Hearn & Fleener, Construction Attorneys
● HOAs.

Homeowner
Associations.

Clear answers for HOA boards and community managers.

Request a Free Inspection Our Process
Illustration of a Colorado HOA neighborhood with homes, a clubhouse pool, trails and the Rocky Mountains behind
Recognized by Best Lawyers.For HOA boards, clear answers matter most.
For HOA Boards.

Clear Answers.
Confident Boards.

When defects affect your community, your board has to make big decisions on behalf of every homeowner. We help you understand the problem, your responsibilities, and your options.

40+

Years of focus.

Four decades spent on one thing: how buildings are built, and how they fail.

65%

Owner approval to file.

Colorado law requires owner approval before an HOA files a claim. We help your board through it.

$450M+

Recovered for clients.

Won for Colorado homeowners, HOAs and property owners across the state.

$0

To find out.

Our Four-Step Process is free, with no obligation for your board afterward.

Colorado Law.

Why Defects Hit
HOAs Differently.

Colorado adds extra steps for HOAs. These are the numbers every board should know before deciding on a claim.

00165%

Owner approval to file.

Colorado requires at least 65% owner approval before an HOA can file a claim.

00275

Days of notice.

Builders get 75 days’ written notice under Colorado law before a residential claim is filed.

0032

Years to act after discovery.

Colorado’s limit generally runs two years from when a defect is discovered.

004$0

To find out.

Our Four-Step Process is free, with no obligation for your board afterward.

Felt miniature houses around a voting check-mark sign and a gavel
The Board’s Role.

What’s expected of the board.

The same crack or leak means something very different in a shared community. Repairs can drain the reserve fund or lead to a special assessment, so the board has to act for every homeowner. These are the duties we help you through. Hover one to learn more.

Request a Free Inspection Board Duties.
Track RepairsTrack RepairsLog recurring repairs, leaks and complaints. A pattern can point to a defect.
Watch the DeadlinesWatch the DeadlinesColorado’s limits generally run two years from discovery, so timing matters.
Win Owner ApprovalWin Owner ApprovalAt least 65% owner approval is needed before the HOA can file.
Get Advice EarlyGet Advice EarlyBring in qualified legal and expert guidance before problems grow.
Notify Every OwnerNotify Every OwnerColorado requires written notice to all owners before a claim is filed.
Decide for EveryoneDecide for EveryoneMake well-informed decisions on behalf of every homeowner.
Protect the ReserveProtect the ReserveAvoid draining reserves on fixes the builder should pay for.
Hold a MeetingHold a MeetingOwners are invited to hear the facts and ask questions before any vote.
Take ActionTake ActionLook to the builder, not residents, to pay for problems it caused. Call (303) 993-6835.

What Happens If
You File a Claim.

What’s required in Colorado.

Filing a claim as an HOA.

It starts with assessing your community through our free Four-Step Process. If the board wants to pursue a claim, Colorado law adds a few steps just for HOAs.

See Our Four-Step Process
Step 01

Four-step process.

We investigate your property and give your board a clear, plain-language report.

Step 02

Notify owners.

The board then notifies every unit/homeowner and the builder or developer of the issue(s).

Step 03

Community meeting.

The board and the builder each present the facts. The builder may offer to fix the problems.

Step 04

Owner vote.

At least 65% of all unit owners, not just the board, must approve the claim.

Step 05

File the claim.

With owner approval, the claim moves forward, and we guide you through each stage from there.

FAQsAnswers to Your Questions

Questions HOA boards ask.

Pick a topic. Plain answers to the questions we hear most.

How do we know if a problem in our community is a construction defect?

Not every repair means something was built wrong. Normal wear and tear happens to every building. Signs that point to a defect include the same repair coming back again and again, similar problems showing up in several buildings, or major issues appearing within the first several years. Our free inspection is the easiest way to find out, and it doesn't commit your board to anything.

Our community is a few years old. Is it too late to do anything?

Maybe not, but timing matters. Colorado generally gives you two years from when a defect is discovered to file a claim. It also sets a final cutoff, usually six years after construction was finished, with a possible extension to eight years for problems found late in that window. Because the exact dates depend on your community, it's worth asking us to look at them early.

Should we keep making repairs while we figure this out?

Yes. Safety issues should never wait. Before and after any repair, take photos and keep invoices and reports, because these records help show what was wrong. If you're planning a large repair project, talk with us first so important evidence isn't lost.

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Let’s Talk About
Your Property.

Free and confidential. Colorado sets deadlines for these claims, so the sooner you reach out, the more options you’ll have.

Sending this form doesn’t create an attorney-client relationship.