Colorado Law·Colorado

Status Letters and Resale Disclosures in Colorado: § 38-33.3-316(8) and the Annual Disclosure

CIC-SC Editorial Team··~9 minutes read

Colorado Law · Assessments & Transfers · § 38-33.3-316(8)

Status Letters and Resale Disclosures in Colorado: § 38-33.3-316(8) and the Annual Disclosure

Colorado’s statute on transfer statements is short: a written statement of unpaid assessments, due within 14 calendar days, binding once issued, with lien rights at stake if it is not furnished. Much of the rest of what a buyer wants to see comes from documents a Colorado association already makes available to owners. (Texas resale certificates and Florida estoppel certificates work differently and are mentioned only for contrast.)

By the CIC-SC Editorial Team Updated November 8, 2026 Reading time: ~9 minutes Audience: Colorado Boards, Managers, Treasurers, Closing Professionals

Educational notice. This information is educational in nature and should not be construed as legal advice. Statutory language is quoted from the Colorado Revised Statutes and enrolled bills as published by the Colorado General Assembly at the time of writing. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Version note: verified against the 2024 Colorado Revised Statutes (Office of Legislative Legal Services printout) and enrolled bill HB 26-1099 (effective August 12, 2026); later amendments are possible. This article does not cover Colorado Real Estate Commission contract forms or seller-disclosure rules.

The Bottom Line

Section 38-33.3-316(8) of the Colorado Common Interest Ownership Act (CCIOA) generally requires the association, on a written request delivered personally or by certified mail to its registered agent, to furnish an owner, a security-interest holder, or their designees a written statement of unpaid assessments against the unit within 14 calendar days. The statement binds the association, the board, and every owner. If no statement is furnished, the statute provides that the association has no right to assert a lien for assessments due as of the request date. The association may impose a reasonable charge (§ 302(1)(l)), and § 317(1)(h.5) lists a current list of sale-related fees, including the status-letter charge, among the association’s records. The 2024 CCIOA text sets no dollar cap. The broader “resale package” is not a single statutory document in Colorado; the § 209.4 annual disclosures and the § 317 records cover much of it.

What the Statement Is, and Why Closings Depend on It

In Colorado practice the § 316(8) statement is usually called a “status letter.” Title companies and lenders request it so the assessment balance can be paid at closing. The binding effect is what gives it weight: once issued, the statement fixes the unpaid-assessment figure as of its date for the association, the board, and every owner.

This matters when a ledger is wrong, because the statute makes the statement binding. Boards that delegate status letters to a manager rely on the manager’s ledger being current when the letter goes out; the effect of an error in a particular statement is a question for counsel. Under § 302(3)(a), managers and management companies acting for the association are subject to CCIOA to the same extent as the association itself.

Who May Request One, and How

  • Who: an owner, a holder of a security interest in the unit, or the designee of either. In practice the request usually comes from the closing title company acting as a designee.
  • How: a written request delivered personally or by certified mail to the association’s registered agent.

Associations commonly route status-letter requests through the manager. The statutory delivery point, however, is the registered agent. Boards commonly make sure the registered agent knows where to forward them. The association’s designated agent and contact information are part of its § 209.4(1) identity disclosure and its DORA registration (§ 38-33.3-401), so title companies can find them.

The 14-Calendar-Day Clock

The statute calls for the statement within 14 calendar days after receipt of the request, a calendar-day rather than business-day measure. By contrast only, the Texas and Florida guides describe 10-business-day periods under those states’ laws.

The statutory consequence. Section 316(8) provides that if no statement is furnished, the association has no right to assert a lien upon the unit for unpaid assessments that were due as of the date of the request. The effect on a specific transaction, and what remedies remain, are questions for counsel.

Fees: Reasonable, Listed, and Not Capped

  • Authority to charge. Section 302(1)(l) allows the association to impose reasonable charges for statements of unpaid assessments.
  • Disclosure of the charge. Section 317(1)(h.5), added by HB 21-1229, lists among the association’s records a current list of fees chargeable in connection with a sale, including the charge for a status letter. Owners may inspect it under § 317(2). Section 317(8) excludes associations that include time-share units from that subsection.
  • No dollar cap. The 2024 CCIOA text contains no statutory cap on the status-letter fee. CICSC’s legislative tracker found no 2025 or 2026 enactment adding one, but that search was not exhaustive.

The status letter is distinct from delinquency statements. Section 209.5(1.7)(c) generally calls for a monthly itemized list to each owner with an outstanding balance, and § 209.5(8)(b) bars a fee for providing the owner a statement of the total amount owed. That rule appears in the collections provisions; how it relates to a transfer-related status letter requested by a title company is a question for counsel. See the Colorado collections article.

Which Communities the Rule Reaches

  • Post-July 1, 1992 communities subject to CCIOA (other than small cooperatives and planned communities limited to §§ 105–107 under § 116).
  • Pre-1992 communities: § 117(1)(k) lists § 316 for events on and after July 1, 1992, and § 117(2) provides that § 316 “shall be applied and construed as stated” rather than under the document-conflict rule. Section 117(1)(i) lists § 302(1)(j)–(m), including (l), from the same date, and § 117(1.5)(m) lists § 317 from January 1, 2006, subject to § 119. Confirm applicability with counsel.

