Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-33.3-104 (2026)

Variation by agreement

✓ current as of July 2026
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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: L. 91: Entire article added, p. 1707, § 1, effective July 1, 1992.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1998–2025 · leading case: Vallagio at Inverness Residential Condo. Ass'n v. Metro. Homes, Inc., 395 P.3d 788 (Colo. 2017).
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Vallagio at Inverness Residential Condo. Ass'n v. Metro. Homes, Inc., 395 P.3d 788 (Colo. 2017). · cites it 19× “(2016), for amending a declaration; (2) it is a device intended to evade the foregoing 67% limitation and thus is proscribed by section 38-33.3-104, C.R.S. (2016); and (3) in violation of section 38-33.”
Pulte Home Corp. v. Countryside Cmty. Ass'n, Inc, 2016 CO 64 (Colo. 2016). · cites it 4× “Because article XII, section 4 of the CCR and section 38-33.3-104 of CCIOA provide that the statute prevails in the event of any conflict between the two sources, we then consider whether the CCR’s formation framework comports with CCIOA.”
Ryan Ranch Cmty. Ass'n, Inc. v. Kelley, 2016 CO 65 (Colo. 2016). · cites it 4× “See § 38-33.3-104 (“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.”
Silverview at Overlook, LLC v. Overlook at Mt. Crested Butte Ltd. Liab. Co., 97 P.3d 252 (Colo. Ct. App. 2004). · cites it 2× “3-205 are underscored by § 38-33.3-104, C.R.S.2003, which prohibits 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.”
Vallagio at Inverness Residential Condo. Ass'n, Inc. v. Metro. Homes, Inc., 412 P.3d 709 (Colo. Ct. App. 2015). · cites it 7× “Section 38-33.3-104 ¶ 39 CCIOA section 38-33.”
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021). · cites it 4× “” § 38-33.3-104, C.R.S. 2020. 17 ¶ 44 Our decision is in line with recent supreme court cases strictly enforcing other procedural requirements set forth in CCIOA.”
Ryan Ranch Cmty. Ass'n v. Kelley, 409 P.3d 375 (Colo. Ct. App. 2014). · cites it 5× “¶ 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.”
Arrabelle at Vail Square Residential Condo. Ass'n, Inc. v. Arrabelle at Vail Square LLC, 2016 COA 123 (Colo. Ct. App. 2016). · cites it 3× “” § 38-33.3-104, C.R.S. 2015. A; Development Rights ¶ 18 In granting the Association’s motion for partial summary judgment, the trial court concluded that section 19 of the RECA reserved the right to condominiumize the Airspace Lot and, therefore, reserved a development right in…”
Manor Vail Condo. Ass'n v. Bd. of Equalization, 956 P.2d 654 (Colo. Ct. App. 1998). · cites it 2× “Given this conclusion, we also need not consider the defendants’ argument that enforcement of the stipulation would contravene the uniformity clause of the state constitution and violate public policy by requiring them to ignore non-residential common elements and to apply a…”
2800 v. Residences (Colo. Ct. App. 2025). · cites it 2× “See § 38-33.3-104, C.R.S. 2025 (“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.”
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