Condos, townhomes and HOAs: who owns, insures and pays for the roof

If you live in a condo, townhome or HOA neighborhood, the roof question has two layers. First, who owns and maintains the roof? Second, whose insurance pays when hail hits it? In Colorado both answers start with your community's declaration, often called the CC&Rs.

The state law behind it is the Colorado Common Interest Ownership Act (CCIOA), C.R.S. 38-33.3. This page covers what it says about roofs and insurance as of October 2026. It's general information, not legal advice; for a dispute, an attorney who handles community associations can read your documents.

Start with your declaration

CCIOA's default is simple. Under C.R.S. 38-33.3-307(1), the association maintains, repairs and replaces the common elements, and each owner does the same for their own unit. That default applies "except to the extent provided by the declaration," so the declaration's definitions of unit, common element and limited common element are what matter.

Here's how it commonly shakes out. These are patterns, not rules; your documents decide.

To find the answer for your unit, get the recorded declaration and any plat or map from your association or the county clerk. Look for the definition of "unit," the list of limited common elements, and the insurance article.

What CCIOA requires of the association's insurance

For communities covered by C.R.S. 38-33.3-313, the main rules are:

• Property coverage on the common elements, broad form, for the full insurable replacement cost less deductibles, "to the extent reasonably available." That's 313(1)(a).
• Stacked units are included. In buildings where units have horizontal boundaries, the association's policy must cover the units too, but not finished interior surfaces. That's 313(2).
• You must be told if coverage lapses. If the required insurance isn't reasonably available, or is canceled or not renewed without a replacement, the association must promptly notify all owners by hand or mail (313(3)).
• The association's policy pays first when your own policy covers the same risk (313(4)(d)).
• Money goes to repairs. Losses are adjusted through the association, and proceeds are held in trust and used first to repair or restore. Damaged insured property must be repaired promptly, with limited exceptions such as a 67% vote not to rebuild. Repair costs beyond the proceeds and reserves are a common expense (313(5) and (9)).
• Owners still need their own policy. The association's insurance "does not obviate the need" for owners to insure (313(7)).

You can see the policies. The annual disclosure required by C.R.S. 38-33.3-209.4(2)(f) must list every association policy with the company, limits, deductibles, named insureds and expiration date. Find it on the association's website or ask the manager.

Master policy vs. HO-6

The association's master policy covers the common areas and the building structure, such as the roof and exterior walls, plus liability for the common areas. The Division of Insurance describes two broad types:

• "All-in" also covers fixtures inside the units, such as cabinets and built-ins.
• "Bare walls-in" covers only the exterior and common areas.

Your HO-6 (unit owners policy) covers your belongings, your liability, and the parts of the unit the master policy doesn't, typically from the walls in. It also carries loss assessment coverage, which is the piece that matters most after hail. If your association shifts something, such as windows, onto owners, raise the structure limit on your HO-6 to match.

The deductible problem and loss assessment coverage

This is where hail gets expensive. The Division of Insurance says HOA master-policy deductibles are rising from 5% to 10%. On a large community, that can be millions of dollars, and it gets passed to owners.

Under C.R.S. 38-33.3-313(6), an association can adopt written, nondiscriminatory procedures for claims and deductibles. It can charge the full deductible to an owner whose negligence caused the loss or who benefits from the repair. When one storm damages many units, it can assess each owner a reasonable pro rata share. The Division of Real Estate adds that if the documents are silent, the board should adopt a written policy and apply it the same way every time.

Real Colorado numbers show the scale. After an August 2024 hailstorm, owners at a 150-home townhome community in Colorado Springs were assessed $20,752.12 each toward a $3.1 million deductible, according to KOAA. In 2024, a Castle Rock paired-home association billed owners about $13,240 each, and some owners' HO-6 claims for it were denied, CBS Colorado reported.

How loss assessment coverage works

• The default limit is low. The Division of Insurance says many policies cap loss assessment for deductibles at $1,000. An insurance industry reference puts the usual HO-6 loss assessment limit at $2,000. You can usually buy more with an endorsement.
• Watch for special limits. Some policies cap assessments that come from a master-policy deductible below the loss assessment limit you bought. KRDO reported in March 2026 on Colorado policies that capped deductible assessments at as little as $2,000, even for owners who had bought a higher loss assessment limit, and that the Division has received more than 200 loss-assessment complaints since 2019.
• Timing can strand you. Some policies pay based on the date of loss and others on the date of the assessment. The Division warns that switching insurers between the storm and the assessment can leave you with no coverage.
• Match it to the declaration. Check the current master deductible, and the maximum your declaration allows, then set your coverage to the higher number. Review it every renewal.

The deductible calculator can turn a percentage deductible into dollars. Divide the association's figure by the number of units, or use your declaration's allocation, to estimate your share.

