Article 33.3
Colorado Common Interest Ownership Act

Prohibitions contrary to public policy - patriotic, political, or religious expression - public rights-of-way - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - definitions

Unreasonable restrictions on energy efficiency measures - definitions

Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - legislative declaration - definitions

Eminent domain Supplemental general principles of law applicable Construction against implicit repeal Uniformity of application and construction Severability Unconscionable agreement or term of contract Obligation of good faith Remedies to be liberally administered Applicability to new common interest communities Exception for new small cooperatives and small and limited expense planned communities Large planned communities - exemption from certain requirements Applicability to preexisting common interest communities Procedure to elect treatment under the "Colorado Common Interest Ownership Act" Exception for small preexisting cooperatives and planned communities Amendments to preexisting governing instruments Extension of declaration term Applicability to nonresidential planned communities Applicability to out-of-state common interest communities Enforcement - limitation Legislative declaration - alternative dispute resolution encouraged - policy statement required Creation of common interest communities Unit boundaries Construction and validity of declaration and bylaws Description of units Contents of declaration Leasehold common interest communities Allocation of allocated interests Limited common elements Plats and maps Public disclosures required - identity of association - agent - manager - contact information

Responsible governance policies - due process for imposition of fines - procedure for collection of delinquent accounts - enforcement through small claims court - definitions

Executive board member education Owner education Exercise of development rights Alterations of units Relocation of boundaries between adjoining units Subdivision of units Easement for encroachments Use for sales purposes Easement rights Amendment of declaration Termination of common interest community Rights of secured lenders Master associations Merger or consolidation of common interest communities Withdrawal from merged common interest community Addition of unspecified real estate Organization of unit owners’ association Powers of unit owners’ association

Unit owners’ access to common elements - duties of association - unreasonable restrictions and prohibitions prohibited - notice of restriction or prohibition required

Executive board members and officers - powers and duties - reserve funds - reserve study - audit Construction defect actions - disclosure - approval by unit owners - definitions - exemptions Transfer of special declarant rights Termination of contracts and leases of declarant Upkeep of the common interest community Voting - proxies Executive board - conflicts of interest - definitions Tort and contract liability Conveyance or encumbrance of common elements Surplus funds Assessments for common expenses Lien for assessments - liens for fines, fees, charges, costs, and attorney fees - limitations Collections - limitations - violations Time share estate - foreclosure - definitions Association records - rules - applicability Association as trustee Other applicable statutes Registration - annual fees Up to date

Current through Fall 2024

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Location: https://colorado.public.law/statutes/crs_title_38_article_33.3

Original Source: Article 33.3 — Colorado Common Interest Ownership Act, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (last ac­cessed Jul. 25, 2023).

Blank Outline Levels

The legislature occasionally skips outline levels. For example:

(3) A person may apply [. ] (4)(a) A person petitioning for relief [. ]

In this example, (3), (4), and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability.

Trust but verify. Here is the original source for article 33.3

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