Jonah Patel
The term condominium is defined by the Colorado Common Interest Ownership Act (CCIOA) as a community in which portions of real estate are designated for separate ownership, with the remainder designated for common ownership by the owners as tenants in common. In other words, common elements like structural parts of buildings, roofs, exterior walls, stairways, elevators, and parking areas are owned collectively by unit owners, not by associations. Condominium ownership has been officially recognized and adopted in Colorado since 1963 with the enactment of the Condominium Ownership Act (COA), which has since been amended several times. This act governs the formation, management, powers, and operations of all common-interest communities created before July 1, 1992, and outlines the required contents of condominium declarations and association bylaws.
| Characteristics | Values |
|---|---|
| Definition | "A community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners." |
| Condominium Unit | "An individual airspace together with an appurtenant interest in the general common elements." |
| General Common Elements | "Each airspace unit must have an appurtenant fractional or percentage interest ownership in all of the general common elements." |
| General Common Elements Include | "Structural parts of the building(s), roof, exterior walls, stairways, elevators, club houses, parking areas, etc." |
| Limited Common Elements | "All condominium owners maintain the same fractional ownership that they have of GCEs, but the use of LCEs is restricted or limited by the Condominium Declaration to one or more, but less than all." |
| Owners' Association | "State law requires the documents to provide for an owners’ association to govern the project and oversee its maintenance and upkeep." |
| HOA Restrictions | "Courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power, and does not violate any other law or public policy." |
| Applicable Laws | Colorado Condominium Ownership Act, Colorado Common Interest Ownership Act |
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What You'll Learn
The Colorado Condominium Ownership Act
The term "condominium" is defined by the Colorado Common Interest Ownership Act (CCIOA) as a community where portions of real estate are designated for separate ownership, and the remainder is designated for common ownership solely by the owners. In other words, common elements like structural parts of buildings, roofs, exterior walls, stairways, elevators, and parking areas are owned collectively by unit owners as tenants in common, rather than by associations.
The COA specifies the required contents of condominium declarations and association bylaws. It outlines that condominium ownership is an individual airspace unit with an appurtenant fractional or percentage interest in all general common elements. This fractional and common ownership cannot be separated or partitioned from the airspace unit.
The CCIOA also defines a "planned community" as a community that is neither a condominium nor a cooperative. In these communities, associations own common elements and are considered planned developments. The maintenance and repair obligations in these communities are based on the designation of components as common elements or portions of units. For example, in a condominium, the association is responsible for maintaining the siding, while in a planned development, the owner is responsible.
The fundamental purpose of a homeowners' association (HOA) is to benefit the community and its members. This is often achieved by preserving the aesthetic beauty of the neighborhood through maintaining common areas and ensuring homeowners keep up their properties. HOAs can also play a role in emergency situations, such as applying CDC recommendations during the COVID-19 pandemic. While HOAs generally have the right to impose architectural restrictions, these must serve a legitimate purpose and not violate any laws or public policies.
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Common Interest Communities
In the state of Colorado, a condominium is defined by the Colorado Common Interest Ownership Act (CCIOA) as a community in which portions of the real estate are designated for separate ownership, and the remainder is designated for common ownership by the owners. In other words, common elements such as structural parts of buildings, roofs, exterior walls, stairways, elevators, and parking areas are owned by unit owners as tenants in common, as opposed to being owned by associations.
The CCIOA further clarifies that a common interest community is not considered a condominium unless the undivided interests in the common elements are vested in the unit owners. This means that in communities where the unit owners do not collectively own the common elements, it does not constitute a condominium.
The Colorado Condominium Ownership Act (COA), enacted in 1963, has been amended several times to permit leasehold condominiums and to establish legal requirements for owners' associations. The COA outlines the required contents of condominium declarations and association bylaws.
Residential condominiums, lofts, commercial condominiums, townhomes, and planned community development projects can all be considered Common Interest Communities (CICs). A CIC is created by recording a declaration that is executed similarly to a deed and recorded in every county where any part of the CIC is located. This declaration must include specific provisions, such as the name of the community, a description of the property included, the maximum number of units, and any provisions for expansion.
The fundamental purpose of a homeowners' association (HOA) within a common interest community is to benefit the community and its members. This often involves preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners uphold their properties. HOAs may also impose reasonable restrictions that serve a legitimate purpose and are within the association's power under state law or the community's declaration.
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Condominium Unit Definition
In Colorado, condominium ownership has been officially recognized since 1963, when the Condominium Ownership Act (COA) was enacted. The COA has been amended several times but primarily specifies the required contents of condominium declarations and association bylaws.
The term "condominium unit" is defined by state law as an individual airspace with an appurtenant interest in the general common elements. Each unit must have a fractional or percentage interest ownership in all general common elements (GCEs), which include structural parts of the building(s), the roof, exterior walls, stairways, elevators, clubhouses, and parking areas. This fractional and common ownership in GCEs is inherent to the airspace unit and cannot be separated or partitioned.
