Understanding a Law That Protects Civic Participation
In 2021, Colorado adopted what is commonly known as an Anti-SLAPP law — formally titled a statute protecting individuals from “Strategic Lawsuits Against Public Participation.”
Despite the technical name, the purpose is simple:
To prevent powerful institutions or individuals from using legal threats or legal action to silence people who are engaging in lawful speech or civic participation on matters of public concern.
This includes:
- Speaking to legislators
- Testifying on bills
- Writing about public policy
- Participating in regulatory processes
- Raising governance concerns
- Educating others about the law
Anti-SLAPP laws exist because courts recognized a pattern:
People and organizations were being intimidated into silence not because they were wrong — but because defending a lawsuit is expensive and exhausting.
Colorado’s law helps restore balance by protecting people who engage in good-faith public participation.
How Anti-SLAPP Works in Colorado
Under Colorado law, a person is protected when their speech or participation relates to:
- A public issue
- Legislative, regulatory, or judicial processes
- Matters affecting a broader community
- Consumer protection or governance
- Civic education and advocacy
If someone attempts to use legal action to punish or silence that participation, the law allows the targeted individual to seek early dismissal and, in many cases, recover legal costs.
The law does not protect:
- Defamation
- Threats
- Harassment
- False statements of fact
It protects lawful civic engagement — not misconduct.
Why This Matters for Homeowners and HOAs
Homeowners’ associations occupy a unique space:
They are private nonprofits
But they regulate people’s homes, finances, and property rights.
That makes homeowner participation in governance and public policy especially important.
Anti-SLAPP protections ensure that:
- Homeowners can speak about HOA governance without fear
- Citizens can work with legislators on reform
- Policy discussions aren’t converted into legal intimidation
- Transparency and accountability remain possible
Importantly, Anti-SLAPP is not “anti-HOA.”
It protects everyone’s right to participate in public discourse, including board members, managers, and homeowners alike.
My Interest in Anti-SLAPP and Civic Participation
Over the past several years, I have engaged in legislative and civic advocacy related to HOA governance, consumer protection, and administrative law.
That work has included:
- Testifying on legislation
- Proposing amendments
- Working with lawmakers across multiple sessions
- Supporting, opposing, or refining bills based on substance
- Advocating for due process, proportional enforcement, and transparency
This work did not begin as political or ideological — it emerged from learning how law actually governs HOAs and how often misunderstandings or structural gaps drive conflict unnecessarily.
For those interested, I’ve made a summary of that legislative work available here:
Biographical History – Andrew Mowery (Legislative Testimony and Civic Advocacy)
It is provided for informational purposes only and reflects public testimony and civic engagement, not allegations against any individual or organization.
Why I’m Sharing This With My Neighbors
This site exists to promote:
- Transparency
- Informed participation
- Respectful governance
- Legal literacy
Understanding laws like Anti-SLAPP helps all of us — board members and homeowners alike — participate in our community more confidently and constructively.
Whether you serve on the Board, attend meetings occasionally, or simply want to understand your rights and responsibilities better, knowing how participation is protected benefits everyone.
Learn More
If you’d like to read the statute itself, it is codified at:
C.R.S. §13-20-1101 – Strategic Lawsuits Against Public Participation
Additional resources:
- Colorado Judicial Branch summaries
- Colorado Bar Association civic participation guides
- Legislative history of the 2021 Anti-SLAPP bill
I plan to periodically post articles explaining laws that affect homeowners, associations, and community governance — not to litigate disputes, but to promote informed and constructive participation.
Final Note
Healthy communities depend on people who are willing to learn, participate, and speak up — respectfully and lawfully.
Anti-SLAPP laws exist to protect that civic role.