1. (1) There is created, within the division, the HOA information and resource center, the head of which is the HOA information officer. The HOA information officer shall be appointed by the director.
2. (2) The HOA information officer shall be familiar with the Colorado Common Interest Ownership Act, article 33.3 of title 38, also referred to in this section as the act. The director shall not appoint as the HOA information officer a person who is or, within the immediately preceding ten years, has been licensed by or registered with the division or who owns stocks, bonds, or any pecuniary interest in a corporation subject in whole or in part to regulation by the division. In addition, in conducting the search for an appointee, the director shall place a high premium on candidates who are balanced, independent, unbiased, and without any current financial ties to an HOA board or board member or to a person or entity that provides HOA management services. After being appointed, the HOA information officer shall refrain from engaging in conduct or relationships that would create a conflict of interest or the appearance of a conflict of interest.

3. (3)

   1. (a) The HOA information officer shall act as a clearing house for information concerning the basic rights and duties of unit owners, declarants, and unit owners' associations under the act by:

      1. (I) Compiling a database about registered associations, including the name; address; email address, if any; website, if any; and telephone number of each;

      2. (II) Coordinating and assisting in the preparation of educational and reference materials, including materials to assist unit owners, executive boards, board members, and association managers in understanding their rights and responsibilities with respect to:

         1. (A) Open meetings;
         2. (B) Proper use of executive sessions;
         3. (C) Removal of executive board members;
         4. (D) Unit owners' right to speak at meetings of the executive board;
         5. (E) Unit owners' obligation to pay assessments and the association's rights and responsibilities in pursuing collection of past-due amounts; and
         6. (F) Other educational or reference materials that the HOA information officer deems necessary or appropriate;
      3. (III) Monitoring changes in federal and state laws relating to common interest communities and providing information about the changes on the division's website; and
      4. (IV) Providing information, including a frequently asked questions resource, on the division's website.
      5. (a.5) Repealed.

   2. (b) The HOA information officer may:

      1. (I) Employ one or more assistants as may be necessary to carry out the HOA information officer's duties; and
      2. (II) Request certain records from associations as necessary to carry out the HOA information officer's duties as set forth in this section.

   3. (c)

      1. (I) The HOA information officer shall track inquiries and complaints and report annually to the director regarding the number and types of inquiries and complaints received.
      2. (II) In addition to the information described in subsection (3)(c)(I) of this section, the HOA information officer shall report in the annual HOA report aggregated information provided by associations pursuant to section 38-33.3-401 (3.2) as part of the associations' annual registration with the director of the division.
4. (4) The operating expenses of the HOA information and resource center shall be paid from the division of real estate cash fund, created in section 12-10-215, subject to annual appropriation.
5. (5) The director may adopt rules as necessary to implement this section and section 38-33.3-401. This subsection (5) shall not be construed to confer additional rule-making authority upon the director for any other purpose.
6. (6) This section is repealed, effective September 1, 2030. Before the repeal, the HOA information and resource center and the HOA information officer's powers and duties under this section are scheduled for review in accordance with section 24-34-104.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 713, § 1, effective October 1. L. 2020: (6) amended, (HB 20-1200), ch. 188, p. 860, § 2, effective June 30. L. 2024: (3)(a.5) added, (SB 24-021), ch. 53, p. 184, § 2, effective August 7. L. 2025: (1), (2), (3)(b)(I), and (6) amended, (SB 25-184), ch. 242, p. 1227, § 2, effective May 24; (3)(c) amended, (HB 25-1043), ch. 433, p. 2497, § 1, effective October 1.

Editor's note: (1) This section is similar to former § 12-61-406.5 as it existed prior to 2019.

(2) Subsection (3)(a.5)(III) provided for the repeal of subsection (3)(a.5), effective July 1, 2025. (See L. 2024, p. 184.)

(3) Section 7(2) of chapter 433 (HB 25-1043), Session Laws of Colorado 2025, provides that the act changing this section applies to enforcement actions instituted on or after October 1, 2025.