Higher Fees for a Non-Resident Owner in Colorado

Hi Kenneth,

The calculation of assessments depends on the allocations outlined in the declaration as per the Colorado Common Interest Ownership Act Section 38-33.3-315(2). You may be charged higher because the allocation for your lot is higher (some governing documents may base allocations on square footage) or you have access to limited common elements. Kindly verify these by checking the governing documents and asking your board for clarification regarding allocation.

Section 38-33.3-315(6) also states that unit owners cannot be exempt from payment by waiver of the use or non-use of common elements, or by abandonment of the unit. Hence, it does not matter whether the homeowner is a resident or not. For further guidance, kindly consult a lawyer.