; email address, if any; website, if any; and telephone number for the association or its management company, managing agent, or designated agent.
• The number of units in the association.

The information must be updated within 90 days of any change.⁵³⁰ An association is exempt from the fee, but not the registration requirement, if it either has annual revenues of $5,000 or less or is not authorized to make assessments and does not have any revenue.⁵³¹

A registration is valid for one year.⁵³² If an association fails to register, or its annual registration expires, its right to impose or enforce a lien for assessments⁵³³ or to pursue any action or employ any enforcement mechanism otherwise available to it under the CCIOA⁵³⁴ is suspended until it is again validly registered.⁵³⁵ Registration in compliance with the statute revives a previously suspended right without penalty to the association.⁵³⁶ A registration is valid on acceptance by DORA of the required information and payment of applicable fees, and a registration number and electronic or paper confirmation issued by DORA are prima facie evidence of valid registration.⁵³⁷ Determinations by the director about the validity or timeliness of registrations are subject to judicial review.⁵³⁸ A court, however, may not find a registration invalid based solely on technical or typographical errors.

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Notes:

^[527] C.R.S. § 38-33.3-401(1). Note that pursuant to C.R.S. § 38-33.3-117(1.5)(n), added effective August 7, 2013, except for small pre-existing cooperatives and planned communities, C.R.S. § 38-33.3-401 applies to all common interest communities created within Colorado before July 1, 1992, with respect to events and circumstances occurring on or...