Homeowner Associations
When a builder fails a Colorado homeowner association, the consequences ripple through every home in the community. Cracked foundations, leaking roofs, failing balconies, and repair bills that threaten to drain reserve funds or force painful special assessments on residents who already paid for a home that should have been built right.
At Hearn & Fleener, representing HOAs is the core of our practice. For over 40 years we have been Colorado's most trusted construction defect law firm for homeowner associations, condominium communities, and townhome developments. We have successfully represented more than 250 Colorado HOA communities and recovered over $450 million on their behalf. Enough to fund lasting repairs without a single dollar of upfront cost to the association or its residents.
We work exclusively on a contingency fee basis, which means we advance all engineering, expert, and legal costs ourselves. Your reserve funds are never touched. We only get paid when your community recovers.
Construction Defect Legal Services for Colorado Homeowner Associations.
HOMEOWNER ASSOCIATION DEFECT EXPERTS
Colorado’s Premier Construction Defect Attorneys for HOAs & Community Associations.
As a member of an HOA Board of Directors or a community manager, you carry a vital fiduciary responsibility: to protect the safety, financial health, and long-term value of your community. When poor builder workmanship, failing materials, or negligent design threatens your condominiums, townhomes, or single-family community, the financial and legal pressure on your board can feel immense.
Unmatched Track Record.
We have successfully represented over 250 condominium communities and recovered more than $450 million for our clients.
Top Rated.
Our partners are consistently recognized by The Best Lawyers in America® and Super Lawyers, specifically for Construction Litigation.
Protecting the Rights of HOA Communities.
Capital.
Our ultimate goal is to fund your community's repairs entirely through the builder's liability, protecting your reserve funds and preventing the need for crippling special assessments.
Beyond the Courtroom.
We don't just win settlements, we proudly assist our clients post-litigation. We help your board navigate the repair phase, prioritize triage repairs, and connect you with trusted, independent construction experts.
As a member of a Homeowners Association (HOA) Board of Directors or a community manager, you are tasked with a vital fiduciary duty: maintaining the safety, value, and financial stability of your community. When poor builder workmanship, failing materials, or negligent design threaten your condominiums, townhomes, or single-family community, the burden can feel overwhelming.
At Hearn & Fleener, we exclusively focus on plaintiff construction defect litigation. For decades, we have been the trusted partner for community associations across Denver, the Front Range, and mountain communities. Our mission is simple: hold developers and builders accountable so that your association can make necessary repairs without passing the financial burden onto your residents.
Your Partner in discovering, communicating, & litigating construction defects.
Our No-Cost, Four-Phase Evaluation Process for Colorado HOAs
We understand that HOA boards operate on tight budgets and answer to their residents for every dollar spent. That is why our entire investigation and evaluation process, from the first site visit to the final written report, is provided at absolutely no cost and no obligation to your association. Here is exactly what our process looks like for HOA clients:
Research & Risk Analysis.
Our attorneys review your HOA's CC&Rs, bylaws, reserve study, management agreements, and all relevant warranties and sales documents. We research the financial standing of every responsible party, identify your community's specific statute of limitations deadlines, and assess what board authorization your governing documents require to proceed with a claim.
Free On-Site Inspection.
Our team conducts a comprehensive forensic inspection of your community's structures, common areas, and all shared infrastructure roadways, retaining walls, drainage systems, and amenity structures that fall under the association's maintenance responsibility. Every defect across the entire community footprint is documented at our expense, with no cost to your association.
Construction Records Research.
We research the full construction history of your HOA community, pulling building permits, approved site plans, inspection records, and government filings for every phase of the development. For communities built in multiple phases or by multiple contractors, this research establishes exactly who was responsible for which elements and ensures no responsible party escapes accountability.
Written Report & Presentation.
We compile our findings into a written report and present them in person to your Board of Directors and management company. Every board member leaves the meeting with a clear understanding of the defects identified, the legal options available, the realistic path to recovery, and the financial implications for your reserve fund, all before your board is asked to make any decision.
Common Defects.
Community Homeowner Associations.
Colorado's climate is uniquely demanding on residential construction. Heavy snow loads, dramatic freeze-thaw cycles, high winds, intense UV exposure, and some of the most expansive clay soils in the country all conspire to expose the weaknesses in any building that wasn't constructed to code. When a builder cuts corners in Colorado, the defects don't stay hidden for long and it is almost always the HOA and its residents who are left to pay for them.
If your community is experiencing any of the following, you may have a valid Colorado construction defect claim:
Defect Types.
1
Soil
2
Roofs
3
Drainage
4
Flashing
Water Intrusion.
Leaking roofs, failing window and door seals, or water pooling on balconies and decks are among the most common and most damaging defects we see in Colorado HOA communities. Left unaddressed, water intrusion causes mold, rot, and structural deterioration that compounds in cost every year it goes untreated.
