§ 38-33.3-307 — Upkeep of the common interest community

Colorado § 38-33.3-307

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

Text

(1) Except to the
extent provided by the declaration, subsection (2) of this section, or section 38-33.3-313 (9), the association is responsible for maintenance, repair, and
replacement of the common elements, and each unit owner is responsible for
maintenance, repair, and replacement of such owner's unit. Each unit owner shall
afford to the association and the other unit owners, and to their agents or
employees, access through such owner's unit reasonably necessary for those
purposes. If damage is inflicted, or a strong likelihood exists that it will be inflicted,
on the common elements or any unit through which access is taken, the unit owner
responsible for the damage, or expense to avoid damage, or the association if it is
responsible, is liable for the cost of prompt repair.

(1.5) Maintenance, repair, or replacement of any drainage structure or
facilities, or other public improvements required by the local governmental entity as
a condition of development of the common interest community or any part thereof
shall be the responsibility of the association, unless such improvements have been
dedicated to and accepted by the local governmental entity for the purpose of
maintenance, repair, or replacement or unless such maintenance, repair, or
replacement has been authorized by law to be performed by a special district or
other municipal or quasi-municipal entity.

(2) In addition to the liability that a declarant as a unit owner has under this
article, the declarant alone is liable for all expenses in connection with real estate
within the common interest community subject to development rights. No other unit
owner and no other portion of the common interest community is subject to a claim
for payment of those expenses. Unless the declaration provides otherwise, any
income or proceeds from real estate subject to development rights inures to the
declarant. If the declarant fails to pay all expenses in connection with real estate
within the common interest community subject to development rights, the
association may pay such expenses, and such expenses shall be assessed as a
common expense against the real estate subject to development rights, and the
association may enforce the assessment pursuant to section 38-33.3-316 by
treating such real estate as if it were a unit. If the association acquires title to the
real estate subject to the development rights through foreclosure or otherwise, the
development rights shall not be extinguished thereby, and, thereafter, the
association may succeed to any special declarant rights specified in a written
instrument prepared, executed, and recorded by the association in accordance with
the requirements of section 38-33.3-304 (3).

(3) In a planned community, if all development rights have expired with
respect to any real estate, the declarant remains liable for all expenses of that real
estate unless, upon expiration, the declaration provides that the real estate
becomes common elements or units.

(4) In maintaining, repairing, or replacing common elements as required by
subsection (1) of this section, an association shall comply with section 38-33.3-302.5 concerning unit owners' access to common elements.

Legislative History

Source: L. 91: Entire article added, p. 1744, � 1, effective July 1, 1992. L. 93: (2) amended, p. 651, � 17, effective April 30. L. 98: (2) amended, p. 483, � 14, effective July 1. L. 2022: (4) added, (HB 22-1040), ch. 93, p. 449, � 3, effective August 10.