Colorado Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under C.R.S. 38-33.3-307(1), the association is responsible for maintenance, repair, and replacement of the common elements, and each owner is responsible for maintenance, repair, and replacement of their own unit. This default applies except to the extent the declaration says otherwise. Owners must give the association reasonable access through their unit for these repairs. If damage happens to a unit or common element where access is taken, whoever is responsible for the damage (an owner or the association) pays for prompt repair. Costs for limited common elements are charged only to the units they serve when the declaration requires it (C.R.S. 38-33.3-315(3)).

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Unless the declaration says otherwise, C.R.S. 38-33.3-202 treats drywall, paint, tile, finished flooring, and other finished surfaces as part of the unit, while the rest of the wall, floor, or ceiling is a common element. A pipe, duct, or wire serving only one unit is a limited common element of that unit. Balconies, patios, exterior doors, and windows built to serve one unit are limited common elements assigned to that unit.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• The association maintains common elements and owners maintain their units, unless the declaration says otherwise (C.R.S. 38-33.3-307).
• The association must insure common elements for full insurable replacement cost, less deductibles (C.R.S. 38-33.3-313(1)).
• The association may adopt written deductible policies and charge deductibles to negligent owners or split them among damaged units (C.R.S. 38-33.3-313(6)).
• Associations must adopt a written policy on reserve studies and funding plans (C.R.S. 38-33.3-209.5(1)(b)(IX)).
• An HOA board can file a construction defect lawsuit only after owners holding a majority of votes approve it (C.R.S. 38-33.3-303.5).
• Purchase contracts must include a bold disclosure that the home is in a common interest community (C.R.S. 38-35.7-102).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Colorado

Insurance and deductibles

C.R.S. 38-33.3-313 requires the association to carry property insurance on the common elements for full insurable replacement cost, less deductibles, plus commercial general liability insurance. In buildings with units stacked on top of each other (horizontal boundaries), the master policy must include the units but not their finished interior surfaces of walls, floors, and ceilings. So owners usually need their own HO-6 coverage for drywall, flooring, and upgrades. The association may adopt written deductible policies, charge deductibles to negligent owners, and split a deductible among damaged units when a loss affects more than one unit.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Colorado condo

Colorado does not have a single statutory resale certificate like some states. Every purchase contract must contain a bold disclosure that the property is in a common interest community and subject to assessments and rules (C.R.S. 38-35.7-102). On request, the seller must provide the governing and financial documents listed in the state-approved real estate contract, or authorize the association to provide them for its usual fee. Separately, the association must provide a written statement of unpaid assessments within 14 calendar days of a written request (C.R.S. 38-33.3-316(8)). Review deadlines and termination rights come from the contract.

Frequently Asked Questions

Who pays for a leak from an upstairs condo in Colorado?

It depends on the source and your declaration. By default, owners maintain their units and the association maintains common elements (C.R.S. 38-33.3-307). If the leak started in a pipe serving only the upstairs unit, that owner is often responsible. If it came from a common pipe, the association usually handles repairs. The master policy may cover the building, but the association can charge the deductible to a negligent owner under its written policy.

Are Colorado HOAs required to have a reserve study?

Not in most cases. CCIOA requires each association to adopt a policy stating when it obtains a reserve study and whether there is a funding plan. The study can be done internally. For new communities, a 2026 law (HB26-1099) requires the developer to provide an independent 30-year reserve study before turning over control. Buyers should ask for the latest study and the funding plan.

Does the HOA master policy cover my drywall and floors?

Usually not. In stacked condo buildings, CCIOA says the master policy must cover units but not the finished interior surfaces of walls, floors, and ceilings. Owner upgrades also do not have to be covered. Read your declaration and the actual policy, and size your HO-6 policy to cover finishes, upgrades, and any deductible the association may charge you.

Can my Colorado HOA charge me the insurance deductible?

Yes, in some cases. Under C.R.S. 38-33.3-313(6), the association may adopt written, nondiscriminatory policies on deductibles. It can charge deductibles to owners whose negligence caused a loss, or to owners who benefit from the repair. When several units are damaged, it can split the deductible among them. Ask for your association's written insurance and deductible policy.