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2020 Colorado Revised Statutes
Title 38 - Property - Real And Personal
Article 33.3. Colorado Common Interest Ownership Act
Editor's note: The provisions of this act are based substantially on the "Uniform Common Interest Ownership Act", as promulgated by the National Conference of Commissioners on Uniform State Laws. Colorado did not adopt article 4 concerning protection of purchasers and the optional article 5 of said uniform act concerning administration and registration of common interest communities.
Law reviews: For article, "Colorado Common Interest Ownership Act - How it is Doing", see 25 Colo. Law. 17 (Nov. 1996); for article, "When the Developer Controls the Homeowner Association Board: The Benevolent Dictator?", see 31 Colo. Law. 91 (Jan. 2002); for article, "S.B. 05-100 and 06-089--Impact on Colorado's Common Interest Communities", see 35 Colo. Law. 57 (Dec. 2006); for article, "When Homeowner Associations Borrow What Attorneys and Lenders Should Know", see 44 Colo. Law. 51 (Dec. 2015); for article, "Construction Defect Municipal Ordinances: The Balkanization of Tort and Contract Law (Part 3)", see 46 Colo. Law. 27 (Apr. 2017); for article, "Mitigating Potential Condo Conversion and Renovation Construction Defect Liabilities: Part 1", see 48 Colo. Law. 28 (Apr. 2019); for article, "Condominium Obsolescence: The Final Act or a New Beginning?", see 49 Colo. Law. 42 (Jan. 2020).
PART 1 GENERAL PROVISIONS
- Section 38-33.3-101. Short title.
- Section 38-33.3-102. Legislative declaration.
- Section 38-33.3-103. Definitions.
- Section 38-33.3-104. Variation by agreement.
- Section 38-33.3-105. Separate titles and taxation.
- Section 38-33.3-106. Applicability of local ordinances, regulations, and building codes.
- Section 38-33.3-106.5. Prohibitions contrary to public policy - patriotic, political, or religious expression - emergency vehicles - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - definitions.
- Section 38-33.3-106.8. Unreasonable restrictions on electric vehicle charging systems legislative declaration - definitions.
- Section 38-33.3-107. Eminent domain.
- Section 38-33.3-108. Supplemental general principles of law applicable.
- Section 38-33.3-109. Construction against implicit repeal.
- Section 38-33.3-110. Uniformity of application and construction.
- Section 38-33.3-111. Severability.
- Section 38-33.3-112. Unconscionable agreement or term of contract.
- Section 38-33.3-113. Obligation of good faith.
- Section 38-33.3-114. Remedies to be liberally administered.
- Section 38-33.3-115. Applicability to new common interest communities.
- Section 38-33.3-116. Exception for new small cooperatives and small and limited expense planned communities.
- Section 38-33.3-116.3. Large planned communities - exemption from certain requirements.
- Section 38-33.3-117. Applicability to preexisting common interest communities.
- Section 38-33.3-118. Procedure to elect treatment under the "Colorado Common Interest Ownership Act".
- Section 38-33.3-119. Exception for small preexisting cooperatives and planned communities.
- Section 38-33.3-120. Amendments to preexisting governing instruments.
- Section 38-33.3-120.5. Extension of declaration term.
- Section 38-33.3-121. Applicability to nonresidential planned communities.
- Section 38-33.3-122. Applicability to out-of-state common interest communities.
- Section 38-33.3-123. Enforcement - limitation.
- Section 38-33.3-124. Legislative declaration - alternative dispute resolution encouraged policy statement required.
- Section 38-33.3-201. Creation of common interest communities.
- Section 38-33.3-202. Unit boundaries.
- Section 38-33.3-203. Construction and validity of declaration and bylaws.
- Section 38-33.3-204. Description of units.
- Section 38-33.3-205. Contents of declaration.
- Section 38-33.3-206. Leasehold common interest communities.
- Section 38-33.3-207. Allocation of allocated interests.
- Section 38-33.3-208. Limited common elements.
- Section 38-33.3-209. Plats and maps.
- Section 38-33.3-209.4. Public disclosures required - identity of association - agent - manager - contact information.
- Section 38-33.3-209.5. Responsible governance policies - due process for imposition of fines - procedure for collection of delinquent accounts - definition.
- Section 38-33.3-209.6. Executive board member education.
- Section 38-33.3-209.7. Owner education.
- Section 38-33.3-210. Exercise of development rights.
- Section 38-33.3-211. Alterations of units.
- Section 38-33.3-212. Relocation of boundaries between adjoining units.
- Section 38-33.3-213. Subdivision of units.
- Section 38-33.3-214. Easement for encroachments.
- Section 38-33.3-215. Use for sales purposes.
- Section 38-33.3-216. Easement rights.
- Section 38-33.3-217. Amendment of declaration.
- Section 38-33.3-218. Termination of common interest community.
- Section 38-33.3-219. Rights of secured lenders.
- Section 38-33.3-220. Master associations.
- Section 38-33.3-221. Merger or consolidation of common interest communities.
- Section 38-33.3-221.5. Withdrawal from merged common interest community.
- Section 38-33.3-222. Addition of unspecified real estate.
- Section 38-33.3-223. Sale of unit - disclosure to buyer. (Repealed)
- Section 38-33.3-301. Organization of unit owners' association.
- Section 38-33.3-302. Powers of unit owners' association.
- Section 38-33.3-303. Executive board members and officers - powers and duties - reserve funds - reserve study - audit.
- Section 38-33.3-303.5. Construction defect actions - disclosure - approval by unit owners definitions - exemptions.
- Section 38-33.3-304. Transfer of special declarant rights.
- Section 38-33.3-305. Termination of contracts and leases of declarant.
- Section 38-33.3-306. Bylaws.
- Section 38-33.3-307. Upkeep of the common interest community.
- Section 38-33.3-308. Meetings.
- Section 38-33.3-309. Quorums.
- Section 38-33.3-310. Voting - proxies.
- Section 38-33.3-310.5. Executive board - conflicts of interest - definitions.
- Section 38-33.3-311. Tort and contract liability.
- Section 38-33.3-312. Conveyance or encumbrance of common elements.
- Section 38-33.3-313. Insurance.
- Section 38-33.3-314. Surplus funds.
- Section 38-33.3-315. Assessments for common expenses.
- Section 38-33.3-316. Lien for assessments.
- Section 38-33.3-316.3. Collections - limitations.
- Section 38-33.3-316.5. Time share estate - foreclosure - definitions.
- Section 38-33.3-317. Association records.
- Section 38-33.3-318. Association as trustee.
- Section 38-33.3-319. Other applicable statutes.
Disclaimer: These codes may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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