Colorado § 38-33.3-117 Applicability to preexisting common interest communities

Colorado Statutes

§ 38-33.3-117 — Applicability to preexisting common interest communities

Colorado § 38-33.3-117

Title 38Property -

Art.Colorado Common Interest Ownership Act

This text of Colorado § 38-33.3-117 (Applicability to preexisting common interest 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. § 38-33.3-117 (2026).

Text

(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,

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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.

Legislative History

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.