Colorado Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment

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US-01186BG
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Description

A subdivision is the development and division of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the purpose of establishing or creating a subdivision through sale, lease, or building development. The developer will generally file a document called a Declaration of the Covenants and Restrictions of (Name of Subdivision). This Declaration is normally filed in the land records of the county where the subdivision is located, and will contain regulations regarding the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Because California is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.

A limited priority or super lien is created pursuant to a part of the Colorado Common Interest Ownership Act (CCIOA) ? CRS 38-33.3-316(2)(b)(1). The super lien applies for properties that are subject to a recorded declaration of covenants that includes a covenant to pay assessments.

The super lien legislation gives the HOA lien priority over a first mortgage. Colorado is one of the super lien states.

If you fail to pay your HOA assessments in Colorado, the association can most likely get a lien on your property and might foreclose on your home.

You may contact the county clerk and recorder's office for more information on how to view their real estate records to determine whether a lien has been filed against your real property.

Lien Priorities in Colorado Real Estate Taxes ? First Lien. Real estate taxes have priority over all other liens.

This bill proposes to create task forces to examine issues impacting certain homeowners' rights in HOAs and metro districts, including fining authority (or for metro districts, tax levying authority) and practices, foreclosure practices, and communications with homeowners. Introduced January 23, 2023.

Stat. § 13-52-102(2)(b)(I) and (II) (referencing 6 years to execute a county court judgment and restitution judgments that can be executed on at any time until paid). Generally, a lien of judgment expires six years after the entry of judgment unless revived. Colo.

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Colorado Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment