Colorado Contract Series · Title & HOA Review
Colorado Title & HOA Document Review Explained
Title issues and HOA problems are two of the most common reasons deals fall apart — or buyers end up stuck with unexpected costs. Here's what you're reviewing, what to look for, and when you can walk away.
Two Separate Review Windows
Colorado's contract includes two distinct document review periods that often run concurrently with the inspection period: the Title Review Deadline and the HOA Documents Deadline. Each has its own objection deadline, and each gives you specific termination rights.
Both windows are typically 10–18 days after contract acceptance and should be tracked carefully alongside your inspection deadline.
The Title Commitment
The title company issues a title commitment — a preliminary report that shows the current state of title on the property. This document reveals any encumbrances, liens, easements, or restrictions that will affect your ownership.
Liens
Unpaid debts attached to the property — contractor liens, tax liens, judgment liens. These must be cleared before closing or they transfer to you.
Easements
Rights granted to third parties to use part of your property — utility corridors, shared driveways, neighbor access. Some are minor; others meaningfully affect use.
CC&Rs
Deed restrictions that govern what you can and can't do with the property. These survive ownership changes and can surprise buyers who didn't review them.
Boundary Discrepancies
Survey exceptions that indicate potential property line disputes. These are worth investigating with a licensed surveyor before proceeding.
HOA Document Review
For properties in an HOA, Colorado law requires the seller to provide a comprehensive package of HOA documents. This is one of the most underutilized protections in the contract — buyers who skip a careful review can inherit serious financial exposure.
Financial Statements
Is the HOA well-funded? A reserve fund below 10% of assets is a warning sign for future special assessments.
Meeting Minutes
Recent minutes reveal pending litigation, deferred maintenance, board disputes, and any major issues the community is managing.
Special Assessments
Pending or recently voted assessments can add thousands to your ownership costs. These don't always appear in the listing.
Rules & Restrictions
Rental restrictions, pet policies, parking rules, short-term rental prohibitions — all binding on you from day one of ownership.
Pending Litigation
An HOA involved in a lawsuit can face insurance complications and sudden financial demands on all members.
Delinquency Rate
High delinquency among owners weakens the HOA's financial position and can affect your ability to get financing.
Red Flags That Should Trigger Termination
An undisclosed lien the seller refuses to clear before closing.
A pending special assessment of $10,000+ that wasn't disclosed in the listing.
Active litigation involving the HOA that could affect insurance or financing.
Reserve fund so depleted it signals imminent large assessments.
Easements that prevent your intended use of the property.
"I've seen buyers skip the HOA document review and then spend the first year of ownership fighting a $15,000 special assessment they could have walked away from. These documents exist to protect you — use them."
— Eric Fitch, Kentwood Real Estate | Top 1.5% Nationally
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