reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-112 - Unconscionable agreement or term of contract

(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 clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.
(2)
Whenever it is claimed, or appears to the court, that a contract or any contract clause relating to a common interest community is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:
(a)
The commercial setting of the negotiations;
(b)
Whether the first party has knowingly taken advantage of the inability of the second party reasonably to protect such second party's interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;
(c)
The effect and purpose of the contract or clause; and
(d)
If a sale, any gross disparity at the time of contracting between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
L. 91: Entire article added, p. 1709, § 1, effective 7/1/1992. L. 93: (2)(b) amended, p. 643, § 3, effective April 30.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-113 - Obligation of good faith

Every contract or duty governed by this article imposes an obligation of good faith in its performance or enforcement.
L. 91: Entire article added, p. 1710, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-114 - Remedies to be liberally administered

(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 provided in this article or by other rule of law.
(2)
Any right or obligation declared by this article is enforceable by judicial proceeding.
L. 91: Entire article added, p. 1710, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
L. 91: Entire article added, p. 1710, § 1, effective 7/1/1992. L. 93: Entire section amended, p. 644, § 4, effective April 30.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
Amended by 2015 Ch. 114, § 1, eff. 8/5/2015.
L. 91: Entire article added, p. 1713, § 1, effective 7/1/1992. 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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-120 - Amendments to preexisting governing instruments

(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 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
(b)
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.
(2)
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.
(3)
An amendment to the declaration may also be made pursuant to the procedures set forth in section
38-33.3-217 (7)
.
L. 91: Entire article added, p. 1713, § 1, effective 7/1/1992. L. 2002: (3) added, p. 767, § 2, effective August 7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
L. 91: Entire article added, p. 1714, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
L. 91: Entire article added, p. 1714, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-124 - Legislative declaration - alternative dispute resolution encouraged - policy statement required

(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 that make use of mediation or arbitration as alternatives to, or preconditions upon, the filing of a complaint between a unit owner and association in situations that do not involve an imminent threat to the peace, health, or safety of the community.
(II)
The general assembly hereby specifically endorses and encourages associations, unit owners, managers, declarants, and all other parties to disputes arising under this article to agree to make use of all available public or private resources for alternative dispute resolution, including, without limitation, the resources offered by the office of dispute resolution within the Colorado judicial branch through its website.
(b)
On or before January 1, 2007, each association shall adopt a written policy setting forth its procedure for addressing disputes arising between the association and unit owners. The association shall make a copy of this policy available to unit owners upon request.
(2)
(a)
Any controversy between an association and a unit owner arising out of the provisions of this article may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding.
(b)
The mediation agreement, if one is reached, may be presented to the court as a stipulation. Either party to the mediation may terminate the mediation process without prejudice.
(c)
If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief.
(3)
The declaration, bylaws, or rules of the association may specify situations in which disputes shall be resolved by binding arbitration under the uniform arbitration act, part 2 of article
22
of title
13
, C.R.S., or by another means of alternative dispute resolution under the "Dispute Resolution Act", part 3 of article
22
of title
13
, C.R.S.
L. 98: Entire section added, p. 471, § 1, effective July 1. L. 2005: Entire section amended, p. 1377, § 6, effective 1/1/2006. L. 2006: (1) amended, p. 1218, § 5, effective May 26. L. 2008: Entire section amended, p. 557, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-201 - [Effective Until 8/7/2024] Creation of common interest communities

(1)
A common interest community may be created pursuant to this article 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 recorded in every county in which any portion of the common interest community is located and must be indexed in the grantee's index in the name of the common interest community and in the name of the association and in the grantor's index in the name of each person executing the declaration. No common interest community is created until the plat or map for the common interest community is recorded.
(2)
In a common interest community with horizontal unit boundaries, a declaration, or an amendment to a declaration, creating or adding units shall include a certificate of completion executed by an independent licensed or registered engineer, surveyor, or architect stating that all structural components of all buildings containing or comprising any units thereby created are substantially completed.
L. 91: Entire article added, p. 1715, § 1, effective 7/1/1992. L. 93: Entire section amended, p. 646, § 8, effective April 30.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-201 - [Effective 8/7/2024] Creation of common interest communities

(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)
Executed by or with the express written authorization of the owner or owners of the real estate that is to be included in the common interest community, as shown by the records of the county clerk and recorder's office of the county where the real estate is located;
(II)
Recorded in every county in which any portion of the common interest community is located;
(III)
Indexed in the grantee's index in the name of the common interest community and in the name of the association; and
(IV)
Indexed in the grantor's index in the name of each person executing the declaration.
(b)
No common interest community is created until the plat or map for the common interest community is recorded.
(2)
In a common interest community with horizontal unit boundaries, a declaration, or an amendment to a declaration, creating or adding units shall include a certificate of completion executed by an independent licensed or registered engineer, surveyor, or architect stating that all structural components of all buildings containing or comprising any units thereby created are substantially completed.
Amended by 2024 Ch. 182,§ 2, eff. 8/7/2024, app. to declarations that are executed or amended on or after the effective date.
L. 91: Entire article added, p. 1715, § 1, effective 7/1/1992. L. 93: Entire section amended, p. 646, § 8, effective April 30.
2024 Ch. 182, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-202 - Unit boundaries