The Rest of the Resale Picture: § 209.4 and § 317

Former § 38-33.3-223 (sale of unit — disclosure to buyer) is shown in the 2024 printout as repealed. Much of the information a buyer usually wants is on the association’s disclosure and records lists:

Buyer questionWhere CCIOA puts the answer
What unpaid assessments are levied against the unit?§ 316(8) statement of unpaid assessments
What are the assessments?§ 209.4(2): current regular and special assessments by unit type
What is the budget and reserve position?§ 209.4(2): operating budget; annual financial statements including reserves; most recent available audit or review results
What insurance does the association carry?§ 209.4(2): list of policies with limits, deductibles, additional named insureds, expirations
What are the rules?§ 209.4(2): bylaws, articles, rules and regulations, and the § 209.5 policies
What has the board been doing?§ 209.4(2): prior fiscal year board and member minutes
What will the transfer cost?§ 317(1)(h.5): current list of sale-related fees
Is there a reserve study?§ 317(1)(k): most recent study is a record; from Aug. 12, 2026, the declarant study is in the disclosure (§ 209.4(2)(j))

Records beyond the disclosure packet are reached through the § 317 inspection process. Section 317(2)(a) allows the association to require a written request describing the records with reasonable particularity at least ten days in advance and bars conditioning production on a statement of proper purpose; § 317(4) allows a reasonable copy charge not exceeding the estimated cost of production and reproduction. See Colorado’s Annual Disclosure and the Colorado records article.

Colorado real estate contract forms and seller-disclosure duties relating to association documents come from Colorado Real Estate Commission rules, not CCIOA. CICSC has not reviewed those rules for this article.

Common Mistakes & Pitfalls

Counting business days. The § 316(8) period is stated in calendar days.
Issuing from a stale ledger. The statute makes the statement binding on the association, the board, and every owner. A late-posted special assessment or an unapplied payment can change the figure.
Leaving the fee list out of date. The status-letter charge belongs on the current § 317(1)(h.5) transfer-fee list. Section 317(1)(h.5) contemplates a current list.
Assuming Texas or Florida rules carry over. Colorado has no statutory resale-certificate content list and no statutory status-letter fee cap in the 2024 text. Its deadline and consequence are its own.

Frequently Asked Questions

What is a Colorado HOA status letter?
The common name for the written statement of unpaid assessments under § 38-33.3-316(8), furnished on a written request delivered personally or by certified mail to the registered agent. How it applies to a particular transfer is a question for counsel.
How fast must it be delivered?
Section 316(8) states 14 calendar days after receipt of the request.
What if it is late?
Section 316(8) provides that if no statement is furnished, the association has no right to assert a lien for unpaid assessments due as of the request date. The effect on a specific transaction is a question for counsel.
Is there a fee cap?
The 2024 CCIOA text contains no dollar cap. Section 302(1)(l) refers to reasonable charges, and § 317(1)(h.5) to a current list of sale-related fees. Later amendments are possible; confirm with counsel.
Does Colorado have a resale certificate like Texas?
The 2024 CCIOA text contains no Texas-style resale certificate; former § 223 is repealed. The § 209.4 disclosures and § 317 records cover much of the same information.

Key Takeaways

  1. Section 316(8) runs 14 calendar days from receipt of a written request delivered to the registered agent; boards commonly make sure the agent knows where to forward requests.
  2. The statement is binding once furnished, so boards commonly reconcile the ledger before it issues.
  3. Charges are “reasonable” under § 302(1)(l), with no dollar cap in the 2024 text, and appear on the § 317(1)(h.5) fee list.
  4. The § 209.4 disclosures and § 317 records supply much of the rest of what buyers ask for.

References & Sources

  1. C.R.S. § 38-33.3-316(8) — Statement of unpaid assessments. Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
  2. C.R.S. § 38-33.3-302(1)(l), (3)(a) — Charges for statements; managers subject to CCIOA (same source).
  3. C.R.S. § 38-33.3-317(1)(h.5), (1)(k), (2), (4) — Records; transfer-fee list; inspection (same source).
  4. C.R.S. § 38-33.3-209.4 — Annual disclosures (same source).
  5. C.R.S. § 38-33.3-209.5(1.7)(c), (8)(b) — Monthly statements; no fee for statement of total owed (same source).
  6. C.R.S. § 38-33.3-117 — Pre-1992 communities (same source).
  7. C.R.S. § 38-33.3-223 — Sale of unit (repealed) (same source).
  8. HB 21-1229, HOA Governance Funding Record Keeping, Session Laws 2021, ch. 409 (adds § 317(1)(h.5)). leg.colorado.gov/bills/hb21-1229

Related Resources & Additional Reading from the CIC-SC Library

Tags: Colorado status letter · statement of unpaid assessments · C.R.S. 38-33.3-316(8) · 14 calendar days · transfer fees · § 317(1)(h.5) · resale disclosure · CCIOA · Colorado HOA closing

Disclaimer. This article is published by the Common Interest Community Standards Council for educational and informational purposes only. It is not legal advice and does not establish an attorney-client relationship. Statutory references and procedural frameworks are intended to support informed governance, not to substitute for advice from qualified Colorado legal counsel. Boards and managers should consult their association’s attorney about the application of any statute, governing-document provision, or transfer decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.

Published by the Common Interest Community Standards Council (CICSC). Part of the CICSC Member Education Library. © 2026 CICSC. Educational use permitted with attribution.

Notice: CICSC provides educational resources, governance standards, and practical advisory support. CICSC does not provide legal advice, accounting advice, tax advice, engineering advice, insurance advice, or reserve study services. Board members and associations should consult qualified professionals for matters requiring professional judgment or legal interpretation.