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Colorado Revised Statutes

Colo. Rev. Stat. § 38-33.3-117 (2026)

Applicability to preexisting common interest communities

✓ current as of July 2026
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(1) 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:

(a) 38-33.3-101 and 38-33.3-102;

(b) 38-33.3-103, to the extent necessary in construing any of the other sections of this article;

(c) 38-33.3-104 to 38-33.3-111;

(d) 38-33.3-114;

(e) 38-33.3-118;

(f) 38-33.3-120;

(g) 38-33.3-122 and 38-33.3-123;

(h) 38-33.3-203 and 38-33.3-217 (7);

(i) 38-33.3-302 (1)(a) to (1)(f), (1)(j) to (1)(m), and (1)(o) to (1)(q); (i.5) 38-33.3-221.5; (i.7) 38-33.3-303 (1)(b) and (3)(b);

(j) 38-33.3-311;

(k) 38-33.3-316; (k.5) 38-33.3-316.3; and

(l) 38-33.3-317, as it existed prior to January 1, 2006, 38-33.3-318, and 38-33.3-319.

(1.5) 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 January 1, 2006:

(a) (Deleted by amendment, L. 2006, p. 1217, § 3, effective May 26, 2006.)

(b) 38-33.3-124;

(c) 38-33.3-209.4 to 38-33.3-209.7;

(d) 38-33.3-217 (1);

(e) (Deleted by amendment, L. 2006, p. 1217, § 3, effective May 26, 2006.)

(f) 38-33.3-301;

(g) 38-33.3-302 (3) and (4);

(h) 38-33.3-303 (1)(b), (3)(b), and (4)(b);

(i) 38-33.3-308 (1), (2)(b), (2.5), and (4.5);

(j) 38-33.3-310 (1) and (2);

(k) 38-33.3-310.5;

(l) 38-33.3-315 (7);

(m) 38-33.3-317; and

(n) 38-33.3-401.

(1.7) Except as provided in section 38-33.3-119, section 38-33.3-209.5 (1)(b)(IX) shall 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, 2010.

(1.8) Except as provided in section 38-33.3-119, section 38-33.3-303 (4)(a) applies 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, 2017.

(1.9) Notwithstanding any other provision of law, section 38-33.3-303.5 applies to all common interest communities created within this state on, before, or after July 1, 1992, with respect to events and circumstances occurring on or after September 1, 2017.

(2) The sections specified in paragraphs (a) to (j) and (l) of subsection (1) of this section shall be applied and construed to establish a clear, comprehensive, and uniform framework for the operation and management of common interest communities within this state and to supplement the provisions of any declaration, bylaws, plat, or map in existence on June 30, 1992. Except for section 38-33.3-217 (7), in the event of specific conflicts between the provisions of the sections specified in paragraphs (a) to (j) and (l) of subsection (1) of this section, and express requirements or restrictions in a declaration, bylaws, a plat, or a map in existence on June 30, 1992, such requirements or restrictions in the declaration, bylaws, plat, or map shall control, but only to the extent necessary to avoid invalidation of the specific requirement or restriction in the declaration, bylaws, plat, or map. Sections 38-33.3-217 (7) and 38-33.3-316 shall be applied and construed as stated in such sections.

(3) Except as expressly provided for in this section, this article shall not apply to common interest communities created within this state before July 1, 1992.

(4) Section 38-33.3-308 (2) to (7) shall apply to all common interest communities created within this state before July 1, 1995, and shall apply to all meetings of the executive board of such a community or any committee thereof occurring on or after said date. In addition, said section 38-33.3-308 (2) to (7) shall apply to all common interest communities created on or after July 1, 1995, and shall apply to all meetings of the executive board of such a community or any committee thereof occurring on or after said date.

Source: L. 91: Entire article added, p. 1711, § 1, effective July 1, 1992; entire section amended, p. 1928, § 64, effective July 1, 1992. L. 93: Entire section amended, p. 644, § 6, effective April 30. L. 95: (4) added, p. 889, § 2, effective July 1. L. 99: (1)(h) amended, p. 695, § 2, effective May 19. L. 2002: (2) amended, p. 767, § 1, effective August 7. L. 2005: (1)(g) and

(1)(l) amended and (1)(i.5) and (1.5) added, p. 1375, §§ 3, 4, effective January 1, 2006. L. 2006: (1)(g), (1.5)(a), and (1.5)(e) amended, p. 1217, § 3, effective May 26. L. 2009: (1)(i.7) and (1.7) added and (1.5)(h) amended, (HB 09-1359), ch. 257, p. 1165, §§ 3, 4, effective August 5. L. 2013: IP(1.5), (1.5)(l), and (1.5)(m) amended and (1.5)(n) added, (HB 13-1134), ch. 198, p. 808, § 4, effective August 7; IP(1) amended and (1)(k.5) added, (HB 13-1276), ch. 351, p. 2038, § 4, effective January 1, 2014. L. 2016: (1.8) added, (HB 16-1149), ch. 104, p. 300, § 1, effective July 1, 2018. L. 2017: (1.9) added, (HB 17-1279), ch. 232, p. 906, § 2, effective May 23. L. 2018: (1.8) amended, (HB 18-1342), ch. 387, p. 2317, § 1, effective July 1.

