reglab/housing_qa huggingface dataset:
CO Code § 38-33.3-215 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 38-33.3-215. Use for Sales Purposes

 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 not designated a unit by the declaration is a common element. If a declarant ceases to be a unit owner, such declarant ceases to have any rights with regard to any real estate used as a sales office, management office, or model, unless it is removed promptly from the common interest community in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the common interest community. This section is subject to the provisions of other state laws and to local ordinances.   History. Source: L. 91: Entire article added, p. 1727, § 1, effective July 1, 1992. L. 98: Entire section amended, p. 481, § 9, effective July 1.
CO Code § 38-33.3-216 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 38-33.3-216. Easement Rights

  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 in the declaration.    In a planned community, subject to the provisions of the declaration and the ability of the association to regulate and convey or encumber the common elements as set forth in sections 38-33.3-302 (1)(f) and 38-33.3-312, the unit owners have an easement:   In the common elements for the purpose of access to their units; and    To use the common elements and all other real estate that must become common elements for all other purposes.        History. Source: L. 91: Entire article added, p. 1727, § 1, effective July 1, 1992.
CO Code § 38-33.3-219 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 38-33.3-219. Rights of Secured Lenders

  The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:   Deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board; or    Prevent the association or the executive board from commencing, intervening in, or settling any solicitation or proceeding; or    Prevent any insurance trustee or the association from receiving and distributing any insurance proceeds pursuant to section 38-33.3-313.        History. Source: L. 91: Entire article added, p. 1732, § 1, effective July 1, 1992.
CO Code § 38-33.3-220 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 38-33.3-220. Master Associations

  If the declaration provides that any of the powers of a unit owners' association described in section 38-33.3-302 are to be exercised by or may be delegated to a master association, all provisions of this article applicable to unit owners' associations apply to any such master association except as modified by this section.    Unless it is acting in the capacity of an association described in section 38-33.3-301, a master association may exercise the powers set forth in section 38-33.3-302 (1)(b) only to the extent such powers are expressly permitted to be exercised by a master association in the declarations of common interest communities which are part of the master association or expressly described in the delegations of power from those common interest communities to the master association.    If the declaration of any common interest community provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation.    The rights and responsibilities of unit owners with respect to the unit owners' association set forth in sections 38-33.3-303, 38-33.3-308, 38-33.3-309, 38-33.3-310, and 38-33.3-312 apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this article.    Even if a master association is also an association described in section 38-33.3-301, the articles of incorporation and the declaration of each common interest community, the powers of which are assigned by the declaration or delegated to the master association, must provide that the executive board of the master association be elected after the period of declarant control, if any, in one of the following ways:   All unit owners of all common interest communities subject to the master association may elect all members of the master association's executive board.    All members of the executive boards of all common interest communities subject to the master association may elect all members of the master association's executive board.    All unit owners of each common interest community subject to the master association may elect specified members of the master association's executive board.    All members of the executive board of each common interest community subject to the master association may elect specified members of the master association's executive board.        History. Source: L. 91: Entire article added, p. 1733, § 1, effective July 1, 1992. L. 98: (1) amended, p. 482, § 11, effective July 1.
CO Code § 38-33.3-221 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 38-33.3-221. Merger or Consolidation of Common Interest Communities

  Any two or more common interest communities of the same form of ownership, by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated into a single common interest community. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant common interest community is the legal successor, for all purposes, of all of the preexisting common interest communities, and the operations and activities of all associations of the preexisting common interest communities are merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities of all preexisting associations.    An agreement of two or more common interest communities to merge or consolidate pursuant to subsection (1) of this section must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting common interest communities following approval by owners of units to which are allocated the percentage of votes in each common interest community required to terminate that common interest community. The agreement must be recorded in every county in which a portion of the common interest community is located and is not effective until recorded.    Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant common interest community either by stating the reallocations or the formulas upon which they are based.     History. Source: L. 91: Entire article added, p. 1734, § 1, effective July 1, 1992.
CO Code § 38-33.3-221.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 38-33.3-221.5. Withdrawal From Merged Common Interest Community

