Colorado § 38-33.3-208 Limited common elements

Colorado Statutes

§ 38-33.3-208 — Limited common elements

Colorado § 38-33.3-208

Title 38Property -

Art.Colorado Common Interest Ownership Act

This text of Colorado § 38-33.3-208 (Limited common elements) 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. § 38-33.3-208 (2026).

Text

(1)Except for the limited common elements described in section 38-33.3-202 (1)(b) and (1)(d), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected.

(2)Subject to any provisions of the declaration, a limited common element may be reallocated between or among units after compliance with the procedure set forth in this subsection (2). In order to reallocate limited common elements between or among units, the unit owners of those units, as the applicants, must submit an application for approval of the proposed reallocation to the executive board, which application shall be executed by those unit owners and shall include:

(a)The proposed form

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(1) Except for the limited
common elements described in section 38-33.3-202 (1)(b) and (1)(d), the declaration
shall specify to which unit or units each limited common element is allocated. That
allocation may not be altered without the consent of the unit owners whose units
are affected.

(2) Subject to any provisions of the declaration, a limited common element
may be reallocated between or among units after compliance with the procedure
set forth in this subsection (2). In order to reallocate limited common elements
between or among units, the unit owners of those units, as the applicants, must
submit an application for approval of the proposed reallocation to the executive
board, which application shall be executed by those unit owners and shall include:

(a) The proposed form for an amendment to the declaration as may be
necessary to show the reallocation of limited common elements between or among
units;

(b) A deposit against attorney fees and costs which the association will incur
in reviewing and effectuating the application, in an amount reasonably estimated by
the executive board; and

(c) Such other information as may be reasonably requested by the executive
board. No reallocation shall be effective without the approval of the executive
board. The reallocation shall be effectuated by an amendment signed by the
association and by those unit owners between or among whose units the
reallocation is made, which amendment shall be recorded as provided in section 38-33.3-217 (3). All costs and attorney fees incurred by the association as a result of
the application shall be the sole obligation of the applicants.

(3) A common element not previously allocated as a limited common
element may be so allocated only pursuant to provisions in the declaration made in
accordance with section 38-33.3-205 (1)(g). The allocations must be made by
amendments to the declaration prepared, executed, and recorded by the declarant.