38-33.3-118. Procedure to elect treatment under the "Colorado Common Interest Ownership Act". (1) Any organization created prior to July 1, 1992, may elect to have the common interest community be treated as if it were created after June 30, 1992, and thereby subject the common interest community to all of the provisions contained in this article, in the following manner:

(a) If there are members or stockholders entitled to vote thereon, the board of directors may adopt a resolution recommending that such association accept this article and directing that the question of acceptance be submitted to a vote at a meeting of the members or stockholders entitled to vote thereon, which may be either an annual or special meeting. The question shall also be submitted whenever one-twentieth, or, in the case of an association with over one thousand members, one-fortieth, of the members or stockholders entitled to vote thereon so request. Written notice stating that the purpose, or one of the purposes, of the meeting is to consider electing to be treated as a common interest community organized after June 30, 1992, and thereby accepting the provisions of this article, together with a copy of this article, shall be given to each person entitled to vote at the meeting within the time and in the manner provided in the articles of incorporation, declaration, bylaws, or other governing documents for such association for the giving of notice of meetings to members. Such election to accept the provisions of this article shall require for adoption at least sixty-seven percent of the votes that the persons present at such meeting in person or by proxy are entitled to cast.

(b) If there are no persons entitled to vote thereon, the election to be treated as a common interest community under this article may be made at a meeting of the board of directors pursuant to a majority vote of the directors in office.

(2) A statement of election to accept the provisions of this article shall be executed and acknowledged by the president or vice-president and by the secretary or an assistant secretary of such association and shall set forth:

(a) The name of the common interest community and association;

(b) That the association has elected to accept the provisions of this article;

(c) That there were persons entitled to vote thereon, the date of the meeting of such persons at which the election was made to be treated as a common interest community under this article, that a quorum was present at the meeting, and that such acceptance was authorized by at least sixty-seven percent of the votes that the members or stockholders present at such meeting in person or by proxy were entitled to cast;

(d) That there were no members or stockholders entitled to vote thereon, the date of the meeting of the board of directors at which election to accept this article was made, that a quorum was present at the meeting, and that such acceptance was authorized by a majority vote of the directors present at such meeting;

(e) (Deleted by amendment, L. 93, p. 645, § 7, effective April 30, 1993.)

(f) The names and respective addresses of its officers and directors; and

(g) If there were no persons entitled to vote thereon but a common interest community has been created by virtue of compliance with section 38-33.3-103 (8), that the declarant desires for the common interest community to be subject to all the terms and provisions of this article.

(3) The original statement of election to be treated as a common interest community subject to the terms and conditions of this article shall be duly recorded in the office of the clerk and recorder for the county in which the common interest community is located.

(4) Upon the recording of the original statement of election to be treated as a common interest community subject to the provisions of this article, said common interest community shall be subject to all provisions of this article. Upon recording of the statement of election, such common interest community shall have the same powers and privileges and be subject to the same duties, restrictions, penalties, and liabilities as though it had been created after June 30, 1992.

(5) Notwithstanding any other provision of this section, and with respect to a common interest community making the election permitted by this section, this article shall apply only with respect to events and circumstances occurring on or after July 1, 1992, and does not invalidate provisions of any declaration, bylaws, or plats or maps in existence on June 30, 1992.

Source: L. 91: Entire article added, p. 1711, § 1, effective July 1, 1992; (5) amended, p. 1928, § 65, effective July 1, 1992. L. 93: IP(1), (1)(a), (2)(c), and (2)(e) amended, p. 645, § 7, effective April 30.

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 38-33.3-107 unless the declaration is amended in conformity with applicable law and with the procedures and requirements of the declaration to take advantage of the provisions of section 38-33.3-120, in which case all the sections enumerated in section 38-33.3-117 apply to that planned community.

Source: L. 91: Entire article added, p. 1713, § 1, effective July 1, 1992. L. 2009: Entire section amended, (SB 09-249), ch. 248, p. 1120, § 2, effective May 14. L. 2015: Entire section amended, (HB 15-1095), ch. 114, p. 344, § 1, effective August 5.

