reglab/housing_qa huggingface dataset:
CO Code § 38-33.3-114 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-114. Remedies to Be Liberally Administered

  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 provided in this article or by other rule of law.    Any right or obligation declared by this article is enforceable by judicial proceeding.     History. Source: L. 91: Entire article added, p. 1710, § 1, effective July 1, 1992.    ANNOTATION   Court has the authority under subsection (2) to enjoin a future violation of the Colorado Common Interest Ownership Act, if a movant shows noncompliance and harm. Anderson v. Applewood Water Ass'n, , 409 P.3d 611 .   Reformation of the declaration to indicate assent by proper party was an available remedy under this section. FD Interests v. Fairways at Buffalo Run, 2019 COA 148 , __ P.3d __.
CO Code § 38-33.3-115 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-115. Applicability to New Common Interest Communities

 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. The provisions of sections 38-33-110 to 38-33-113 shall remain in effect for all common interest communities.   History. Source: L. 91: Entire article added, p. 1710, § 1, effective July 1, 1992. L. 93: Entire section amended, p. 644, § 4, effective April 30.
CO Code § 38-33.3-119 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-119. Exception for Small Preexisting Cooperatives and Planned Communities

 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) , then it is subject only to sections 38-33.3-105 to 38-33.3-107 unless the declaration is amended in conformity with applicable law and with the procedures and requirements of the declaration to take advantage of the provisions of section 38-33.3-120 , in which case all the sections enumerated in section 38-33.3-117 apply to that planned community.   History. Source: L. 91: Entire article added, p. 1713, § 1, effective July 1, 1992. L. 2009: Entire section amended, (SB 09-249), ch. 248, p. 1120, § 2, effective May 14. L. 2015: Entire section amended, (HB 15-1095), ch. 114, p. 344, § 1, effective August 5.
CO Code § 38-33.3-120 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-120. Amendments to Preexisting Governing Instruments

  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:   If the substantive result accomplished by the amendment was permitted by law in effect prior to July 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this article; and    If the substantive result accomplished by the amendment is permitted by this article, and was not permitted by law in effect prior to July 1, 1992, the amendment may be made under this article.       An amendment to the declaration, bylaws, or plats and maps authorized by this section to be made under this article must be adopted in conformity with the procedures and requirements of the law that applied to the common interest community at the time it was created and with the procedures and requirements specified by those instruments. If an amendment grants to any person any rights, powers, or privileges permitted by this article, all correlative obligations, liabilities, and restrictions in this article also apply to that person.    An amendment to the declaration may also be made pursuant to the procedures set forth in section 38-33.3-217 (7).     History. Source: L. 91: Entire article added, p. 1713, § 1, effective July 1, 1992. L. 2002: (3) added, p. 767, § 2, effective August 7.    ANNOTATION   There is a two-step process in reviewing the validity of an amendment to a plat of a common interest community created before July 1, 1992. First, the amendment's validity as a question of substance is considered under subsection (1) and then the amendment's validity as a question of procedure is considered under subsection (2). Giguere v. SJS Family Enters., 155 P.3d 462 (Colo. App. 2006).   Section 38-33.3-217 (4)(a) contains limited exceptions to subsection (1)(a). Changes in the allocated interests of a unit, for example, “the undivided interests in and to the general common elements appurtenant to each unit”, are among those for which § 38-33.3-217 (4)(a) allows the declaration to require greater than a sixty-seven percent vote. Therefore, a pre-1992 declaration's requirement for unanimous consent was properly applied to that provision despite the adoption of amendments to other provisions by a two-thirds vote, in accordance with current law. DA Mtn. Rentals v. Lodge at Lionshead, 2016 COA 141 , 409 P.3d 564; Francis v. Aspen Mtn. Condo. Ass'n, 2017 COA 19 , 401 P.3d 125.
CO Code § 38-33.3-121 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-121. Applicability to Nonresidential Planned Communities

 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 restricted exclusively to nonresidential use and other units that are not so restricted, only if the declaration so provides or the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.   History. Source: L. 91: Entire article added, p. 1714, § 1, effective July 1, 1992.
CO Code § 38-33.3-122 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-122. Applicability to Out-of-State Common Interest Communities

