Does CCIOA apply to a Colorado HOA created before 1992?

Section 38-33.3-117 lists the CCIOA sections that apply to communities created before July 1, 1992, each from a stated date (1992, 1995, 2006, 2010, 2017). Except as § 117 provides, the Act does not apply (§ 117(3)), unless the community elects full coverage under § 118. Which sections reach a particular community is a question for its counsel.

Do pre-1992 communities have to adopt the § 209.5 governance policies?

Section 209.5 has applied to pre-1992 communities since January 1, 2006 (§ 117(1.5)(c)). The reserve-study policy item, § 209.5(1)(b)(IX), has applied since July 1, 2010 (§ 117(1.7)). Section 119 limits small preexisting communities to §§ 105–107; applicability to a particular community is a question for counsel.

Can a pre-1992 community adopt CCIOA by restating its declaration?

In Accetta v. Brooks Towers, 2021 COA 87, the Court of Appeals held that § 118 is the exclusive means for a pre-CCIOA community to elect full CCIOA coverage. The court rejected the argument that recording a new declaration that might be interpreted to adopt CCIOA was enough. Whether a particular community has made a valid election is a question for counsel.

What vote does a § 118 election require?

At least 67% of the votes that the persons present at the meeting, in person or by proxy, are entitled to cast, after written notice stating the purpose and enclosing a copy of the Act. A statement of election is then executed and recorded in the county (§ 118). Counsel typically manages the process.

Does the open-meeting law apply to a pre-1992 board?

Section 117(4) extends § 308(2) to (7), covering open board meetings and executive-session limits, to all Colorado common interest communities for board meetings on or after July 1, 1995. Section 117(1.5)(i) extends the owner right to speak in § 308(2.5) from January 1, 2006. Questions about a particular board go to its counsel.

Colorado Law · Legal Framework

Does CCIOA Apply to Your Pre-1992 Community? Section 117 and Opting In

The Colorado Common Interest Ownership Act took effect July 1, 1992. A community created before that date is not governed by all of it. It is governed by its own documents plus a specific list of CCIOA sections that the legislature extended to older communities in stages through 2017. Neither “CCIOA applies” nor “CCIOA doesn’t apply” is the full answer.

By the CIC-SC Editorial Team Updated November 8, 2026 Reading time: ~11 minutes Audience: Colorado Boards of Pre-1992 Communities, Managers, Counsel

Educational notice. This information is educational in nature and should not be construed as legal advice. Statutory language is quoted from the Colorado Common Interest Ownership Act and the Condominium Ownership Act as published by the Colorado General Assembly (Colorado Revised Statutes 2024), checked against SB 24-021 (effective August 7, 2024); later amendments are possible. This article describes the structure of § 38-33.3-117. Whether a community was “created” before July 1, 1992, which sections reach it, and how they interact with its documents depend on its recorded documents and the facts; consult qualified association counsel when meaningful exposure is involved. Consult qualified association counsel regarding legal interpretation specific to your jurisdiction.

Why This Matters

Many Colorado associations were created before July 1, 1992. The question comes up when a board relies on a CCIOA rule it heard about at a seminar, or an owner asserts a right CCIOA gives newer communities. Under the statute’s structure, the answer turns on three things: whether the section is on the § 117 list, the date from which it applies, and whether the community’s own pre-1992 documents say something different.

The question runs both ways. The § 117 list includes obligations older boards sometimes overlook, such as written governance policies, annual disclosures, DORA registration, and the budget veto, and it omits other CCIOA provisions boards sometimes assume they have.

Which Colorado Communities Are Governed by § 117?

Section 38-33.3-117 covers common interest communities “created within this state before July 1, 1992,” meaning condominiums, cooperatives, and planned communities alike. Unlike the Texas condominium split, Colorado’s split is by creation date across every type of community. Except as § 117 expressly provides, CCIOA does not apply to those communities (§ 117(3)).

Two smaller categories have their own rules:

Small preexisting communities (§ 38-33.3-119). A pre-1992 cooperative or planned community with no more than 10 units and no development rights, or whose declaration limits annual common expense liability to the § 116 amount, is subject only to §§ 105 to 107 unless its declaration is amended to take advantage of § 120, in which case the sections listed in § 117 apply (§ 119).
Small new communities (§ 38-33.3-116, as amended by SB 24-021). Cooperatives and planned communities created on or after July 1, 1992 that are nonresidential only, or have 20 or fewer units and no development rights, and planned communities whose declarations cap average annual common expense liability per residential unit at $400 (CPI-adjusted annually from July 1, 1999), are likewise limited to §§ 105 to 107 unless the declaration makes the whole Act applicable.