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 1998–2024 · leading case: & 15CA0203. DA Mountain Rentals, LLC v. The Lodge at Lionshead Phase III Condo. Ass'n, Inc, 2016 COA 141 (Colo. Ct. App. 2016).
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& 15CA0203. DA Mountain Rentals, LLC v. The Lodge at Lionshead Phase III Condo. Ass'n, Inc, 2016 COA 141 (Colo. Ct. App. 2016). · cites it 5× “Second, section 38-33.3-117 contains a list of CCIOA provisions, substantially lengthened over the years, which apply to pre-existing common interest communities.”
Frisco Lot v. Giberson Preserve, 2024 COA 125 (Colo. Ct. App. 2024). · cites it 4× “See §§ 38-33.3-117, -201, C.R.S. 2024. ¶ 26 We review summary judgment orders de novo, “recognizing that summary judgment is appropriate only where there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law.”
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021). · cites it 6× “And a provision of CCIOA, which applies to pre-existing communities for declaration amendments made on or after January 1, 2006, allows for amendments with as little as a simple majority of the votes in the association — or less if all units are restricted to nonresidential use.”
Giguere v. SJS Fam. Enter., Ltd., 155 P.3d 462 (Colo. Ct. App. 2006). “3-1283(1)(c), which is applicable to pre-CCIOA communities under § 38-33.3-117, provides in pertinent part: For each claim or defense .”
Francis v. Aspen Mountain Condo. Ass'n, Inc, 2017 COA 19 (Colo. Ct. App. 2017). · cites it 5× “Section 38-33.3-117(1.5) applies ■ section 38-33.”
Town of Vail v. Vill. Inn Plaza, 2021 COA 108 (Colo. Ct. App. 2021). · cites it 14× “2006) (sections of the CCIOA made applicable to pre-existing common interest communities apply retroactively pursuant to section 38-33.3-117). Here, the parties do not dispute that section 38-33.”
Tyra Summit Condos. II Ass'n, Inc. v. Clancy, 2017 COA 73 (Colo. Ct. App. 2017). · cites it 3× “2016), certain provisions apply to communities created before the Act was adopted (§ 38-33.3-117, C.R.S. 2016), including provisions relevant to this case: sections 38-33.”
Hallmark Bldg. Co. v. Westland Meadows Owners Ass'n, 983 P.2d 170 (Colo. Ct. App. 1999). · cites it 2× “See § 38-33.3-117, C.R.S.1998 (listing sections which apply to common interest communities created before July 1, 1992).”
Pagosa Lakes Prop. Owners Ass'n v. Caywood, 973 P.2d 698 (Colo. Ct. App. 1998). · cites it 2× “See §38-33.3-117(2), C.R.S.1997. In addition, while a unit owners’ association is not converted into a governmental entity by the Act, Woodmoor Improvement Ass’n v.”
Ba Mortg., LLC v. Quail Creek Condo. Ass'n, Inc., 192 P.3d 447 (Colo. Ct. App. 2008). “§ 38-33.3-117. It is undisputed that, except for the period the unit was owned by HUD, the lender was the owner of the unit during the period in question by virtue of the foreeclo-sure.”
Anthony T. ACCETTA & Nancy Accetta v. BROOKS TOWERS RESIDENCES Condo. Ass'n, INC., a Colorado nonprofit Corp. Mark Trenka in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Marla Grant in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Bill Clarke in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Clay Courter in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Robb Green in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. & Joan Foster in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc., 506 P.3d 857 (Colo. Ct. App. 2021). · cites it 37× “But, "[e]xcept as expressly provided for in" section 38-33.3-117, C.R.S. 2021, CCIOA "shall not apply to common interest communities created within this state before July 1, 1992.”
Highland Meadow Estates at Castle Peak Ranch, Inc. v. Buick, 994 P.2d 459 (Colo. Ct. App. 1999). · cites it 2× “The trial court, among other things, voided the easements on Lot 6 and Lot 13, enjoined defendants from the use, construction, or improvement of the dirt road on Lot 6, and awarded plaintiffs attorney fees pursuant to the Colorado Common Interest Ownership Act (CCIOA), § 38-33.”
Show all 14 citing cases →
Colo. Rev. Stat. § 38-33.3-117(1): 4 cases
Frisco Lot v. Giberson Preserve, 2024 COA 125 (Colo. Ct. App. 2024). “See §§ 38-33.3-117, -201, C.R.S. 2024. ¶ 26 We review summary judgment orders de novo, “recognizing that summary judgment is appropriate only where there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law.”
Town of Vail v. Vill. Inn Plaza, 2021 COA 108 (Colo. Ct. App. 2021). “2006) (sections of the CCIOA made applicable to pre-existing common interest communities apply retroactively pursuant to section 38-33.3-117). Here, the parties do not dispute that section 38-33.”
Francis v. Aspen Mountain Condo. Ass'n, Inc, 2017 COA 19 (Colo. Ct. App. 2017). “Section 38-33.3-117(1.5) applies ■ section 38-33.”
