Colorado Code
Part 1 - General Provisions
§ 38-33.3-103. Definitions

As used in the declaration and bylaws of an association, unless specifically provided otherwise or unless the context otherwise requires, and in this article:




(2.5) "Approved for development" means that all or some portion of a particular parcel of real property is zoned or otherwise approved for construction of residential and other improvements and authorized for specified densities by the local land use authority having jurisdiction over such real property and includes any conceptual or final planned unit development approval.






















(16.5) "Horizontal boundary" means a plane of elevation relative to a described bench mark that defines either a lower or an upper dimension of a unit such that the real estate respectively below or above the defined plane is not a part of the unit.

(17.5) "Large planned community" means a planned community that meets the criteria set forth in section 38-33.3-116.3 (1).


(19.5) "Map" means that part of a declaration that depicts all or any portion of a common interest community in three dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A map is required for a common interest community with units having a horizontal boundary. A map and a plat may be combined in one instrument.


(21.5) "Phased community" means a common interest community in which the declarant retains development rights.

(22.5) "Plat" means that part of a declaration that is a land survey plat as set forth in section 38-51-106, depicts all or any portion of a common interest community in two dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A plat and a map may be combined in one instrument.














Source: L. 91: Entire article added, p. 1702, § 1, effective July 1, 1992. L. 93: IP, (8), and (25) amended and (16.5), (19.5), (22.5), and (32) added, p. 642, § 1, effective April 30. L. 94: (17.5) added, p. 2845, § 1, effective July 1; (22.5) amended, p. 1509, § 44, effective July 1. L. 95: (2.5) added, p. 236, § 1, effective July 1. L. 97: (22.5) amended, p. 151, § 2, effective March 28. L. 98: (20) amended, p. 477, § 1, effective July 1. L. 2006: (21.5) added, p. 1215, § 1, effective May 26. L. 2013: (33) added, (SB 13-183), ch. 187, p. 757, § 2, effective May 10.

Structure Colorado Code

Colorado Code

Title 38 - Property - Real and Personal

Article 33.3 - Colorado Common Interest Ownership Act

Part 1 - General Provisions

§ 38-33.3-101. Short Title

§ 38-33.3-102. Legislative Declaration

§ 38-33.3-103. Definitions

§ 38-33.3-104. Variation by Agreement

§ 38-33.3-105. Separate Titles and Taxation

§ 38-33.3-106. Applicability of Local Ordinances, Regulations, and Building Codes

§ 38-33.3-106.5. Prohibitions Contrary to Public Policy - Patriotic, Political, or Religious Expression - Emergency Vehicles - Fire Prevention - Renewable Energy Generation Devices - Affordable Housing - Drought Prevention Measures - Child Care - Def...

§ 38-33.3-106.7. Unreasonable Restrictions on Energy Efficiency Measures - Definitions

§ 38-33.3-106.8. Unreasonable Restrictions on Electric Vehicle Charging Systems - Legislative Declaration - Definitions

§ 38-33.3-107. Eminent Domain

§ 38-33.3-108. Supplemental General Principles of Law Applicable

§ 38-33.3-109. Construction Against Implicit Repeal

§ 38-33.3-110. Uniformity of Application and Construction

§ 38-33.3-111. Severability

§ 38-33.3-112. Unconscionable Agreement or Term of Contract

§ 38-33.3-113. Obligation of Good Faith

§ 38-33.3-114. Remedies to Be Liberally Administered

§ 38-33.3-115. Applicability to New Common Interest Communities

§ 38-33.3-116. Exception for New Small Cooperatives and Small and Limited Expense Planned Communities

§ 38-33.3-116.3. Large Planned Communities - Exemption From Certain Requirements

§ 38-33.3-117. Applicability to Preexisting Common Interest Communities

§ 38-33.3-118. Procedure to Elect Treatment Under the "Colorado Common Interest Ownership Act"

§ 38-33.3-119. Exception for Small Preexisting Cooperatives and Planned Communities

§ 38-33.3-120. Amendments to Preexisting Governing Instruments

§ 38-33.3-120.5. Extension of Declaration Term

§ 38-33.3-121. Applicability to Nonresidential Planned Communities

§ 38-33.3-122. Applicability to Out-of-State Common Interest Communities

§ 38-33.3-123. Enforcement - Limitation

§ 38-33.3-124. Legislative Declaration - Alternative Dispute Resolution Encouraged - Policy Statement Required