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Colorado Statutes, Title 38

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Title 38, Property - Real and Personal

0 chapters · 1,193 sections in this title.

All chapters in Title 381,193 Ch 12114 Ch 36110 Ch 13106 Ch 33.382 Ch 3074 Ch 2953 Ch 3844 Ch 639 Ch 2235 Ch 3534 Ch 4134 Ch 126 Ch 2026 Ch 1025

82 sections·Filtered byTitle 38✕Ch 33.3✕

Colo. Rev. Stat. § 38-33.3-101 Short title
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This article shall be known and may be cited as the "Colorado Common Interest Ownership Act". Source: L. 91: Entire article added, p. 1701, § 1, effective July 1, 1992.
Colo. Rev. Stat. § 38-33.3-102 Legislative declaration
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(1) The general assembly hereby finds, determines, and declares, as follows: (a) That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities; (b) That the c…
Colo. Rev. Stat. § 38-33.3-103 Definitions
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As used in the declaration and bylaws of an association, unless specifically provided otherwise or unless the context otherwise requires, and in this article: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declara…
Colo. Rev. Stat. § 38-33.3-104 Variation by agreement
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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 t…

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Colo. Rev. Stat. § 38-33.3-105 Separate titles and taxation

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(1) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is personal property, that interest is real estate for all purposes. (2) In a condominium or planned community with common elements, each unit that has been cr…

Colo. Rev. Stat. § 38-33.3-106 Applicability of local ordinances, regulations, and building codes

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(1) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units. (2) …

Colo. Rev. Stat. § 38-33.3-106.5 Prohibitions contrary to public policy - patriotic, political, or religious expression - public rights-of-way - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - fire-hardened building materials - operation of businesses - definitions

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(1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following: (a) The display of a flag on a unit owner's property, in a window of the unit, or on a balcony adjoin…

Colo. Rev. Stat. § 38-33.3-106.7 Unreasonable restrictions on energy efficiency measures - definitions

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(1) (a) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure. (b) As used in this section, "energy efficiency me…

Colo. Rev. Stat. § 38-33.3-106.8 Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - legislative declaration - definitions

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(1) The general assembly finds, determines, and declares that: (a) The widespread use of plug-in electric vehicles can dramatically improve energy efficiency and air quality for all Coloradans and should be encouraged wherever possible; (b) Most homes in Colorado, including the v…

Colo. Rev. Stat. § 38-33.3-107 Eminent domain

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(1) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for …

Colo. Rev. Stat. § 38-33.3-108 Supplemental general principles of law applicable

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The principles of law and equity, including, but not limited to, the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coerc…

Colo. Rev. Stat. § 38-33.3-109 Construction against implicit repeal

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This article is intended to be a unified coverage of its subject matter, and no part of this article shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. Source: L. 91: Entire article added, p. 1709, § 1, effective …

Colo. Rev. Stat. § 38-33.3-110 Uniformity of application and construction

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This article shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992.

Colo. Rev. Stat. § 38-33.3-111 Severability

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If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application, and, to this end, …

Colo. Rev. Stat. § 38-33.3-112 Unconscionable agreement or term of contract

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(1) The court, upon finding as a matter of law that a contract or contract clause relating to a common interest community was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable cla…

Colo. Rev. Stat. § 38-33.3-113 Obligation of good faith

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Every contract or duty governed by this article imposes an obligation of good faith in its performance or enforcement. Source: L. 91: Entire article added, p. 1710, § 1, effective July 1, 1992. ANNOTATION Law reviews. For article, "The Business Judgment Rule and Common Interest C…

Colo. Rev. Stat. § 38-33.3-114 Remedies to be liberally administered

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(1) The remedies provided by this article shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically pro…

Colo. Rev. Stat. § 38-33.3-115 Applicability to new common interest communities

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Except as provided in section 38-33.3-116, this article applies to all common interest communities created within this state on or after July 1, 1992. The provisions of sections 38-33-101 to 38-33-109 do not apply to common interest communities created on or after July 1, 1992. T…

Colo. Rev. Stat. § 38-33.3-116 Exception for new small cooperatives and small and limited-expense planned communities