 This article does not apply to common interest communities or units located outside this state.   History. Source: L. 91: Entire article added, p. 1714, § 1, effective July 1, 1992.
CO Code § 38-33.3-202 (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|§ 38-33.3-202. Unit Boundaries

  Except as provided by the declaration:   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 finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.    If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.    Subject to the provisions of paragraph (b) of this subsection (1), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.    Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.        History. Source: L. 91: Entire article added, p. 1715, § 1, effective July 1, 1992.
CO Code § 38-33.3-203 (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|§ 38-33.3-203. Construction and Validity of Declaration and Bylaws

  All provisions of the declaration and bylaws are severable.    The rule against perpetuities does not apply to defeat any provision of the declaration, bylaws, or rules and regulations.    In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails, except to the extent the declaration is inconsistent with this article.    Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this article. Whether a substantial failure impairs marketability is not affected by this article.     History. Source: L. 91: Entire article added, p. 1716, § 1, effective July 1, 1992.    ANNOTATION   Subsection (3) provides that the Common Interest Ownership Act prevails over any inconsistent provision in a declaration. Heritage Vill. Owners Ass'n v. Golden Heritage Investors, Ltd., 89 P.3d 513 (Colo. App. 2004).   Development rights in a declaration that does not include a time limitation are void ab initio. Section 38-33.3-205 (1)(h) is unambiguous in requiring a time limitation, and failure to include such a limitation is not an insubstantial defect that may be overlooked under subsection (4) of this section. Silverview at Overlook, LLC v. Overlook at Mt. Crested Butte Ltd. Liab. Co., 97 P.3d 252 (Colo. App. 2004).
CO Code § 38-33.3-204 (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|§ 38-33.3-204. Description of Units

 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 that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws. It shall not be necessary to use the term “unit” as a part of a legally sufficient description of a unit.   History. Source: L. 91: Entire article added, p. 1716, § 1, effective July 1, 1992. L. 92: Entire section amended, p. 2181, § 51, effective June 2. L. 93: Entire section amended, p. 647, § 9, effective April 30.
CO Code § 38-33.3-206 (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|§ 38-33.3-206. Leasehold Common Interest Communities

  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 for the provisions of this section to be effective. The declaration must state:   The recording data for the lease;    The date on which the lease is scheduled to expire;    A legally sufficient description of the real estate subject to the lease;    Any rights of the unit owners to redeem the reversion and the manner whereby those rights may be exercised or state that they do not have those rights;    Any rights of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease or state that they do not have those rights; and    Any rights of the unit owners to renew the lease and the conditions of any renewal or state that they do not have those rights.       After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of a unit owner's share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest in a condominium or planned community is not affected by failure of any other person to pay rent or fulfill any other covenant.    Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.    If the expiration or termination of a lease decreases the number of units in a common interest community, the allocated interests shall be reallocated in accordance with section 38-33.3-107 (1), as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.     History. Source: L. 91: Entire article added, p. 1718, § 1, effective July 1, 1992.
CO Code § 38-33.3-208 (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|§ 38-33.3-208. Limited Common Elements

  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 affected.    Subject to any provisions of the declaration, a limited common element may be reallocated between or among units after compliance with the procedure set forth in this subsection (2). In order to reallocate limited common elements between or among units, the unit owners of those units, as the applicants, must submit an application for approval of the proposed reallocation to the executive board, which application shall be executed by those unit owners and shall include:   The proposed form for an amendment to the declaration as may be necessary to show the reallocation of limited common elements between or among units;    A deposit against attorney fees and costs which the association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the executive board; and    Such other information as may be reasonably requested by the executive board. No reallocation shall be effective without the approval of the executive board. The reallocation shall be effectuated by an amendment signed by the association and by those unit owners between or among whose units the reallocation is made, which amendment shall be recorded as provided in section 38-33.3-217 (3). All costs and attorney fees incurred by the association as a result of the application shall be the sole obligation of the applicants.       A common element not previously allocated as a limited common element may be so allocated only pursuant to provisions in the declaration made in accordance with section 38-33.3-205 (1)(g). The allocations must be made by amendments to the declaration prepared, executed, and recorded by the declarant.     History. Source: L. 91: Entire article added, p. 1720, § 1, effective July 1, 1992.
CO Code § 38-33.3-209.6 (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|§ 38-33.3-209.6. Executive Board Member Education

