Colorado Revised Statutes
Colo. Rev. Stat. § 38-33.3-102 (2026)
Legislative declaration
✓ current as of July 2026
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(1) The general assembly hereby finds, determines, and declares, as follows:
(a) 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;
(b) That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months' lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association's powers to collect delinquent assessments, late charges, fines, and enforcement costs;
(c) That it is the policy of this state to give developers flexible development rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control;
(d) That it is the policy of this state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such homeowner associations;
(e) That it is the policy of this state to promote the availability of funds for financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations.
Source: L. 91: Entire article added, p. 1701, § 1, effective July 1, 1992.
Notes of Decisions
Cited in 22
cases (6 in the last 5 years), 1998–2024 · leading case: Anderson v. Applewood Water Ass'n, Inc, 2015 COA 162 (Colo. Ct. App. 2016).
Anderson v. Applewood Water Ass'n, Inc, 2015 COA 162 (Colo. Ct. App. 2016). “Thus, “it is the policy of-this-'state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such Komeowher associations.”
Silverview at Overlook, LLC v. Overlook at Mt. Crested Butte Ltd. Liab. Co., 97 P.3d 252 (Colo. Ct. App. 2004). “” Section 38-33.3-102(l)(c), C.R.S.2003 (emphasis added).”
Ryan Ranch Cmty. Ass'n, Inc. v. Kelley, 2016 CO 65 (Colo. 2016). “§ 38-33.3-102. With regard to amending a declaration in particular, the Act 3 imposes a number of limitations, including the condition that an amendment requires an affirmative vote of at least a majority of unit owners (two-thirds in the case of increasing the number of units),…”
Evergreen Highlands Ass'n v. West, 73 P.3d 1 (Colo. 2003). “, § 38-33.3-102(1)(b), 10 C.R.S. (2002) ("That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations .”
A.C. Excavating v. Yacht Club II Homeowners Ass'n, 114 P.3d 862 (Colo. 2005). “See § 38-33.3-102(b), C.R.S. (2004); Jerry C.”
Arrabelle at Vail Square Residential Condo. Ass'n, Inc. v. Arrabelle at Vail Square LLC, 2016 COA 123 (Colo. Ct. App. 2016). “” § 38-33.3-102(l)(a), C.R.S. 2015 (CCIOA legislative declaration).”
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021). “See § 38-33.3-102(1)(a), C.R.S. 2020 (“[I]t 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.”
Ryan Ranch Cmty. Ass'n v. Kelley, 409 P.3d 375 (Colo. Ct. App. 2014). “¶ 32 CCIOA was enacted by the General Assembly in order to establish “a clear, comprehensive, and uniform framework for the creation and operation of common interest communities;” § 38-33.3-102(l)(a), C.R.S. 2013. A common interest community is real estate described in a…”
Vallagio at Inverness Residential Condo. Ass'n, Inc. v. Metro. Homes, Inc., 412 P.3d 709 (Colo. Ct. App. 2015). “¶ 28 The district court ruled that the declarant consent provision violated three sections of CCIOA: sections 38-33.”
DeJean v. Grosz, 412 P.3d 733 (Colo. Ct. App. 2015). “§ 38-33.3-102(1)(a) ("[I]t 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.”
Pagosa Lakes Prop. Owners Ass'n v. Caywood, 973 P.2d 698 (Colo. Ct. App. 1998). “Section 38-33.3-102(l)(a), C.R.S.1997. And, although the Act was adopted after the creation of the association, portions of it apply to the association by virtue of §38— 33.”
Francis v. Aspen Mountain Condo. Ass'n, Inc, 2017 COA 19 (Colo. Ct. App. 2017). “3-217(1)(a)(I), and thwarts its stated legislative goals of providing flexibility and “effective and efficient property management,” § 38-33.3-102, C.R.S. 2016. AMCA asserts that, by allowing a single owner to veto declaration amendments, such a unanimous voting requirement…”
— Colo. Rev. Stat. § 38-33.3-102(1)(a) — 12 cases
Anderson v. Applewood Water Ass'n, Inc, 2015 COA 162 (Colo. Ct. App. 2016). “Thus, “it is the policy of-this-'state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such Komeowher associations.”
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021). “See § 38-33.3-102(1)(a), C.R.S. 2020 (“[I]t 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.”
Ryan Ranch Cmty. Ass'n, Inc. v. Kelley, 2016 CO 65 (Colo. 2016). “§ 38-33.3-102. With regard to amending a declaration in particular, the Act 3 imposes a number of limitations, including the condition that an amendment requires an affirmative vote of at least a majority of unit owners (two-thirds in the case of increasing the number of units),…”
Vallagio at Inverness Residential Condo. Ass'n, Inc. v. Metro. Homes, Inc., 412 P.3d 709 (Colo. Ct. App. 2015). “¶ 28 The district court ruled that the declarant consent provision violated three sections of CCIOA: sections 38-33.”