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(1) (a) Except as described in subsection (4) of this section, if a cooperative or planned community was created in this state on or after July 1, 1992, and either contains only units restricted to nonresidential use or contains no more than twenty units and is not subject to any…

Colo. Rev. Stat. § 38-33.3-116.3 Large planned communities - exemption from certain requirements

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(1) A planned community shall be exempt from the provisions of this article as specified in subsection (3) of this section or as specifically exempted in any other provision of this article, if, at the time of recording the affidavit required pursuant to subsection (2) of this se…

Colo. Rev. Stat. § 38-33.3-117 Applicability to preexisting common interest communities

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(1) Except as provided in section 38-33.3-119, the following sections apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 1992: (a) 38-33.3-101 and 38-33.3-102; (b) 38-33.3-…

Colo. Rev. Stat. § 38-33.3-118 Procedure to elect treatment under the "Colorado Common Interest Ownership Act"

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(1) Any organization created prior to July 1, 1992, may elect to have the common interest community be treated as if it were created after June 30, 1992, and thereby subject the common interest community to all of the provisions contained in this article, in the following manner:…

Colo. Rev. Stat. § 38-33.3-119 Exception for small preexisting cooperatives and planned communities

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If a cooperative or planned community created within this state before July 1, 1992, contains no more than ten units and is not subject to any development rights, or if its declaration limits its annual common expense liability to the amount specified in section 38-33.3-116 (1), …

Colo. Rev. Stat. § 38-33.3-120 Amendments to preexisting governing instruments

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(1) In the case of amendments to the declaration, bylaws, or plats and maps of any common interest community created within this state before July 1, 1992, which has not elected treatment under this article pursuant to section 38-33.3-118: (a) If the substantive result accomplish…

Colo. Rev. Stat. § 38-33.3-120.5 Extension of declaration term

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(1) If a common interest community has a declaration in effect with a limited term of years that was recorded prior to July 1, 1992, and if, before the term of the declaration expires, the unit owners in the common interest community have not amended the declaration pursuant to s…

Colo. Rev. Stat. § 38-33.3-121 Applicability to nonresidential planned communities

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This article does not apply to a planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that the article does apply to that planned community. This article applies to a planned community containing both units that are…

Colo. Rev. Stat. § 38-33.3-122 Applicability to out-of-state common interest communities

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This article does not apply to common interest communities or units located outside this state. Source: L. 91: Entire article added, p. 1714, § 1, effective July 1, 1992.

Colo. Rev. Stat. § 38-33.3-123 Enforcement - limitation

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(1) (a) If a unit owner fails to timely pay assessments or any money owed to the association, the association may require, without the necessity of commencing a legal proceeding, reimbursement for the following, in addition to the assessments or owed money: (I) Actual collection …

Colo. Rev. Stat. § 38-33.3-124 Legislative declaration - alternative dispute resolution encouraged - policy statement required

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(1) (a) (I) The general assembly finds and declares that the cost, complexity, and delay inherent in court proceedings make litigation a particularly inefficient means of resolving neighborhood disputes. Therefore, common interest communities are encouraged to adopt protocols tha…

Colo. Rev. Stat. § 38-33.3-201 Creation of common interest communities

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(1) (a) A common interest community may be created pursuant to this article 33.3 only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be: (I) …

Colo. Rev. Stat. § 38-33.3-202 Unit boundaries

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(1) Except as provided by the declaration: (a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring and any other materials constituting any part of the …

Colo. Rev. Stat. § 38-33.3-203 Construction and validity of declaration and bylaws

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(1) All provisions of the declaration and bylaws are severable. (2) The rule against perpetuities does not apply to defeat any provision of the declaration, bylaws, or rules and regulations. (3) In the event of a conflict between the provisions of the declaration and the bylaws, …

Colo. Rev. Stat. § 38-33.3-204 Description of units

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A description of a unit may set forth the name of the common interest community, the recording data for the declaration, the county in which the common interest community is located, and the identifying number of the unit. Such description is a legally sufficient description of t…

Colo. Rev. Stat. § 38-33.3-205 Contents of declaration

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(1) The declaration must contain: (a) The names of the common interest community and the association and a statement that the common interest community is a condominium, cooperative, or planned community; (b) The name of every county in which any part of the common interest commu…