Colorado's expansive clay soils are one of the leading causes of construction defect claims in the state. When these soils are not properly managed during construction, they expand and contract dramatically with changes in moisture, causing cracked foundation slabs, heaving basement floors, bowed walls, and the distinctive patterned cracking in exterior stucco and interior drywall that signals movement beneath the surface.
Soil Movement.
Poor Drainage.
Improper grading and drainage design allows water to pool against and beneath foundations rather than draining away from the structure. In Colorado's climate, standing water around foundations accelerates soil movement and frost heave, directly threatening the structural integrity of every building in the community.
Missing or improperly installed insulation in attics and exterior walls is a pervasive defect in Colorado communities and one that is frequently overlooked until the damage becomes severe. In Colorado's harsh winters, inadequate insulation causes excessive energy loss, destructive roof ice dams, and in the worst cases, catastrophic pipe bursts that cause widespread interior damage across multiple units simultaneously.
Insulation.
Deck Rot.
Improperly sloped balconies, missing waterproof membranes, and defective deck coatings trap moisture against the building's wood framing. In Colorado's climate, this moisture cycles through repeated freeze-thaw events, accelerating the deterioration of structural supports and eventually creating serious safety hazards for residents. Deck and balcony failures are among the most urgent defects we encounter because of the life-safety risk they present.
Material Failures.
Premature deterioration of concrete flatwork, asphalt, and exterior cladding materials, including stucco systems that were improperly mixed or applied, is a common sign that a builder used substandard materials or installation practices. Failing fire suppression systems are another category we see frequently, and one that carries both significant safety risk and substantial repair cost for HOA communities.
Successful Case Results.
Every HOA community is unique with different builders, different defects, different financial pressures but our commitment to maximizing recovery for every client remains constant. The following are real results we have achieved for Colorado HOA communities. In each case, the association paid nothing out of pocket, and the funds recovered were used entirely for permanent repairs.
The Hearn & Fleener Advantage: Proven Results for our Clients
Broomfield.
A 98-home condominium community in Broomfield discovered leaking flat roofs, failing concrete, and improperly constructed balconies and the national builder refused to provide any assistance. Hearn & Fleener documented the defects, worked with the community to authorize a claim, and navigated mandatory arbitration to secure an $8.5 million award, significantly more than the builder had been willing to offer. The funds allowed the association to make lasting repairs without a single special assessment.
Colorado Springs.
An 80-home stucco rowhome community of retirees in Colorado Springs was dealing with serious trip hazards in common areas, widespread waterproofing failures, and inadequate insulation throughout the development. Hearn & Fleener resolved the case with a substantial confidential settlement within 18 months, fully funding the repairs the builder had refused to make.
Denver Tech Center.
A high-end condominium community in the Denver Tech Center with ground-level retail space was experiencing extensive flat roof failures and dangerous conditions in its subterranean parking garage. When settlement negotiations stalled, Hearn & Fleener took the case to trial and secured a $6 million jury verdict for the HOA, a result the builder's attorneys never expected.
Aurora.
A townhome community in Aurora was experiencing severe foundation heaving and warped framing throughout the development, the direct result of the builder's failure to properly prepare and manage the highly active clay soils beneath the site. Hearn & Fleener proved the builder's negligence and secured $12 million for the HOA to install stabilizing micropiles and make permanent structural repairs across the entire community.
Centennial.
Failing retaining walls and severe surface water pooling threatened the foundations of an entire single-family community in Centennial. Hearn & Fleener demonstrated that the developer had deviated from the approved grading and drainage plans during construction, recovering the funds needed to completely rebuild the community's infrastructure, without a special assessment.
Golden.
After repeated water intrusion reports from residents of a community in Golden, Hearn & Fleener's forensic team uncovered missing flashing and weather barriers concealed behind the development's stone veneer cladding. Armed with that evidence, we compelled the developer to settle out of court, fully funding an exterior remediation project before further wood rot could spread through the community's framing.
Time is the single most important factor in a Colorado HOA construction defect claim. Colorado law imposes strict statutes of limitations and statutes of repose, hard legal deadlines that, once passed, permanently bar your association from pursuing a claim no matter how clear the builder's liability may be. In many cases, the clock starts running from the date of substantial completion of the construction, not from the date your community first noticed a problem.
This means that communities which delay action, even with the best intentions of gathering more information or waiting to see if the problem gets worse, can inadvertently forfeit their legal rights entirely.
The good news is that getting started costs your community nothing. A call to Hearn & Fleener sets our free four-phase investigation in motion and gives your Board the facts, the legal analysis, and the professional recommendations it needs to make a fully informed decision. You will know exactly where you stand, what your options are, and what the realistic path to recovery looks like, all before committing to anything.
Don't let a builder's deadline become your community's problem. Contact us today.
Take the First Step in Protecting Your Community Before Time Runs Out.
If your community is showing signs of construction defects or if you simply aren't sure, don't wait. Contact Hearn & Fleener today to schedule your free, confidential inspection and report. No cost, no obligation, no special assessments, and no risk to your reserves. Just experienced Colorado HOA construction defect attorneys ready to fight for your community.