C.R.S. §38-33.3-117
—

Applicability to preexisting common interest communities

Defines which CCIOA provisions apply retroactively to common interest communities created in Colorado before July 1, 1992. Subsection (1) applies foundational provisions (definitions, construction rules, the assessment lien at §316, the records statute at §317 as of 2006, and others) to all pre-1992 communities for events occurring on or after July 1, 1992. Subsection (1.5) extends the public-disclosures regime (§§209.4–209.7), the board and budget rules in §303 and §308, and other governance provisions to pre-1992 communities for events on or after January 1, 2006. Subsection (1.9) extends the §303.5 construction defect procedure to all communities regardless of formation date.

Status Active
Verified Sep 5, 2026
Source Official text

Reviewed · Colorado changes feed

Statutory Text Verified Aug 5, 2026 · OTHER
C.R.S. Section 38-33.3-117 Applicability to preexisting common interest communities (1) Except as provided in section 38-33.3-119 , the following sections apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 1992: (a) 38-33.3-101 and 38-33.3-102 ; (b) 38-33.3-103 , to the extent necessary in construing any of the other sections of this article; (c) 38-33.3-104 to 38-33.3-111 ; (d) 38-33.3-114 ; (e) 38-33.3-118 ; (f) 38-33.3-120 ; (g) 38-33.3-122 and 38-33.3-123 ; (h) 38-33.3-203 and 38-33.3-217 (7); (i) 38-33.3-302 (1)(a) to (1)(f), (1)(j) to (1)(m), and (1)(o) to (1)(q); (i.5) 38-33.3-221.5 ; (i.7) 38-33.3-303 (1)(b) and (3)(b); (j) 38-33.3-311 ; (k) 38-33.3-316 ; (k.5) 38-33.3-316.3 ; and (l) 38-33.3-317 , as it existed prior to January 1, 2006, 38-33.3-318 , and 38-33.3-319 . (1.5) Except as provided in section 38-33.3-119 , the following sections apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after January 1, 2006: (a)(Deleted by amendment, L. 2006, p. 1217, § 3, effective May 26, 2006.)(b) 38-33.3-124 ; (c) 38-33.3-209.4 to 38-33.3-209.7 ; (d) 38-33.3-217 (1); (e)(Deleted by amendment, L. 2006, p. 1217, § 3, effective May 26, 2006.)(f) 38-33.3-301 ; (g) 38-33.3-302 (3) and (4); (h) 38-33.3-303 (1)(b), (3)(b), and (4)(b); (i) 38-33.3-308 (1), (2)(b), (2.5), and (4.5); (j) 38-33.3-310 (1) and (2); (k) 38-33.3-310.5 ; (l) 38-33.3-315 (7); (m) 38-33.3-317 ; and (n) 38-33.3-401 . (1.7) Except as provided in section 38-33.3-119 , section 38-33.3-209.5 (1)(b)(IX) shall apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 2010. (1.8) Except as provided in section 38-33.3-119 , section 38-33.3-303 (4)(a) applies to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 2017. (1.9) Notwithstanding any other provision of law, section 38-33.3-303.5 applies to all common interest communities created within this state on, before, or after July 1, 1992, with respect to events and circumstances occurring on or after September 1, 2017. (2) The sections specified in paragraphs (a) to (j) and (l) of subsection (1) of this section shall be applied and construed to establish a clear, comprehensive, and uniform framework for the operation and management of common interest communities within this state and to supplement the provisions of any declaration, bylaws, plat, or map in existence on June 30, 1992. Except for section 38-33.3-217 (7), in the event of specific conflicts between the provisions of the sections specified in paragraphs (a) to (j) and (l) of subsection (1) of this section, and express requirements or restrictions in a declaration, bylaws, a plat, or a map in existence on June 30, 1992, such requirements or restrictions in the declaration, bylaws, plat, or map shall control, but only to the extent necessary to avoid invalidation …
Governance
Ref Requirement
(1) Older Colorado HOAs (formed before July 1992) are NOT fully governed by CCIOA, but the most important sections — assessment liens, collection limits, and certain governance provisions — DO apply to them. Boards in older communities cannot point to the original CC&Rs as overriding these statutory provisions.
Legal references last verified September 5, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
Login