Colo. Rev. Stat. § 38-33.3-206 Leasehold common interest communities

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(1) Any lease, the expiration or termination of which may terminate the common interest community or reduce its size, must be recorded. In a leasehold condominium or leasehold planned community, the declaration must contain the signature of each lessor of any such lease in order …

Colo. Rev. Stat. § 38-33.3-207 Allocation of allocated interests

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(1) The declaration must allocate to each unit: (a) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association and, to the extent not allocated in the bylaws of the association, a portion of the votes in …

Colo. Rev. Stat. § 38-33.3-208 Limited common elements

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(1) Except for the limited common elements described in section 38-33.3-202 (1)(b) and (1)(d), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are …

Colo. Rev. Stat. § 38-33.3-209 Plats and maps

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(1) A plat or map is a part of the declaration and is required for all common interest communities except cooperatives. A map is required only for a common interest community with units having a horizontal boundary. The requirements of this section shall be deemed satisfied so lo…

Colo. Rev. Stat. § 38-33.3-209.2 Declarant duties - reserve study

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(1) Prior to transfer of control from the declarant to the association of a planned community or condominium, the declarant shall commission and pay for a reserve study for the planned community or condominium, which study addresses the components of the common elements and prope…

Colo. Rev. Stat. § 38-33.3-209.4 Public disclosures required - identity of association - agent - manager - contact information

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(1) Within ninety days after assuming control from the declarant pursuant to section 38-33.3-303 (5), the association shall make the following information available to unit owners upon reasonable notice in accordance with subsection (3) of this section. In addition, if the associ…

Colo. Rev. Stat. § 38-33.3-209.5 Responsible governance policies - due process for imposition of fines - procedure for collection of delinquent accounts - enforcement through small claims court - definitions

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(1) To promote responsible governance, associations shall: (a) Maintain accurate and complete accounting records; and (a.5) Request periodically from a unit owner or designated contact, and maintain in the association's records for purposes of providing notice to the unit owner a…

Colo. Rev. Stat. § 38-33.3-209.6 Executive board member education

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The board may authorize, and account for as a common expense, reimbursement of board members for their actual and necessary expenses incurred in attending educational meetings and seminars on responsible governance of unit owners' associations. The course content of such educatio…

Colo. Rev. Stat. § 38-33.3-209.7 Owner education

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(1) The association shall provide, or cause to be provided, education to owners at no cost on at least an annual basis as to the general operations of the association and the rights and responsibilities of owners, the association, and its executive board under Colorado law. The c…

Colo. Rev. Stat. § 38-33.3-210 Exercise of development rights

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(1) To exercise any development right reserved under section 38-33.3-205 (1)(h), the declarant shall prepare, execute, and record an amendment to the declaration and, in a condominium or planned community, comply with the provisions of section 38-33.3-209. The declarant is the un…

Colo. Rev. Stat. § 38-33.3-211 Alterations of units

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(1) Subject to the provisions of the declaration and other provisions of law, a unit owner: (a) May make any improvements or alterations to his unit that do not impair the structural integrity, electrical systems, or mechanical systems or lessen the support of any portion of the …

Colo. Rev. Stat. § 38-33.3-212 Relocation of boundaries between adjoining units

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(1) Subject to the provisions of the declaration and other provisions of law, and pursuant to the procedures described in section 38-33.3-217, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the own…

Colo. Rev. Stat. § 38-33.3-213 Subdivision of units

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(1) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, and pursuant to the procedures described in this section, a unit owner may apply to the association to subdivide…

Colo. Rev. Stat. § 38-33.3-214 Easement for encroachments

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To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of willful misconduct nor relieve a declarant or any other person of liabili…

Colo. Rev. Stat. § 38-33.3-215 Use for sales purposes

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A declarant may maintain sales offices, management offices, and models in the common interest community only if the declaration so provides. Except as provided in a declaration, any real estate in a common interest community used as a sales office, management office, or model and…

Colo. Rev. Stat. § 38-33.3-216 Easement rights

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(1) Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this article or reserved…