As Merlin attorney Jonathan Bukowski previously discussed, the Colorado Common Interest Ownership Act (CCIOA) sets forth specific minimum insurance requirements for common interest communities, such as condominiums and homeowners associations (HOAs). These requirements are designed to ensure that common elements and, in some cases, individual units are adequately insured. 

In addition to the CCIOA, in May 2023, Colorado passed legislation establishing the Fair Access to Insurance Requirements (FAIR) Plan.1 The legislation creates a shared market plan where insurance companies pool resources to insure high-risk properties they would otherwise reject. FAIR Plans exist in over 25 states as an insurer of last resort for areas prone to natural disasters or urban decay.2  

In the context of condominium associations, the FAIR Plan can serve as a safety net if an association is unable to secure property insurance coverage due to the high-risk nature of the property. This is particularly relevant for condominiums located in areas prone to wildfires or other high-risk factors.  

The FAIR Plan provides up to $750,000 in property insurance coverage and up to $5 million in commercial property insurance to eligible individuals, businesses, and associations in Colorado. It’s important to note that the FAIR Plan is intended to be used as a last resort and provides only basic coverage.  

With the legislation now in place, Colorado is in the process of setting up a Board of Directors to manage the Fair Plan, with a deadline to submit a Plan of Operation by July 2024.3 Access to policies under this plan is not expected until early 2025.  


1 https://leg.colorado.gov/bills/hb23-1288

2 https://www.forbes.com/advisor/homeowners-insurance/fair-plans/

3 https://doi.colorado.gov/insurance-products/homeowners/renters-insurance/fair-access-to-insurance-requirements-fair-plan

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Photo of Matthew Stalcup Matthew Stalcup

Matthew “Matt” Stalcup is an attorney in the firm’s Denver office. His practice focuses on first-party property insurance claim disputes and bad faith insurance litigation. Matt is deeply committed to safeguarding his clients’ interests and ensuring they receive the full benefits they are…

Matthew “Matt” Stalcup is an attorney in the firm’s Denver office. His practice focuses on first-party property insurance claim disputes and bad faith insurance litigation. Matt is deeply committed to safeguarding his clients’ interests and ensuring they receive the full benefits they are entitled to under their insurance policies.

Born in New Mexico and raised in Western Colorado, Matt later attended Colorado State University, graduating with a bachelor’s degree in business administration. Matt has a professional background in construction, specializing in water and fire restoration. He has held several general contractor’s licenses and has hands-on experience in a variety of projects, ranging from residential to commercial properties. This exposure equipped him with a deep understanding of the technical aspects of construction and the restoration process.

Matt also has several years’ experience serving as a public adjuster and insurance appraiser. During his time as a public adjuster, Matt helped policyholders settle a range of claims, including multi-million dollar commercial, property owners’ association, and high-end residential insurance claim disputes. His experience also extends to managing business interruption claims, providing thorough support to business owners through the claims process. In addition, he has earned several restoration industry and construction estimating accreditations.

Matt’s dedication to assisting policyholders led him to return to law school. This decision was fueled by his desire to further empower policyholders in obtaining fair treatment and the fullest protection of their rights due under their insurance policy. His legal education, combined with his experience in the construction and insurance industries, uniquely positions him to offer effective advocacy for those navigating complex insurance claim disputes. While attending law school, Matt had the opportunity to work with Merlin Law Group, assisting with Colorado wildfire claims and other large insurance losses. Matt graduated with honors from Mitchell Hamline School of Law. He now embraces his role as an attorney at Merlin Law Group.