  A common interest community that was merged or consolidated with another common interest community, or is party to an agreement to do so pursuant to section 38-33.3-221, may withdraw from the merged or consolidated common interest community or terminate the agreement to merge or consolidate, without the consent of the other common interest community or communities involved, if the common interest community wishing to withdraw meets all of the following criteria:   It is a separate, platted subdivision;    Its unit owners are required to pay into two common interest communities or separate unit owners' associations;    It is or has been a self-operating common interest community or association continuously for at least twenty-five years;    The total number of unit owners comprising it is fifteen percent or less of the total number of unit owners in the merged or consolidated common interest community or association;    Its unit owners have approved the withdrawal by a majority vote and the owners of units representing at least seventy-five percent of the allocated interests in the common interest community wishing to withdraw participated in the vote; and    Its withdrawal would not substantially impair the ability of the remainder of the merged common interest community or association to:   Enforce existing covenants;    Maintain existing facilities; or    Continue to exist.          If an association has met the requirements set forth in subsection (1) of this section, it shall be considered withdrawn as of the date of the election at which its unit owners voted to withdraw.     History. Source: L. 2005: Entire section added, p. 1380, § 9, effective January 1, 2006.
CO Code § 38-33.3-222 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 2 - Creation, Alteration, and Termination of Common Interest Communities|§ 38-33.3-222. Addition of Unspecified Real Estate

 In a common interest community, if the right is originally reserved in the declaration, the declarant, in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declaration to add additional real estate to the common interest community without describing the location of that real estate in the original declaration; but the area of real estate added to the common interest community pursuant to this section may not exceed ten percent of the total area of real estate described in section 38-33.3-205 (1)(c) and (1)(h), and the declarant may not in any event increase the number of units in the common interest community beyond the number stated in the original declaration pursuant to section 38-33.3-205 (1)(d) , except as provided in section 38-33.3-217 (4) .   History. Source: L. 91: Entire article added, p. 1735, § 1, effective July 1, 1992. L. 98: Entire section amended, p. 483, § 12, effective July 1.
CO Code § 38-33.3-301 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 3 - Management of the Common Interest Community|§ 38-33.3-301. Organization of Unit Owners' Association

 A unit owners' association shall be organized no later than the date the first unit in the common interest community is conveyed to a purchaser. The membership of the association at all times shall consist exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under section 38-33.3-218 , or their heirs, personal representatives, successors, or assigns. The association shall be organized as a nonprofit, not-for-profit, or for-profit corporation or as a limited liability company in accordance with the laws of the state of Colorado; except that the failure of the association to incorporate or organize as a limited liability company will not adversely affect either the existence of the common interest community for purposes of this article or the rights of persons acting in reliance upon such existence, other than as specifically provided in section 38-33.3-316 . Neither the choice of entity nor the organizational structure of the association shall be deemed to affect its substantive rights and obligations under this article.   History. Source: L. 91: Entire article added, p. 1735, § 1, effective July 1, 1992. L. 98: Entire section amended, p. 483, § 13, effective July 1. L. 2005: Entire section amended, p. 1382, § 11, effective January 1, 2006.    ANNOTATION   Choice of entity determines which corporate law will supplement this article. Where an association was organized as a nonprofit corporation, the sixty-day time period specified in the nonprofit corporation statutes governed the adoption of a proposal to amend a declaration without a meeting under § 38-33.3-217 (1)(a)(I) , which itself contains no time limit. Triple Crown v. Vill. Homes of Colo., M, 328 P.3d 275 .   An association may be formed by a unit owner if declarant fails to do so. Where the intent of the developer is clear and, especially where the declaration states that the covenants are to run with the land, the right to form the association also runs with the land. Moreover, owners are on notice that an owners' association, of which they are automatically members, can be formed, even after a delay, by another homeowner. DeJean v. Grosz, 2015 COA 74 , 412 P.3d 733.
CO Code § 38-33.3-305 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 3 - Management of the Common Interest Community|§ 38-33.3-305. Termination of Contracts and Leases of Declarant

  The following contracts and leases, if entered into before the executive board elected by the unit owners pursuant to section 38-33.3-303 (7) takes office, may be terminated without penalty by the association, at any time after the executive board elected by the unit owners pursuant to section 38-33.3-303 (7) takes office, upon not less than ninety days' notice to the other party:   Any management contract, employment contract, or lease of recreational or parking areas or facilities;    Any other contract or lease between the association and a declarant or an affiliate of a declarant; or    Any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing.       Subsection (1) of this section does not apply to any lease the termination of which would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section or a proprietary lease.     History. Source: L. 91: Entire article added, p. 1743, § 1, effective July 1, 1992.
CO Code § 38-33.3-306 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 3 - Management of the Common Interest Community|§ 38-33.3-306. Bylaws

