Colorado § 38-33.3-311 Tort and contract liability

Colorado Statutes

§ 38-33.3-311 — Tort and contract liability

Colorado § 38-33.3-311

Title 38Property -

Art.Colorado Common Interest Ownership Act

This text of Colorado § 38-33.3-311 (Tort and contract liability) 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. § 38-33.3-311 (2026).

Text

(1)Neither the association nor any unit owner except the declarant is liable for any cause of action based upon that declarant's acts or omissions in connection with any part of the common interest community which that declarant has the responsibility to maintain. Otherwise, any action alleging an act or omission by the association must be brought against the association and not against any unit owner. If the act or omission occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for all tort losses not covered by insurance suffered by the association or that unit owner and all co

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Neither the association nor any
unit owner except the declarant is liable for any cause of action based upon that
declarant's acts or omissions in connection with any part of the common interest
community which that declarant has the responsibility to maintain. Otherwise, any
action alleging an act or omission by the association must be brought against the
association and not against any unit owner. If the act or omission occurred during
any period of declarant control and the association gives the declarant reasonable
notice of and an opportunity to defend against the action, the declarant who then
controlled the association is liable to the association or to any unit owner for all tort
losses not covered by insurance suffered by the association or that unit owner and
all costs that the association would not have incurred but for such act or omission.
Whenever the declarant is liable to the association under this section, the declarant
is also liable for all expenses of litigation, including reasonable attorney fees,
incurred by the association. Any statute of limitation affecting the association's
right of action under this section is tolled until the period of declarant control
terminates. A unit owner is not precluded from maintaining an action contemplated
by this section by being a unit owner or a member or officer of the association.

(2) The declarant is liable to the association for all funds of the association
collected during the period of declarant control which were not properly expended.