The Colorado Supreme Court granted certiorari Monday in a case that could significantly impact liability standards for homeowners associations across the state when unit owners' guests are injured on common property.
In *Twin Shores Master Owners Association, Inc. and Hammersmith Management, Inc. v. Tiffani Willis* (No. 25SC286), the high court will review whether the Colorado Court of Appeals erred in holding that unit owners' guests automatically qualify as 'invitees' under the Colorado Premises Liability Act when injured in common areas owned and controlled by HOAs.
The case stems from an incident involving respondent Tiffani Willis, who was apparently injured while visiting a unit owner at the Twin Shores development. The specific details of Willis's injury are not disclosed in the certiorari order, but the legal question centers on her status under Colorado's premises liability framework.
Under Colorado's Premises Liability Act, codified at section 13-21-115 of the Colorado Revised Statutes, property owners owe different levels of care depending on whether an injured person is classified as a trespasser, licensee, or invitee. Invitees receive the highest level of protection, with property owners owing them a duty to exercise reasonable care to protect against known dangers and to inspect the premises for unknown hazards.
The Colorado Court of Appeals had ruled in Willis's favor, determining that as a unit owner's guest in common areas, she qualified for invitee status under the statute. This classification would subject Twin Shores Master Owners Association and its management company, Hammersmith Management, to heightened liability standards.
The homeowners association and management company petitioned the Supreme Court to review this determination, arguing that the appeals court's interpretation of invitee status was too broad. The Supreme Court's decision to grant certiorari suggests the justices view this as an important question of state law that requires clarification.
The case has potentially wide-ranging implications for Colorado's extensive network of homeowners associations and condominium developments. If the Supreme Court upholds the Court of Appeals decision, HOAs could face increased liability exposure and potentially higher insurance costs when guests are injured on common property like walkways, parking areas, recreational facilities, and landscaped areas.
Conversely, if the Supreme Court reverses the appeals court, it could limit the circumstances under which guests can claim invitee status, potentially making it more difficult for injured visitors to recover damages from HOAs and management companies.
The distinction between licensee and invitee status has been a source of ongoing litigation in Colorado premises liability cases. Generally, a licensee is someone who enters property with the owner's permission for their own purposes, while an invitee enters for purposes related to the property owner's business or for mutual benefit. The classification often depends on the specific circumstances of the visit and the relationship between the parties.
In the HOA context, this classification becomes complex because unit owners have ownership interests in common areas through their association membership, while their guests typically have no direct relationship with the HOA itself. The question of whether a guest's presence serves any business purpose of the association or provides mutual benefit has been subject to varying interpretations by lower courts.
Property law experts note that the case could also impact how HOAs approach risk management and insurance coverage. Many associations currently maintain general liability insurance that covers slip-and-fall incidents and other premises liability claims, but coverage levels and premiums could be affected depending on the court's ruling.
The Supreme Court's order notably states that certiorari was "DENIED AS TO ALL OTHER ISSUES," indicating that Willis had raised additional legal arguments that the court declined to review. The court has reframed the question to focus specifically on the invitee status determination under the Premises Liability Act.
Twin Shores Master Owners Association and Hammersmith Management will now have the opportunity to present their arguments to the state's highest court, likely focusing on limiting the scope of invitee status in HOA common areas. Willis's legal team will defend the Court of Appeals ruling that favored broader guest protections.
The case is expected to be scheduled for oral arguments in the coming months, with a decision likely by mid-2026. The ruling will provide crucial guidance for HOAs, property management companies, insurance carriers, and legal practitioners handling premises liability cases in residential developments throughout Colorado.
The outcome may also influence how other states with similar premises liability frameworks approach the question of guest status in HOA common areas, particularly as residential developments with homeowners associations continue to proliferate across the country.