Claiming under the association's policy yourself

If damage you believe the association should insure isn't being handled, C.R.S. 10-4-110.8(5) lets a unit owner file a claim under the association's policy as if they were the named insured. You must first:

1. Contact the executive board or managing agent in writing, following any association claim procedures.
2. Give the association at least 15 days to respond in writing and, if asked, a reasonable chance to inspect.
3. Make sure the claim falls within the association's insurance responsibilities.

The same subsection says the association's insurer can't use an owner's request for coverage clarification when setting the association's premium.

When the board decides on a reroof or a claim

Boards make the call on common-element roofs. Owners can't veto a necessary repair, but CCIOA gives you real ways to see and shape the decision:

• Open meetings and a chance to speak. Board meetings are open to owners, and you may speak on an issue before the board votes, within reasonable time limits (C.R.S. 38-33.3-308(2.5)).
• Records. Under C.R.S. 38-33.3-317, you can inspect the most recent reserve study, current contracts and those from the prior two years, minutes and financial records. The association can require a written request 10 days ahead. A request sent by certified mail, return receipt requested, starts a 30-day deadline with penalties.
• Special meetings. Owners holding 20% of the votes, or less if the bylaws say so, can call a special meeting (C.R.S. 38-33.3-308(1)).
• Budget veto. Under C.R.S. 38-33.3-303(4), a proposed budget stands unless a majority of all owners veto it at the noticed meeting.

Things worth asking for before the vote: the inspection reports and photos, the insurer's estimate, the bids, and the roofing contract. For townhome-style buildings, Colorado's roofing contract law can apply when the association is responsible for the roof (C.R.S. 6-22-102), and then the contract must meet C.R.S. 6-22-103. Larger condo buildings may fall outside that law's definition, so ask the association's attorney. One material rule also applies: an association can't require cedar shakes or other flammable roofing (C.R.S. 38-33.3-106.5(2)). For roof choices, see materials and Class 4 shingles.

Special assessments

A special assessment is a one-time charge on top of regular dues. The Division of Real Estate's HOA Information Office explained the rules in a November 2025 forum:

• The authority to levy one must be found in the governing documents.
• In most cases the board levies it by majority vote, without an owner vote, unless the documents limit that. Owners get to speak first, and the vote goes in the minutes.
• Most communities then follow the CCIOA budget ratification process, which includes the owner veto.
• Assessments can be due on notice or in installments. The office recommends a structured payment plan over a lump-sum demand.
• Costs for a limited common element, such as a roof assigned to certain units, can be charged only to those units if the declaration requires it (C.R.S. 38-33.3-315(3)).

If you think an assessment breaks the declaration, put your objection in writing, ask for the calculation and the documents behind it, and talk to an attorney before the due date. Unpaid assessments can lead to liens and fees.

Questions to ask the board

• Who owns and insures my roof under the declaration: the association or me?
• What is the master policy's wind and hail deductible, in dollars, and how is it split among owners?
• Is the master policy "all-in" or "bare walls-in"?
• Do reserves cover the deductible, or would a storm mean a special assessment?
• When were the roofs last inspected, and can owners see the report?
• What's the claims process, and who decides whether to file?
• What roof materials does the association require, and has it priced impact-resistant options?
• How often does the board review insurance, and when does the policy renew?

And for your insurance agent

• Does my loss assessment limit cover my share of the master deductible at its maximum?
• Is there a special or lower limit for assessments that come from a deductible?
• Does my policy pay based on the date of loss or the date of assessment?
• If the roof is mine, is it covered at replacement cost or actual cash value?

For hail claims on your own policy, see insurance in plain English and should I file a claim? If you're buying a unit, buying or selling covers what to ask before closing.

Common questions

Who is responsible for the roof on a townhome in Colorado, me or the HOA?

Your declaration (the CC&Rs) decides. Under C.R.S. 38-33.3-307, the association maintains common elements and owners maintain their units, except as the declaration provides. Some townhome declarations make the roof a common element the association insures; others make it part of your unit, which you insure yourself.

Can my HOA charge me part of its insurance deductible after a hailstorm?

Often, yes. C.R.S. 38-33.3-313(6) lets an association adopt written, nondiscriminatory deductible procedures and, when one loss damages several units, assess each owner a reasonable pro rata share. Your governing documents and that policy control the details.

Does my HO-6 policy cover an HOA hail deductible assessment?

Only through loss assessment coverage, and only up to its limit. The Division of Insurance says many policies cap deductible assessments at $1,000, and some carry special limits on them. Check your declarations page and raise the limit before the next storm.

Can I file a claim on the HOA's master policy myself?

In some cases. Under C.R.S. 10-4-110.8(5), a unit owner can claim under the association's policy if they first wrote to the board or managing agent, gave it at least 15 days to respond and inspect, and the damage falls within the association's insurance responsibility.

Can my HOA levy a special assessment for roofs without a vote?

Usually the board can, by majority vote, if the governing documents authorize special assessments. Owners must be allowed to speak before the vote, and most communities must then run the budget ratification process, where a majority of all owners can veto.