Whether a community counts as a “common interest community” at all is a separate question. In Evergreen Highlands Ass’n v. West, 73 P.3d 1 (Colo. 2003), the Colorado Supreme Court held that the declarations there were sufficient to create a common interest community by implication. In McMullin v. Hauer, 2018 CO 57, it held that the recorded plat, deeds, and subdivision agreement before it did not amount to a declaration sufficient under CCIOA. Each holding is limited to the documents in that case.

What § 117 Applies, and From When

The list is cumulative. Each later subsection adds sections for events and circumstances on or after its date.

Applies to events on or after	CCIOA sections extended to pre-1992 communities	What they cover (selected)
July 1, 1992 (§ 117(1))	101, 102; 103 (as needed to construe the others); 104 to 111; 114; 118; 120; 122, 123; 203 and 217(7); 302(1)(a)–(f), (j)–(m), (o)–(q); 221.5; 303(1)(b) and (3)(b); 311; 316; 316.3; 317 (as it existed before 1/1/2006), 318, 319	Core definitions; association powers including fines after notice and hearing (302(1)(k)); enforcement and attorney fees (123); the assessment lien and its super-priority (316); payment plans (316.3); director access to information (303(1)(b)); committee-chair qualifications (303(3)(b)); court-approved amendment (217(7))
July 1, 1995 (§ 117(4))	308(2) to (7)	Open board and committee meetings; executive-session limits; no rules adopted in closed session; minutes of executive sessions
January 1, 2006 (§ 117(1.5))	124; 209.4 to 209.7; 217(1); 301; 302(3) and (4); 303(1)(b), (3)(b), (4)(b); 308(1), (2)(b), (2.5), (4.5); 310(1) and (2); 310.5; 315(7); 317; 401	Dispute-resolution policy (124); annual disclosure (209.4); the responsible governance policies (209.5); owner education (209.7); amendment thresholds (217(1)); manager accountability (302(3)–(4)); audit and review on owner request (303(4)(b)); owner-meeting notice, owner right to speak (308); secret ballots and proxies (310); conflicts of interest (310.5); current records statute (317); DORA registration (401)
July 1, 2010 (§ 117(1.7))	209.5(1)(b)(IX)	Reserve-study policy
July 1, 2017 (§ 117(1.8))	303(4)(a)	Budget adoption and the owner veto
September 1, 2017 (§ 117(1.9))	303.5	Owner approval before the board files a construction-defect action (applies to every CIC regardless of creation date)

The table lists sections by number. Listed sections have since been amended (for example, by HB 22-1137 and HB 24-1337 in §§ 209.5, 316, and 316.3). How a later amendment to a listed section applies to a particular older community is a question for counsel.

What the List Does Not Include

Section 117(3) provides that, except as expressly provided in § 117, the Act does not apply to communities created before July 1, 1992. On the face of the 2024 text, the list does not include, among others, the following. What, if anything, governs these subjects in a particular older community (its documents, the Nonprofit Act, the Condominium Ownership Act, or common law) is a question for counsel.

§ 303(2), the director-liability standard (declarant appointees held to fiduciary care; other board members liable only for “wanton and willful” acts or omissions), and § 303(2.5), the reserve-investment standard. See the planned Colorado business judgment rule article.
§ 303(8), owner removal of board members by 67% of those present, and § 309, the default quorums.
§ 313, the insurance requirements.
§ 315, other than subsection (7). (Section 209.5, which is on the list, separately addresses interest on unpaid amounts in § 209.5(8)(a).)
§ 217(4.5), the 67% vote for amendments that change unit use restrictions. Section 217(1) (general amendment thresholds) and 217(7) (court-approved amendment) are listed. Subsection (4.5) is not.

When the List Conflicts With the Documents: § 117(2)

The listed sections are to be construed to create “a clear, comprehensive, and uniform framework” and to supplement the declaration, bylaws, plat, or map in existence on June 30, 1992. When a listed section in § 117(1)(a) to (j) or (l) specifically conflicts with an express requirement or restriction in those pre-1992 documents, the document controls, but only to the extent necessary to avoid invalidating that specific requirement. Two exceptions apply as written regardless of the documents: § 217(7) and § 316, the assessment lien (§ 117(2)).

Three practical points follow:

The statute speaks of “specific conflicts” with “express requirements or restrictions,” and the document controls only as far as needed to avoid invalidating them. Whether a particular provision qualifies is a question for counsel.
The rule refers to documents in existence on June 30, 1992. Whether a later-amended provision is treated the same way is a question for counsel.
The conflict rule in § 117(2) refers to the July 1, 1992 list. The 2006 and later additions are framed differently. How a 2006-list section interacts with a conflicting pre-1992 provision is a question for counsel.