Tyra Summit Condos. II Ass'n, Inc. v. Clancy, 2017 COA 73 (Colo. Ct. App. 2017).
— Colo. Rev. Stat. § 38-33.3-102(1)(b) — 5 cases
Anderson v. Applewood Water Ass'n, Inc, 2015 COA 162 (Colo. Ct. App. 2016). “Thus, “it is the policy of-this-'state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such Komeowher associations.”
Evergreen Highlands Ass'n v. West, 73 P.3d 1 (Colo. 2003). “, § 38-33.3-102(1)(b), 10 C.R.S. (2002) ("That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations .”
DeJean v. Grosz, 412 P.3d 733 (Colo. Ct. App. 2015). “§ 38-33.3-102(1)(a) ("[I]t 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.”
Triple Crown at Observatory Vill. Ass'n v. Vill. Homes of Colorado, Inc., 328 P.3d 275 (Colo. Ct. App. 2013).
Majersky v. LCM Prop Mgmt (Colo. Ct. App. 2024).
— Colo. Rev. Stat. § 38-33.3-102(1)(c) — 1 case
Town of Vail v. Vill. Inn Plaza, 2021 COA 108 (Colo. Ct. App. 2021).
— Colo. Rev. Stat. § 38-33.3-102(1)(d) — 4 cases
Anderson v. Applewood Water Ass'n, Inc, 2015 COA 162 (Colo. Ct. App. 2016). “Thus, “it is the policy of-this-'state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such Komeowher associations.”
Evergreen Highlands Ass'n v. West, 73 P.3d 1 (Colo. 2003). “, § 38-33.3-102(1)(b), 10 C.R.S. (2002) ("That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations .”
DeJean v. Grosz, 412 P.3d 733 (Colo. Ct. App. 2015). “§ 38-33.3-102(1)(a) ("[I]t 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.”
Perfect Place, LLC v. Semler, 2016 COA 152 (Colo. Ct. App. 2016).
— Colo. Rev. Stat. § 38-33.3-102(b) — 1 case
A.C. Excavating v. Yacht Club II Homeowners Ass'n, 114 P.3d 862 (Colo. 2005). “See § 38-33.3-102(b), C.R.S. (2004); Jerry C.”
— Colo. Rev. Stat. § 38-33.3-102(l)(a) — 4 cases
Ryan Ranch Cmty. Ass'n, Inc. v. Kelley, 2016 CO 65 (Colo. 2016). “§ 38-33.3-102. With regard to amending a declaration in particular, the Act 3 imposes a number of limitations, including the condition that an amendment requires an affirmative vote of at least a majority of unit owners (two-thirds in the case of increasing the number of units),…”
Arrabelle at Vail Square Residential Condo. Ass'n, Inc. v. Arrabelle at Vail Square LLC, 2016 COA 123 (Colo. Ct. App. 2016). “” § 38-33.3-102(l)(a), C.R.S. 2015 (CCIOA legislative declaration).”
Ryan Ranch Cmty. Ass'n v. Kelley, 409 P.3d 375 (Colo. Ct. App. 2014). “¶ 32 CCIOA was enacted by the General Assembly in order to establish “a clear, comprehensive, and uniform framework for the creation and operation of common interest communities;” § 38-33.3-102(l)(a), C.R.S. 2013. A common interest community is real estate described in a…”
Pagosa Lakes Prop. Owners Ass'n v. Caywood, 973 P.2d 698 (Colo. Ct. App. 1998). “Section 38-33.3-102(l)(a), C.R.S.1997. And, although the Act was adopted after the creation of the association, portions of it apply to the association by virtue of §38— 33.”
— Colo. Rev. Stat. § 38-33.3-102(l)(c) — 3 cases
Silverview at Overlook, LLC v. Overlook at Mt. Crested Butte Ltd. Liab. Co., 97 P.3d 252 (Colo. Ct. App. 2004). “” Section 38-33.3-102(l)(c), C.R.S.2003 (emphasis added).”
Arrabelle at Vail Square Residential Condo. Ass'n, Inc. v. Arrabelle at Vail Square LLC, 2016 COA 123 (Colo. Ct. App. 2016). “” § 38-33.3-102(l)(a), C.R.S. 2015 (CCIOA legislative declaration).”
Ryan Ranch Cmty. Ass'n v. Kelley, 409 P.3d 375 (Colo. Ct. App. 2014). “¶ 32 CCIOA was enacted by the General Assembly in order to establish “a clear, comprehensive, and uniform framework for the creation and operation of common interest communities;” § 38-33.3-102(l)(a), C.R.S. 2013. A common interest community is real estate described in a…”
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