Anthony T. ACCETTA & Nancy Accetta v. BROOKS TOWERS RESIDENCES Condo. Ass'n, INC., a Colorado nonprofit Corp. Mark Trenka in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Marla Grant in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Bill Clarke in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Clay Courter in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Robb Green in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. & Joan Foster in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc., 506 P.3d 857 (Colo. Ct. App. 2021). “But, "[e]xcept as expressly provided for in" section 38-33.3-117, C.R.S. 2021, CCIOA "shall not apply to common interest communities created within this state before July 1, 1992.”
Colo. Rev. Stat. § 38-33.3-117(1)(f): 1 case
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021). “And a provision of CCIOA, which applies to pre-existing communities for declaration amendments made on or after January 1, 2006, allows for amendments with as little as a simple majority of the votes in the association — or less if all units are restricted to nonresidential use.”
Colo. Rev. Stat. § 38-33.3-117(1)(g): 1 case
Anthony T. ACCETTA & Nancy Accetta v. BROOKS TOWERS RESIDENCES Condo. Ass'n, INC., a Colorado nonprofit Corp. Mark Trenka in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Marla Grant in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Bill Clarke in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Clay Courter in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Robb Green in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. & Joan Foster in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc., 506 P.3d 857 (Colo. Ct. App. 2021). “But, "[e]xcept as expressly provided for in" section 38-33.3-117, C.R.S. 2021, CCIOA "shall not apply to common interest communities created within this state before July 1, 1992.”
Colo. Rev. Stat. § 38-33.3-117(1)(h): 1 case
Tyra Summit Condos. II Ass'n, Inc. v. Clancy, 2017 COA 73 (Colo. Ct. App. 2017). “2016), certain provisions apply to communities created before the Act was adopted (§ 38-33.3-117, C.R.S. 2016), including provisions relevant to this case: sections 38-33.”
Colo. Rev. Stat. § 38-33.3-117(2): 1 case
Pagosa Lakes Prop. Owners Ass'n v. Caywood, 973 P.2d 698 (Colo. Ct. App. 1998). “See §38-33.3-117(2), C.R.S.1997. In addition, while a unit owners’ association is not converted into a governmental entity by the Act, Woodmoor Improvement Ass’n v.”
Colo. Rev. Stat. § 38-33.3-117(3): 6 cases
Frisco Lot v. Giberson Preserve, 2024 COA 125 (Colo. Ct. App. 2024). “See §§ 38-33.3-117, -201, C.R.S. 2024. ¶ 26 We review summary judgment orders de novo, “recognizing that summary judgment is appropriate only where there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law.”
& 15CA0203. DA Mountain Rentals, LLC v. The Lodge at Lionshead Phase III Condo. Ass'n, Inc, 2016 COA 141 (Colo. Ct. App. 2016). “Second, section 38-33.3-117 contains a list of CCIOA provisions, substantially lengthened over the years, which apply to pre-existing common interest communities.”
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021). “And a provision of CCIOA, which applies to pre-existing communities for declaration amendments made on or after January 1, 2006, allows for amendments with as little as a simple majority of the votes in the association — or less if all units are restricted to nonresidential use.”
Town of Vail v. Vill. Inn Plaza, 2021 COA 108 (Colo. Ct. App. 2021). “2006) (sections of the CCIOA made applicable to pre-existing common interest communities apply retroactively pursuant to section 38-33.3-117). Here, the parties do not dispute that section 38-33.”
Anthony T. ACCETTA & Nancy Accetta v. BROOKS TOWERS RESIDENCES Condo. Ass'n, INC., a Colorado nonprofit Corp. Mark Trenka in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Marla Grant in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Bill Clarke in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Clay Courter in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. Robb Green in his Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc. & Joan Foster in her Off. capacity as a member of the Bd. of Directors of Brooks Towers Residences Condo. Ass'n, Inc., 506 P.3d 857 (Colo. Ct. App. 2021). “But, "[e]xcept as expressly provided for in" section 38-33.3-117, C.R.S. 2021, CCIOA "shall not apply to common interest communities created within this state before July 1, 1992.”
Colo. Rev. Stat. § 38-33.3-117(l)(f): 1 case
& 15CA0203. DA Mountain Rentals, LLC v. The Lodge at Lionshead Phase III Condo. Ass'n, Inc, 2016 COA 141 (Colo. Ct. App. 2016). “Second, section 38-33.3-117 contains a list of CCIOA provisions, substantially lengthened over the years, which apply to pre-existing common interest communities.”
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