The Condominium Ownership Act Layer for Older Condominiums

A condominium created before July 1, 1992 may also be subject to the Condominium Ownership Act, C.R.S. §§ 38-33-101 to -113, enacted in 1963. Among its provisions:

Unless exempted, the administration and operation of multiunit condominiums is governed by the declaration (§ 38-33-106(1)).
The bylaws must provide for, at minimum: election of a board of managers from among the owners, with at least one-third of board terms expiring annually; the board’s powers, duties, and method of removal; the method of calling owners’ meetings, allocating votes, and the quorum and approval percentages; a president, secretary, and treasurer; and owner inspection of records of receipts and expenditures at convenient weekday business hours, plus a statement of the owner’s account on 10 days’ notice and payment of a reasonable fee (§ 38-33-106(3)).
Records of receipts and expenditures must be kept (§ 38-33-107).

Boards of older condominiums and their counsel therefore commonly read four sources together: the declaration and bylaws, the Condominium Ownership Act, the CCIOA sections on the § 117 list, and, for a nonprofit corporation, the Colorado Revised Nonprofit Corporation Act.

Opting In: The § 118 Election

A pre-1992 community may elect to be treated as if it were created after June 30, 1992, and so become subject to all of CCIOA (§ 38-33.3-118(1)). The steps:

Board resolution. Where members are entitled to vote, the board may adopt a resolution recommending acceptance and directing that the question go to a vote at an annual or special meeting. The question must also be submitted if one-twentieth of the voting members request it (one-fortieth in an association with more than 1,000 members) (§ 118(1)(a)).
Notice. Written notice stating that a purpose of the meeting is to consider electing CCIOA treatment, together with a copy of the Act, goes to each person entitled to vote, in the time and manner the governing documents provide for meeting notices (§ 118(1)(a)).
Vote. Adoption requires at least 67% of the votes that the persons present in person or by proxy are entitled to cast (§ 118(1)(a)). If no one is entitled to vote, a majority of directors in office may make the election (§ 118(1)(b)).
Statement of election. The president or vice-president and the secretary or an assistant secretary execute and acknowledge a statement reciting the community and association names, the election, the meeting date, that a quorum was present, the vote, and the officers’ and directors’ names and addresses (§ 118(2)).
Recording. The original statement is recorded with the clerk and recorder of the county where the community is located. On recording, the community is subject to all of CCIOA (§ 118(3)–(4)), but only for events and circumstances on or after July 1, 1992, and the election does not invalidate provisions of documents in existence on June 30, 1992 (§ 118(5)).

Accetta v. Brooks Towers: § 118 is the only door. In Accetta v. Brooks Towers Residences Condominium Ass’n, 2021 COA 87, the Colorado Court of Appeals held that § 38-33.3-118 provides the exclusive means for a pre-CCIOA community to elect to be governed by all of CCIOA. It rejected the argument that the election can be made simply by recording a new declaration “that might be interpreted to adopt the provisions of CCIOA.” Holding that Brooks Towers was not subject to the CCIOA provisions the residents relied on, the court affirmed summary judgment for the association and its individual board members and awarded the defendants appellate attorney fees under § 38-33.3-123(1)(c) (2020). The decision rests on its record; whether any other community’s amendments amount to a § 118 election is a question for counsel.

Should a Pre-1992 Community Opt In?

This is a policy decision for the owners, made with counsel. The better question for boards is not “is CCIOA better?” but “which specific provisions would change for us, and how?” Under § 118(4), a community that completes the election becomes subject to all of CCIOA, including sections not on the § 117 list such as § 303(2), § 303(8), § 309, and § 313, subject to § 118(5). A side-by-side review of the documents against the full Act, with counsel, is the usual starting point.

Practical Steps Boards Commonly Take

These are common governance practices, not a determination of which sections reach any community:

Locating the creation documents. Boards commonly pull the recorded declaration, any later restatements, and any recorded § 118 statement of election for counsel’s review.
A source map listing the declaration, bylaws, Condominium Ownership Act (if a condominium), § 117 sections with their dates, and the Nonprofit Act (if incorporated), kept with the governing documents.
The 2006 list. Section 117(1.5) lists the responsible governance policies (§ 209.5), the annual disclosure (§ 209.4), DORA registration (§ 401), and the current records statute (§ 317). Section 401(3) generally provides that an association that fails to register has its rights to impose or enforce a § 316 lien and to pursue § 123 enforcement suspended until it is validly registered; a lien recorded while registered is not extinguished by a lapse.
The budget process. Section 117(1.8) extends the § 303(4)(a) budget summary, owners’ meeting, and owner veto from July 1, 2017. Section 303(4)(a)(II)(B) excludes from the veto provision a pre-1992 community whose declaration sets a maximum assessment or caps annual budget increases, where the proposed budget stays within that limit.
Fine and collection procedures under §§ 209.5, 302(1)(k), 316, and 316.3, all of which appear on the list.

