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§ 38-33.3-117. Applicability to Preexisting Common Interest Communities

Except as provided in section 38-33.3-119 , the following sections apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 1992: 38-33.3-101 and 38-33.3-102 ; 38-33.3-103 , to the extent necessary in construing any of the other sections of […]

§ 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 […]

§ 38-33.3-120. 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 […]

§ 38-33.3-120.5. Extension of Declaration Term

If a common interest community has a declaration in effect with a limited term of years that was recorded prior to July 1, 1992, and if, before the term of the declaration expires, the unit owners in the common interest community have not amended the declaration pursuant to section 38-33.3-120 and in accordance with any […]

§ 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 […]

§ 38-33.3-123. Enforcement – Limitation

If any unit owner fails to timely pay assessments or any money or sums due to the association, the association may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure without the necessity of commencing a legal proceeding. For any failure to comply with the provisions […]

§ 38-33.3-124. Legislative Declaration – Alternative Dispute Resolution Encouraged – Policy Statement Required

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 […]