Colorado § 38-33.3-116 Exception for new small cooperatives and small and limited-expense planned communities

Colorado Statutes

§ 38-33.3-116 — Exception for new small cooperatives and small and limited-expense planned communities

Colorado § 38-33.3-116

Title 38Property -

Art.Colorado Common Interest Ownership Act

This text of Colorado § 38-33.3-116 (Exception for new small cooperatives and small and limited-expense planned communities) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-33.3-116 (2026).

Text

(1)(a) Except as described in subsection (4) of this section, if a cooperative or planned community was created in this state on or after July 1, 1992, and either contains only units restricted to nonresidential use or contains no more than twenty units and is not subject to any development rights, it is subject only to sections 38-33.3-105 to 38-33.3-107, unless the declaration provides that this entire article 33.3 is applicable.

(b)Except as described in subsection (4) of this section, if a planned community provides in its declaration that the annual average common expense liability of each unit restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, must not exceed four hundred dollars, as adjusted pursuant to

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(1) (a) Except as described in subsection (4) of this
section, if a cooperative or planned community was created in this state on or after
July 1, 1992, and either contains only units restricted to nonresidential use or
contains no more than twenty units and is not subject to any development rights, it
is subject only to sections 38-33.3-105 to 38-33.3-107, unless the declaration
provides that this entire article 33.3 is applicable.

(b) Except as described in subsection (4) of this section, if a planned
community provides in its declaration that the annual average common expense
liability of each unit restricted to residential purposes, exclusive of optional user
fees and any insurance premiums paid by the association, must not exceed four
hundred dollars, as adjusted pursuant to subsection (3) of this section, it is subject
only to sections 38-33.3-105 to 38-33.3-107, unless the declaration provides that
this entire article 33.3 is applicable.

(2) (Deleted by amendment, L. 2024.)

(3) (a) The amount of the dollar limitation set forth in subsection (1)(b) of this
section must be increased annually on July 1, 1999, and on July 1 of each succeeding
year in accordance with any increase in the United States department of labor
bureau of labor statistics final consumer price index for the Denver-Boulder
consolidated metropolitan statistical area for the preceding calendar year. The
amount of the limitation must not be increased if the final consumer price index for
the preceding calendar year did not increase and must not be decreased if the final
consumer price index for the preceding calendar year decreased.

(b) The amount of the dollar limitation set forth in subsection (1)(b) of this
section, as adjusted as described in subsection (3)(a) of this section, applies to each
planned community described in subsection (1)(b) of this section, regardless of
when the planned community was created.

(4) A cooperative or planned community that is subject only to sections 38-33.3-105 to 38-33.3-107 pursuant to subsection (1)(a) or (1)(b) of this section may
elect to be subject to this entire article 33.3. A cooperative or planned community
that so elects shall adopt an amendment to its declaration in accordance with
section 38-33.3-217 evidencing the cooperative or planned community's election to
be subject to this entire article 33.3.

Legislative History

Source: L. 91: Entire article added, p. 1710, � 1, effective July 1, 1992. L. 93: Entire section amended, p. 644, � 5, effective April 30. L. 98: Entire section amended, p. 477, � 2, effective July 1. L. 2009: (1) and (2) amended, (SB 09-249), ch. 248, p. 1119, � 1, effective May 14. L. 2016: (1) and (3) amended, (HB 16-1149), ch. 104, p. 300, � 2, effective July 1, 2018. L. 2024: Entire section amended, (SB 24-021), ch. 53, p. 183, � 1, effective August 7.