(1) (a) A common interest community may be created pursuant to this article 33.3 only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be:
(I) Executed by or with the express written authorization of the owner or owners of the real estate that is to be included in the common interest community, as shown by the records of the county clerk and recorder's office of the county where the real estate is located;
(II) Recorded in every county in which any portion of the common interest community is located;
(III) Indexed in the grantee's index in the name of the common interest community and in the name of the association; and
(IV) Indexed in the grantor's index in the name of each person executing the declaration.
(b) No common interest community is created until the plat or map for the common interest community is recorded.
(2) In a common interest community with horizontal unit boundaries, a declaration, or an amendment to a declaration, creating or adding units shall include a certificate of completion executed by an independent licensed or registered engineer, surveyor, or architect stating that all structural components of all buildings containing or comprising any units thereby created are substantially completed.
Source: L. 91: Entire article added, p. 1715, § 1, effective July 1, 1992. L. 93: Entire section amended, p. 646, § 8, effective April 30. L. 2024: (1) amended, (HB 24-1383), ch. 182, p. 983, § 2, effective August 7.
Editor's note: Section 4(2) of chapter 182 (HB 24-1383), Session Laws of Colorado 2024, provides that the act changing this section applies to declarations that are executed or amended on or after August 7, 2024.
Cross references: For the legislative declaration in HB 24-1383, see section 1 of chapter 182, Session Laws of Colorado 2024.
Notes of Decisions
Pulte Home Corp. v. Countryside Cmty. Ass'n, Inc, 2016 CO 64 (Colo. 2016).
· cites it 11× “Formation Under CCIOA ¶39 Section 38-33.3-201 of CCIOA governs the creation of common interest communities and states in part that “[a] common interest community may be created pursuant to this article only by recording a declaration executed in the same manner as a deed and, in…”
McMullin v. Hauer, 2018 CO 57 (Colo. 2018).
· cites it 2× “" § 38-33.3-201(1), C.R.S. (2017). A declaration is "any recorded instruments however denominated, that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps.”
v. Brooks Towers Residences, 2021 COA 87 (Colo. Ct. App. 2021).
· cites it 2× “§ 38-33.3-201(1), C.R.S. 2020; see also Pulte Home Corp.”
Cuerna Verde v. Adams (Colo. Ct. App. 2025).
· cites it 4× “” § 38-33.3-201(1)(a), C.R.S. 2024. “No common interest community is created until the plat or map for the common interest community is recorded.”
Hauer v. McMullin, 421 P.3d 1154 (Colo. Ct. App. 2015).
· cites it 2× “Discussion ¶ 42 Under the Colorado Common Interest Ownership Act (CCIOA), a common interest community is defined, in pertinent part, as "real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for…”
— Colo. Rev. Stat. § 38-33.3-201(1) — 6 cases
Pulte Home Corp. v. Countryside Cmty. Ass'n, Inc, 2016 CO 64 (Colo. 2016).
“Formation Under CCIOA ¶39 Section 38-33.3-201 of CCIOA governs the creation of common interest communities and states in part that “[a] common interest community may be created pursuant to this article only by recording a declaration executed in the same manner as a deed and, in…”
McMullin v. Hauer, 2018 CO 57 (Colo. 2018).
“" § 38-33.3-201(1), C.R.S. (2017). A declaration is "any recorded instruments however denominated, that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps.”
— Colo. Rev. Stat. § 38-33.3-201(1)(a) — 1 case
Cuerna Verde v. Adams (Colo. Ct. App. 2025).
“” § 38-33.3-201(1)(a), C.R.S. 2024. “No common interest community is created until the plat or map for the common interest community is recorded.”
— Colo. Rev. Stat. § 38-33.3-201(1)(b) — 1 case
Cuerna Verde v. Adams (Colo. Ct. App. 2025).
“” § 38-33.3-201(1)(a), C.R.S. 2024. “No common interest community is created until the plat or map for the common interest community is recorded.”
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