C.R.S. 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.

Source: Section 38-33.3-121 — Applicability to nonresidential planned communities, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38–33.3–101
Short title
38–33.3–102
Legislative declaration
38–33.3–103
Definitions
38–33.3–104
Variation by agreement
38–33.3–105
Separate titles and taxation
38–33.3–106
Applicability of local ordinances, regulations, and building codes
38–33.3–106.5
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
38–33.3–106.7
Unreasonable restrictions on energy efficiency measures - definitions
38–33.3–106.8
Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - legislative declaration - definitions
38–33.3–107
Eminent domain
38–33.3–108
Supplemental general principles of law applicable
38–33.3–109
Construction against implicit repeal
38–33.3–110
Uniformity of application and construction
38–33.3–111
Severability
38–33.3–112
Unconscionable agreement or term of contract
38–33.3–113
Obligation of good faith
38–33.3–114
Remedies to be liberally administered
38–33.3–115
Applicability to new common interest communities
38–33.3–116
Exception for new small cooperatives and small and limited expense planned communities
38–33.3–116.3
Large planned communities - exemption from certain requirements
38–33.3–117
Applicability to preexisting common interest communities
38–33.3–118
Procedure to elect treatment under the “Colorado Common Interest Ownership Act”
38–33.3–119
Exception for small preexisting cooperatives and planned communities
38–33.3–120
Amendments to preexisting governing instruments
38–33.3–120.5
Extension of declaration term
38–33.3–121
Applicability to nonresidential planned communities
38–33.3–122
Applicability to out-of-state common interest communities
38–33.3–123
Enforcement - limitation
38–33.3–124
Legislative declaration - alternative dispute resolution encouraged - policy statement required
38–33.3–201
Creation of common interest communities
38–33.3–202
Unit boundaries
38–33.3–203
Construction and validity of declaration and bylaws
38–33.3–204
Description of units
38–33.3–205
Contents of declaration
38–33.3–206
Leasehold common interest communities
38–33.3–207
Allocation of allocated interests
38–33.3–208
Limited common elements
38–33.3–209
Plats and maps
38–33.3–209.4
Public disclosures required - identity of association - agent - manager - contact information
38–33.3–209.5
Responsible governance policies - due process for imposition of fines - procedure for collection of delinquent accounts - enforcement through small claims court - definitions
38–33.3–209.6
Executive board member education
38–33.3–209.7
Owner education
38–33.3–210
Exercise of development rights
38–33.3–211
Alterations of units
38–33.3–212
Relocation of boundaries between adjoining units
38–33.3–213
Subdivision of units
38–33.3–214
Easement for encroachments
38–33.3–215
Use for sales purposes
38–33.3–216
Easement rights
38–33.3–217
Amendment of declaration
38–33.3–218
Termination of common interest community
38–33.3–219
Rights of secured lenders
38–33.3–220
Master associations
38–33.3–221
Merger or consolidation of common interest communities
38–33.3–221.5
Withdrawal from merged common interest community
38–33.3–222
Addition of unspecified real estate
38–33.3–301
Organization of unit owners’ association
38–33.3–302
Powers of unit owners’ association
38–33.3–302.5
Unit owners’ access to common elements - duties of association - unreasonable restrictions and prohibitions prohibited - notice of restriction or prohibition required
38–33.3–303
Executive board members and officers - powers and duties - reserve funds - reserve study - audit
38–33.3–303.5
Construction defect actions - disclosure - approval by unit owners - definitions - exemptions
38–33.3–304
Transfer of special declarant rights
38–33.3–305
Termination of contracts and leases of declarant
38–33.3–306
Bylaws
38–33.3–307
Upkeep of the common interest community
38–33.3–308
Meetings
38–33.3–309
Quorums
38–33.3–310
Voting - proxies
38–33.3–310.5
Executive board - conflicts of interest - definitions
38–33.3–311
Tort and contract liability
38–33.3–312
Conveyance or encumbrance of common elements
38–33.3–313
Insurance
38–33.3–314
Surplus funds
38–33.3–315
Assessments for common expenses
38–33.3–316
Lien for assessments - liens for fines, fees, charges, costs, and attorney fees - limitations
38–33.3–316.3
Collections - limitations - violations
38–33.3–316.5
Time share estate - foreclosure - definitions
38–33.3–317
Association records - rules - applicability
38–33.3–318
Association as trustee
38–33.3–319
Other applicable statutes
38–33.3–401
Registration - annual fees
Green check means up to date. Up to date

Current through Fall 2024

§ 38-33.3-121’s source at colorado​.gov