  In addition to complying with applicable sections, if any, of the “Colorado Business Corporation Act”, articles 101 to 117 of title 7, C.R.S., or the “Colorado Revised Nonprofit Corporation Act”, articles 121 to 137 of title 7, C.R.S., if the common interest community is organized pursuant thereto, the bylaws of the association must provide:   The number of members of the executive board and the titles of the officers of the association;    Election by the executive board of a president, a treasurer, a secretary, and any other officers of the association the bylaws specify;    The qualifications, powers and duties, and terms of office of, and manner of electing and removing, executive board members and officers and the manner of filling vacancies;    Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;    Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and    A method for amending the bylaws.       Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.      If an association with thirty or more units delegates powers of the executive board or officers relating to collection, deposit, transfer, or disbursement of association funds to other persons or to a managing agent, the bylaws of the association shall require the following:   That the other persons or managing agent maintain fidelity insurance coverage or a bond in an amount not less than fifty thousand dollars or such higher amount as the executive board may require;    That the other persons or managing agent maintain all funds and accounts of the association separate from the funds and accounts of other associations managed by the other persons or managing agent and maintain all reserve accounts of each association so managed separate from operational accounts of the association;    That an annual accounting for association funds and a financial statement be prepared and presented to the association by the managing agent, a public accountant, or a certified public accountant.       Repealed.         History. Source: L. 91: Entire article added, p. 1743, § 1, effective July 1, 1992. L. 92: (3) added, p. 2096, § 1, effective July 1, 1993. L. 93: (3) amended, p. 1464, § 10, effective June 6; IP(1) amended, p. 865, § 40, effective July 1, 1994. L. 96: (3)(b) repealed, p. 1088, § 2, effective May 23. L. 97: IP(1) amended, p. 764, § 36, effective July 1, 1998.
CO Code § 38-33.3-309 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 3 - Management of the Common Interest Community|§ 38-33.3-309. Quorums

  Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast twenty percent, or, in the case of an association with over one thousand unit owners, ten percent, of the votes which may be cast for election of the executive board are present, in person or by proxy at the beginning of the meeting.    Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent of the votes on that board are present at the beginning of the meeting or grant their proxy, as provided in section 7-128-205 (4), C.R.S.     History. Source: L. 91: Entire article added, p. 1745, § 1, effective July 1, 1992. L. 98: (2) amended, p. 484, § 16, effective July 1.
CO Code § 38-33.3-310.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 3 - Management of the Common Interest Community|§ 38-33.3-310.5. Executive Board - Conflicts of Interest - Definitions

  Section 7-128-501, C.R.S., shall apply to members of the executive board; except that, as used in that section:   “Corporation” or “nonprofit corporation” means the association.    “Director” means a member of the association's executive board.    “Officer” means any person designated as an officer of the association and any person to whom the board delegates responsibilities under this article, including, without limitation, a managing agent, attorney, or accountant employed by the board.        History. Source: L. 2005: Entire section added, p. 1386, § 16, effective January 1, 2006. L. 2006: Entire section R&RE, p. 1223, § 12, effective May 26.
CO Code § 38-33.3-311 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 3 - Management of the Common Interest Community|§ 38-33.3-311. Tort and Contract Liability

  Neither the association nor any unit owner except the declarant is liable for any cause of action based upon that declarant's acts or omissions in connection with any part of the common interest community which that declarant has the responsibility to maintain. Otherwise, any action alleging an act or omission by the association must be brought against the association and not against any unit owner. If the act or omission occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for all tort losses not covered by insurance suffered by the association or that unit owner and all costs that the association would not have incurred but for such act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney fees, incurred by the association. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from maintaining an action contemplated by this section by being a unit owner or a member or officer of the association.    The declarant is liable to the association for all funds of the association collected during the period of declarant control which were not properly expended.     History. Source: L. 91: Entire article added, p. 1746, § 1, effective July 1, 1992.    ANNOTATION   Subsection (1) does not establish the adequacy as a matter of law of the representation by a common interest community association of lot owners belonging to the association who were absent from the underlying action. Because conflicting interests exist between the association and the absent owners, representation was not adequate. When assessing prejudice, the court must consider whether the interests of an absent party are adequately represented by those already a party to the litigation. Clubhouse at Fairway Pines v. Fairway Pines Estates, 214 P.3d 451 (Colo. App. 2008).
CO Code § 38-33.3-314 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 3 - Management of the Common Interest Community|§ 38-33.3-314. Surplus Funds

 Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of or provision for reserves shall be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.   History. Source: L. 91: Entire article added, p. 1752, § 1, effective July 1, 1992. L. 93: Entire section amended, p. 652, § 19, effective April 30.