(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 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.
(b)
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.
(c)
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.
(d)
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.
L. 91: Entire article added, p. 1715, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-203 - Construction and validity of declaration and bylaws

(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, the declaration prevails, except to the extent the declaration is inconsistent with this article.
(4)
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.
L. 91: Entire article added, p. 1716, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 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.
L. 91: Entire article added, p. 1716, § 1, effective 7/1/1992. L. 92: Entire section amended, p. 2181, § 51, effective June 2. L. 93: Entire section amended, p. 647, § 9, effective April 30.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-206 - Leasehold common interest communities

(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 for the provisions of this section to be effective. The declaration must state:
(a)
The recording data for the lease;
(b)
The date on which the lease is scheduled to expire;
(c)
A legally sufficient description of the real estate subject to the lease;
(d)
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;
(e)
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
(f)
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.
(2)
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.
(3)
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.
(4)
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.
L. 91: Entire article added, p. 1718, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-208 - Limited common elements

(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 affected.
(2)
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:
(a)
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;
(b)
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
(c)
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.
(3)
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.
L. 91: Entire article added, p. 1720, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 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.
L. 2005: Entire section added, p. 1377, § 7, effective 1/1/2006.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-209.7 - Owner education

(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 criteria for compliance with this section shall be determined by the executive board.
(2)
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)
.
L. 2005: Entire section added, p. 1377, § 7, effective 1/1/2006.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-211 - Alterations of units

(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 common interest community;
(b)
May not change the appearance of the common elements without permission of the association; or
(c)
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.
L. 91: Entire article added, p. 1724, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-212 - Relocation of boundaries between adjoining units

(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 owners of those units.
(2)
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:
(a)
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;
(b)
The proposed reallocation of interests, if any;
(c)
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;
(d)
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
(e)
Such other information as may be reasonably requested by the executive board.
(3)
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)
.
(4)
All costs and attorney fees incurred by the association as a result of an application shall be the sole obligation of the applicant.
L. 91: Entire article added, p. 1725, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-213 - Subdivision of units

(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 a unit.
(2)
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:
(a)
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;
(b)
The proposed reallocation of interests, if any;
(c)
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;
(d)
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
(e)
Such other information as may be reasonably requested by the executive board.
(3)
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)
.
(4)
All costs and attorney fees incurred by the association as a result of an application shall be the sole obligation of the applicant.
L. 91: Entire article added, p. 1726, § 1, effective 7/1/1992. L. 98: (1) amended, p. 481, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 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.
L. 91: Entire article added, p. 1727, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 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.
L. 91: Entire article added, p. 1727, § 1, effective 7/1/1992. L. 98: Entire section amended, p. 481, § 9, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-216 - Easement rights

(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 in the declaration.
(2)
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)
,
38-33.3-302.5
, and
38-33.3-312
, the unit owners have an easement:
(a)
In the common elements for the purpose of access to their units; and
(b)
To use the common elements and all other real estate that must become common elements for all other purposes.
Amended by 2022 Ch. 93, § 4, eff. 8/10/2022.
L. 91: Entire article added, p. 1727, § 1, effective 7/1/1992.
2022 Ch. 93, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-219 - Rights of secured lenders

(1)
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:
(a)
Deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board; or
(b)
Prevent the association or the executive board from commencing, intervening in, or settling any solicitation or proceeding; or
(c)
Prevent any insurance trustee or the association from receiving and distributing any insurance proceeds pursuant to section
38-33.3-313
.
L. 91: Entire article added, p. 1732, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-220 - Master associations

(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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:
(a)
All unit owners of all common interest communities subject to the master association may elect all members of the master association's executive board.
(b)
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.
(c)
All unit owners of each common interest community subject to the master association may elect specified members of the master association's executive board.
(d)
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.
L. 91: Entire article added, p. 1733, § 1, effective 7/1/1992. L. 98: (1) amended, p. 482, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-221 - Merger or consolidation of common interest communities

(1)
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.
(2)
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.
(3)
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.
L. 91: Entire article added, p. 1734, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-221.5 - Withdrawal from merged common interest community

(1)
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:
(a)
It is a separate, platted subdivision;
(b)
Its unit owners are required to pay into two common interest communities or separate unit owners' associations;
(c)
It is or has been a self-operating common interest community or association continuously for at least twenty-five years;
(d)
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;
(e)
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
(f)
Its withdrawal would not substantially impair the ability of the remainder of the merged common interest community or association to:
(I)
Enforce existing covenants;
(II)
Maintain existing facilities; or
(III)
Continue to exist.
(2)
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.
L. 2005: Entire section added, p. 1380, § 9, effective 1/1/2006.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 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)
.
L. 91: Entire article added, p. 1735, § 1, effective 7/1/1992. L. 98: Entire section amended, p. 483, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES (§§ 38-33.3-201 — 38-33.3-223) › Section 38-33.3-223 - [Repealed]

L. 2005: Entire section added, p. 1381, § 10, effective 1/1/2006. L. 2006: Entire section repealed, p. 1225, § 14, effective May 26.