In addition to GCEs, there may also be limited common elements (LCEs) in a condominium project. All condominium owners maintain the same fractional ownership of GCEs, but the use of LCEs is restricted or limited by the Condominium Declaration to a subset of owners.
The Colorado Common Interest Ownership Act (CCIOA) defines a condominium as a community where portions of real estate are designated for separate ownership, and the remainder is designated for common ownership solely by the owners. CCIOA clarifies that a “common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners." This means that any community where the unit owners do not collectively own the common elements does not constitute a condominium community.
The formation, management, powers, and operation of common interest communities created before July 1, 1992, are governed by the Colorado Condominium Ownership Act, Title 38, Article 33. This Act also recognises that reasonable restrictions may be justified if they benefit the community as a whole.
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Owners' Association
In Colorado, a condominium is defined by the Colorado Common Interest Ownership Act (CCIOA) as a community in which portions of real estate are designated for separate ownership, while the remainder is designated for common ownership by the owners. This means that common elements, such as structural parts of the building, the roof, exterior walls, stairways, elevators, clubhouses, and parking areas, are owned by unit owners as tenants in common.
The Colorado Condominium Ownership Act (COA), enacted in 1963 and amended several times, provides the legal framework for condominium associations. It specifies the required contents of condominium declarations and association bylaws. An owners' association, also known as a homeowners' association (HOA), is a crucial aspect of condominium ownership and living. This association is a non-profit corporation formed as part of the condominium documentation to govern the project and oversee its maintenance and upkeep. The HOA is composed of all the condominium unit owners within the project, and its purpose is to benefit the community and its members.
The HOA has the authority to impose restrictions, such as architectural guidelines, as long as they serve a legitimate purpose, are within the association's power under state law and/or the community's declaration, and do not violate any other laws or public policies. For example, in a condominium community, the HOA may prohibit the installation of satellite dishes on roofs, as roofs are considered general common elements. Additionally, HOAs have played a role in applying CDC recommendations during the COVID-19 pandemic to help prevent the spread within their communities.
When an individual purchases a condominium unit, they become subject to the obligations and restrictions outlined in the HOA's declaration. This may include regular assessment fees, which are used to maintain and improve the common areas. The HOA's declaration is a contract among property owners in a community, where they jointly agree to accept certain obligations and restrictions on how properties can be used for the benefit of the community as a whole.
In summary, the owners' association or HOA plays a vital role in governing and maintaining a condominium community in Colorado. They have the power to impose restrictions and make decisions for the benefit of the community while also being subject to state laws and their own community declarations.
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CICs and CCIOA
The Colorado Common Interest Ownership Act (CCIOA) outlines the termination of common interest communities (CICs) with horizontal boundaries. CICs refer to condominiums or planned communities where units own the land beneath and the sky above. Upon termination, this ownership is usually unaffected; only the community's legal form changes.
CCIOA termination provisions are straightforward for CICs, and cooperatives may result in a transfer of ownership to tenancy in common with possessory rights. However, complications can arise when a horizontal-boundary condominium or planned community is terminated, especially if the termination agreement mandates the sale of all units and common property.
Community terminations are uncommon in Colorado, and no cases currently involve terminations under CCIOA. The mandatory sale of property may not always be the best solution, and open communication within the CIC may produce alternatives. For instance, a CIC could bring in a developer to increase project density and use the proceeds for updates rather than termination.
Owners have different interests, and termination could be an opportunity to liquidate their investment or sell to an investor. CCIOA allows a termination agreement with less than full consensus among unit owners to mandate a property sale in a CIC with horizontal boundaries. Once a requisite number of unit owners reaches a termination agreement, all owners are bound by its terms. A termination agreement is effective with 67% of the allocated votes in the CIC or a larger percentage specified in the declaration. Votes may be allocated in any disclosed, non-discriminatory manner, so 67% of votes may represent more or less than 67% of the number of units.
Colorado, Texas, and Idaho are the only US states requiring less than an 80% vote to terminate a condominium. The majority of states and UCIOA require 80%. The termination of communities created before July 1, 1992, when CCIOA came into effect, is governed by the Colorado Condominium Act (CCA) instead of CCIOA. However, CCA lacks specific provisions for condominium termination, leaving details to relevant provisions in condominium declarations. Pre-CCIOA terminations may require unanimous approval, making them unlikely.
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Frequently asked questions
According to the Colorado Common Interest Ownership Act (CCIOA), a condominium is a community in which portions of the real estate are designated for separate ownership, and the remainder is designated for common ownership solely by the owners. In a planned development, the associations own the common elements.
A condominium unit is defined by Colorado state law as an individual airspace together with an interest in the general common elements. Each unit must have a fractional or percentage interest ownership in all general common elements (GCEs) such as structural parts of the building, roof, exterior walls, stairways, elevators, clubhouses, and parking areas.
A homeowners' association is a non-profit corporation that governs the condominium project and oversees its maintenance and upkeep. The HOA ensures that the community benefits its members, typically by preserving the aesthetic beauty of the neighbourhood and ensuring homeowners maintain their properties.
