A unit owners' association
shall be organized no later than the date the first unit in the common interest community is
conveyed to a purchaser. The membership of the association at all times shall consist exclusively
of all unit owners or, following termination of the common interest community, of all former
unit owners entitled to distributions of proceeds under section 38-33.3-218, or their heirs,
personal representatives, successors, or assigns. The association shall be organized as a
nonprofit, not-for-profit, or for-profit corporation or as a limited liability company in accordance
with the laws of the state of Colorado; except that the failure of the association to incorporate or
organize as a limited liability company will not adversely affect either the existence of the
common interest community for purposes of this article or the rights of persons acting in reliance
upon such existence, other than as specifically provided in section 38-33.3-316. Neither the
choice of entity nor the organizational structure of the association shall be deemed to affect its
substantive rights and obligations under this article.
Source: L. 91: Entire article added, p. 1735, § 1, effective July 1, 1992. L. 98: Entire
section amended, p. 483, § 13, effective July 1. L. 2005: Entire section amended, p. 1382, § 11,
effective January 1, 2006.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2008–2025 · leading case:
DeJean v. Grosz, 412 P.3d 733 (Colo. Ct. App. 2015).
DeJean v. Grosz, 412 P.3d 733 (Colo. Ct. App. 2015).
· cites it 13× “3 ¶ 37 Relying on section 38-33.3-301, C.R.S.2014, the DeJeans contend that Grosz was required to obtain their consent before incorporating the Association.”
McMullin v. Hauer, 2018 CO 57 (Colo. 2018).
· cites it 4× “" § 38-33.3-301, C.R.S. (2017). By statute, "[t]he association shall be organized as a nonprofit, not-for-profit, or for-profit corporation or as a limited liability company.”
Accetta v. Brooks Towers Residences Condo. Ass'n, Inc., 2019 CO 11 (Colo. 2019).
· cites it 2× “For example, section 38-33.3-301 provides that every common interest community must have a unit owners' association and that "[t]he membership of the association at all times shall consist exclusively of all unit owners.”
Pines Point Marina v. Rehak, 961 A.2d 574 (Md. 2008).
“3-301 (West 2008) (association should be organized as a corporation or limited liability company, but its failure to so organize does not adversely affect the existence of the community); Fla. Stat.”
Triple Crown at Observatory Vill. Ass'n v. Vill. Homes of Colorado, Inc., 389 P.3d 888 (Colo. Ct. App. 2013).
· cites it 3× “The court reasoned that under section 38-33.3-301, C.R.S. 2013, of CCIOA, a unit owners’ association like the Association here “shall be organized as a nonprofit, not-for-profit, or for-profit corporation or as a limited liability company in accordance with the laws of the state…”
Hauer v. McMullin, 421 P.3d 1154 (Colo. Ct. App. 2015).
· cites it 9× “" ¶ 46 Here, the majority concludes that the plat, the subdivision agreement entered into between the Board of County Commissioners of Rio Blanco County and Crea J.”
Starski v. Holderness (Colo. Ct. App. 2025).
· cites it 4× “¶ 20 Starski argues that section 38-33.3-301, C.R.S. 2025, required the incorporation of the HOA before the date the first unit in the subdivision was conveyed.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.