§ 38-33.3-101. Short Title
This article shall be known and may be cited as the “Colorado Common Interest Ownership Act”. Source: L. 91: Entire article added, p. 1701, § 1, effective July 1, 1992.
§ 38-33.3-102. Legislative Declaration
The general assembly hereby finds, determines, and declares, as follows: That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities; That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of […]
§ 38-33.3-103. Definitions
As used in the declaration and bylaws of an association, unless specifically provided otherwise or unless the context otherwise requires, and in this article: “Affiliate of a declarant” means any person who controls, is controlled by, or is under common control with a declarant. A person controls a declarant if the person: Is a general […]
§ 38-33.3-104. Variation by Agreement
Except as expressly provided in this article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration. Source: […]
§ 38-33.3-105. Separate Titles and Taxation
In a cooperative, unless the declaration provides that a unit owner’s interest in a unit and its allocated interests is personal property, that interest is real estate for all purposes. In a condominium or planned community with common elements, each unit that has been created, together with its interest in the common elements, constitutes for […]
§ 38-33.3-106. Applicability of Local Ordinances, Regulations, and Building Codes
A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units. In condominiums and cooperatives, no zoning, subdivision, or other real […]
§ 38-33.3-106.5. Prohibitions Contrary to Public Policy – Patriotic, Political, or Religious Expression – Emergency Vehicles – Fire Prevention – Renewable Energy Generation Devices – Affordable Housing – Drought Prevention Measures – Child Care – Definitions
Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following: The display of a flag on a unit owner’s property, in a window of the unit, or on a balcony adjoining the unit. The association shall not prohibit or […]
§ 38-33.3-106.7. Unreasonable Restrictions on Energy Efficiency Measures – Definitions
Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure. As used in this section, “energy efficiency measure” means a device or structure that reduces the amount of energy derived from fossil fuels […]
§ 38-33.3-106.8. Unreasonable Restrictions on Electric Vehicle Charging Systems – Legislative Declaration – Definitions
The general assembly finds, determines, and declares that: The widespread use of plug-in electric vehicles can dramatically improve energy efficiency and air quality for all Coloradans and should be encouraged wherever possible; Most homes in Colorado, including the vast majority of new homes, are in common interest communities; The primary purpose of this section is […]
§ 38-33.3-107. Eminent Domain
If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated […]
§ 38-33.3-108. Supplemental General Principles of Law Applicable
The principles of law and equity, including, but not limited to, the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of […]
§ 38-33.3-109. Construction Against Implicit Repeal
This article is intended to be a unified coverage of its subject matter, and no part of this article shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992.
§ 38-33.3-110. Uniformity of Application and Construction
This article shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992.
§ 38-33.3-111. Severability
If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application, and, to this end, the provisions of this article are severable. Source: L. 91: […]
§ 38-33.3-112. Unconscionable Agreement or Term of Contract
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 […]
§ 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. Source: L. 91: Entire article added, p. 1710, § 1, effective July 1, 1992.
§ 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. […]
§ 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 […]
§ 38-33.3-116. Exception for New Small Cooperatives and Small and Limited Expense Planned Communities
If a cooperative created in this state on or after July 1, 1992, but prior to July 1, 1998, contains only units restricted to nonresidential use or contains no more than ten units and is not subject to any development rights, it is subject only to sections 38-33.3-105 to 38-33.3-107, unless the declaration provides that […]
§ 38-33.3-116.3. Large Planned Communities – Exemption From Certain Requirements
A planned community shall be exempt from the provisions of this article as specified in subsection (3) of this section or as specifically exempted in any other provision of this article, if, at the time of recording the affidavit required pursuant to subsection (2) of this section, the real estate upon which the planned community […]