Colorado's Supreme Court will decide whether a unit owner's guest is an invitee as to the HOA
Colorado's Supreme Court will decide whether a unit owner's guest is an invitee as to the HOA
2026-09-10 · Colorado · Courts · Pending — not yet law
The Colorado Supreme Court has agreed to decide whether a unit owner's guest, injured in common elements the association owns and controls, is an invitee as to the association under the Premises Liability Act. Certiorari was granted en banc on Monday, January 12, 2026 in Twin Shores Master Owners Association, Inc. and Hammersmith Management, Inc. v. Tiffani Willis, No. 25SC286, from Court of Appeals case No. 24CA369.1
Nothing has been decided. We report what the court agreed to consider, and we do not predict the outcome.
The question, as the court framed it
The court reframed the issue and took one question only. Quoted verbatim from the case announcement sheet:
“[REFRAMED] Whether the division erred in holding that as to an association, a unit owner's guest is afforded invitee status under the Premises Liability Act, section 13-21-115, C.R.S. (2025), in areas that are part of the common elements owned and controlled by the association.”
And: “DENIED AS TO ALL OTHER ISSUES.”
What the Court of Appeals held below
The division below held that a unit owner's guest injured in common elements owned and controlled by a common interest community association is an invitee — the highest duty class under the Premises Liability Act — and reversed summary judgment that had been entered for the association and its management company.
Under the Act, a landowner owes an invitee a duty not to unreasonably fail to exercise reasonable care to protect against dangers of which the landowner actually knew or should have known. That is a materially heavier duty than the one owed to a licensee or a trespasser.
Why the second petitioner matters
Hammersmith Management, Inc. is a co-petitioner alongside the association. That puts the management company's exposure in the same case — not merely the association's — which is unusual and which is why it matters to managers as well as boards.
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Related Colorado HOA Topics
- Colorado Supreme Court Case Announcements, Monday, January 12, 2026 — the granted issue in No. 25SC286, quoted verbatim ↩
- Kritzer v. Qwest Corp., 2025COA54 (Colo. App. May 29, 2025) — slip opinion, Colorado Judicial Branch ↩
- Colorado Court of Appeals case announcement sheet, May 29, 2025 — confirming 2025COA54, panel and disposition ↩
- HB24-1108 Final Report: Analysis of HOA & Lodging Facilities in Colorado, Lewis & Ellis for the Colorado Division of Insurance ↩
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