Variation by agreement

Colo. Rev. Stat. § 38-33.3-104, under GENERAL PROVISIONS.

Colo. Rev. Stat. § 38-33.3-104

Except as expressly provided in this article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration.

Source: L. 91: Entire article added, p. 1707, § 1, effective July 1, 1992.

ANNOTATION

Requiring a declarant's consent to amend a declaration does not violate this section because this section does not permit the declarant to control unit owners' votes. Here, the declaration could not be amended without a vote of at least sixty-seven percent of the unit owners. The declarant consent provision did not alter this requirement. Vallagio at Inverness v. Metro. Homes, 2015 COA 65, 412 P.3d 709, aff'd, 2017 CO 69, 395 P.3d 788.