 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 educational meetings and seminars shall be specific to Colorado, and shall make reference to applicable sections of this article.   History. Source: L. 2005: Entire section added, p. 1377, § 7, effective January 1, 2006.
CO Code § 38-33.3-209.7 (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|§ 38-33.3-209.7. Owner Education

  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 criteria for compliance with this section shall be determined by the executive board.    Notwithstanding section 38-33.3-117 (1.5)(c), this section shall not apply to an association that includes time-share units, as defined in section 38-33-110 (7).     History. Source: L. 2005: Entire section added, p. 1377, § 7, effective January 1, 2006.
CO Code § 38-33.3-211 (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|§ 38-33.3-211. Alterations of Units

  Subject to the provisions of the declaration and other provisions of law, a unit owner:   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 common interest community;    May not change the appearance of the common elements without permission of the association; or    After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity, electrical systems, or mechanical systems or lessen the support of any portion of the common interest community. Removal of partitions or creation of apertures under this paragraph (c) is not an alteration of boundaries.        History. Source: L. 91: Entire article added, p. 1724, § 1, effective July 1, 1992.
CO Code § 38-33.3-212 (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|§ 38-33.3-212. Relocation of Boundaries Between Adjoining Units

  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 owners of those units.    In order to relocate the boundaries between adjoining units, the owners of those units, as the applicant, must submit an application to the executive board, which application shall be executed by those owners and shall include:   Evidence sufficient to the executive board that the applicant has complied with all local rules and ordinances and that the proposed relocation of boundaries does not violate the terms of any document evidencing a security interest;    The proposed reallocation of interests, if any;    The proposed form for amendments to the declaration, including the plats or maps, as may be necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers;    A deposit against attorney fees and costs which the association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the executive board; and    Such other information as may be reasonably requested by the executive board.       No relocation of boundaries between adjoining units shall be effected without the necessary amendments to the declaration, plats, or maps, executed and recorded pursuant to section 38-33.3-217 (3) and (5).    All costs and attorney fees incurred by the association as a result of an application shall be the sole obligation of the applicant.     History. Source: L. 91: Entire article added, p. 1725, § 1, effective July 1, 1992.
CO Code § 38-33.3-213 (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|§ 38-33.3-213. Subdivision of Units

  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 a unit.    In order to subdivide a unit, the unit owner of such unit, as the applicant, must submit an application to the executive board, which application shall be executed by such owner and shall include:   Evidence that the applicant of the proposed subdivision shall have complied with all building codes, fire codes, zoning codes, planned unit development requirements, master plans, and other applicable ordinances or resolutions adopted and enforced by the local governing body and that the proposed subdivision does not violate the terms of any document evidencing a security interest encumbering the unit;    The proposed reallocation of interests, if any;    The proposed form for amendments to the declaration, including the plats or maps, as may be necessary to show the units which are created by the subdivision and their dimensions, and identifying numbers;    A deposit against attorney fees and costs which the association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the executive board; and    Such other information as may be reasonably requested by the executive board.       No subdivision of units shall be effected without the necessary amendments to the declaration, plats, or maps, executed and recorded pursuant to section 38-33.3-217 (3) and (5).    All costs and attorney fees incurred by the association as a result of an application shall be the sole obligation of the applicant.     History. Source: L. 91: Entire article added, p. 1726, § 1, effective July 1, 1992. L. 98: (1) amended, p. 481, § 8, effective July 1.    ANNOTATION   Subdivision requires recordation. Without executing and recording the necessary amendments to the condominium declaration, plats, or maps, there is no subdivision under this section. Physical marking of the boundaries of parking spots is insufficient. Perfect Place, LLC v. Semler, 2018 CO 74, 426 P.3d 325.
CO Code § 38-33.3-214 (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|§ 38-33.3-214. Easement for Encroachments

 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 liability for failure to adhere to the plats and maps.   History. Source: L. 91: Entire article added, p. 1727, § 1, effective July 1, 1992.