§ 38-33.3-302 — Powers of unit owners' association

Colorado § 38-33.3-302

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Colorado Common Interest Ownership Act

Text

(1) Except as provided in
subsections (2) and (3) of this section, and subject to the provisions of the
declaration, the association, without specific authorization in the declaration, may:

(a) Adopt and amend bylaws and rules and regulations;

(b) Adopt and amend budgets for revenues, expenditures, and reserves and
collect assessments for common expenses from unit owners;

(c) Hire and terminate managing agents and other employees, agents, and
independent contractors;

(d) Institute, defend, or intervene in litigation or administrative proceedings
in its own name on behalf of itself or two or more unit owners on matters affecting
the common interest community;

(e) Make contracts and incur liabilities;

(f) Regulate the use, maintenance, repair, replacement, and modification of
common elements; except that, in regulating the use of common elements by unit
owners, the association shall comply with section 38-33.3-302.5, including during
the maintenance, repair, replacement, or modification of a common element;

(g) Cause additional improvements to be made as a part of the common
elements;

(h) Acquire, hold, encumber, and convey in its own name any right, title, or
interest to real or personal property, subject to the following exceptions:

(I) Common elements in a condominium or planned community may be
conveyed or subjected to a security interest only pursuant to section 38-33.3-312;
and

(II) Part of a cooperative may be conveyed, or all or part of a cooperative may
be subjected to a security interest, only pursuant to section 38-33.3-312;

(i) Grant easements, leases, licenses, and concessions through or over the
common elements;

(j) Impose and receive any payments, fees, or charges for the use, rental, or
operation of the common elements other than limited common elements described
in section 38-33.3-202 (1)(b) and (1)(d);

(k) (I) Impose charges for late payment of assessments, recover reasonable
attorney fees and other legal costs for collection of assessments and other actions
to enforce the power of the association, regardless of whether or not suit was
initiated, and, after notice and an opportunity to be heard, levy reasonable fines for
violations of the declaration, bylaws, and rules and regulations of the association.

(II) The association may not levy fines against a unit owner for violations of
declarations, bylaws, or rules of the association for failure to adequately water
landscapes or vegetation for which the unit owner is responsible when water
restrictions or guidelines from the local water district or similar entity are in place
and the unit owner is watering in compliance with such restrictions or guidelines.
The association may require proof from the unit owner that the unit owner is
watering the landscape or vegetation in a manner that is consistent with the
maximum watering permitted by the restrictions or guidelines then in effect.

(l) Impose reasonable charges for the preparation and recordation of
amendments to the declaration or statements of unpaid assessments;

(m) Provide for the indemnification of its officers and executive board and
maintain directors' and officers' liability insurance;

(n) Assign its right to future income, including the right to receive common
expense assessments, but only to the extent the declaration expressly so provides;

(o) Exercise any other powers conferred by the declaration or bylaws;

(p) Exercise all other powers that may be exercised in this state by legal
entities of the same type as the association; and

(q) Exercise any other powers necessary and proper for the governance and
operation of the association.

(2) The declaration may not impose limitations on the power of the
association to deal with the declarant that are more restrictive than the limitations
imposed on the power of the association to deal with other persons.

(3) (a) Any managing agent, employee, independent contractor, or other
person acting on behalf of the association shall be subject to this article to the
same extent as the association itself would be.

(b) Decisions concerning the approval or denial of a unit owner's application
for architectural or landscaping changes shall be made in accordance with
standards and procedures set forth in the declaration or in duly adopted rules and
regulations or bylaws of the association, and shall not be made arbitrarily or
capriciously.

(4) (a) The association's contract with a managing agent shall be terminable
for cause without penalty to the association. Any such contract shall be subject to
renegotiation.

(b) Notwithstanding section 38-33.3-117 (1.5)(g), this subsection (4) shall not
apply to an association that includes time-share units, as defined in section 38-33-110 (7).

Legislative History

Source: L. 91: Entire article added, p. 1735, � 1, effective July 1, 1992. L. 2005: IP(1) amended and (3) and (4) added, p. 1382, � 12, effective January 1, 2006. L. 2013: (1)(k) amended, (SB 13-183), ch. 187, p. 758, � 4, effective May 10. L. 2022: (1)(f) amended, (HB 22-1040), ch. 93, p. 448, � 1, effective August 10.