Common Procedural Failures

Assuming CCIOA does not apply at all. Dozens of sections and subsections reach pre-1992 communities, including the governance policies, registration, and open meetings.

Assuming all of CCIOA applies. The director-liability standard, removal by 67%, default quorums, and insurance requirements are not on the list.

Treating a restated declaration as an opt-in. In Accetta the Court of Appeals held that § 118 is the exclusive means.

Overreading § 117(2). It addresses specific conflicts with express requirements or restrictions in the pre-1992 documents.

Overlooking the Condominium Ownership Act for an older condominium’s bylaw minimums and records duties.

Frequently Asked Questions

Does CCIOA apply to a Colorado HOA created before 1992?: Section 38-33.3-117 lists the CCIOA sections that apply to communities created before July 1, 1992, each from a stated date (1992, 1995, 2006, 2010, 2017). Except as § 117 provides, the Act does not apply (§ 117(3)), unless the community elects full coverage under § 118. Which sections reach a particular community is a question for its counsel.
Do pre-1992 communities have to adopt the § 209.5 governance policies?: Section 209.5 has applied to pre-1992 communities since January 1, 2006 (§ 117(1.5)(c)). The reserve-study policy item, § 209.5(1)(b)(IX), has applied since July 1, 2010 (§ 117(1.7)). Section 119 limits small preexisting communities to §§ 105–107; applicability to a particular community is a question for counsel.
Can a pre-1992 community adopt CCIOA by restating its declaration?: In Accetta v. Brooks Towers, 2021 COA 87, the Court of Appeals held that § 118 is the exclusive means for a pre-CCIOA community to elect full CCIOA coverage. The court rejected the argument that recording a new declaration that might be interpreted to adopt CCIOA was enough. Whether a particular community has made a valid election is a question for counsel.
What vote does a § 118 election require?: At least 67% of the votes that the persons present at the meeting, in person or by proxy, are entitled to cast, after written notice stating the purpose and enclosing a copy of the Act. A statement of election is then executed and recorded in the county (§ 118). Counsel typically manages the process.
Does the open-meeting law apply to a pre-1992 board?: Section 117(4) extends § 308(2) to (7), covering open board meetings and executive-session limits, to all Colorado common interest communities for board meetings on or after July 1, 1995. Section 117(1.5)(i) extends the owner right to speak in § 308(2.5) from January 1, 2006. Questions about a particular board go to its counsel.

Key Takeaways

Colorado splits communities by creation date (July 1, 1992), across condominiums, cooperatives, and planned communities alike.
Pre-1992 communities are governed by their documents plus the CCIOA sections listed in § 117, phased in from 1992 through 2017.
Since 2006 the list includes the governance policies, annual disclosure, DORA registration, records, owner-meeting notice, secret ballots, and conflicts of interest. Since 2017 it includes the budget veto and the construction-defect owner vote.
The § 303(2) “wanton and willful” standard, § 303(8) removal, § 309 quorums, and § 313 insurance are not on the list.
Express pre-1992 document provisions control over conflicting 1992-list sections only as far as needed, except for §§ 217(7) and 316.
Full CCIOA coverage requires the § 118 election, a 67% vote, and a recorded statement. In Accetta the Court of Appeals held that this route is exclusive.

References & Sources

C.R.S. §§ 38-33.3-116, -117, -118, -119; §§ 38-33.3-209.5(8)(a), -217, -303, -308, -315, -401. Colorado Revised Statutes 2024, Title 38. content.leg.colorado.gov — crs2024-title-38.pdf
C.R.S. §§ 38-33-101 to -113 — Condominium Ownership Act (§§ 38-33-106, -107). Same source.
SB 24-021, Exempt Small Communities from HOA Requirements (ch. 53, effective August 7, 2024). leg.colorado.gov/bills/sb24-021
Accetta v. Brooks Towers Residences Condominium Ass’n, 2021 COA 87 (No. 19CA2076, July 1, 2021). Slip opinion
Evergreen Highlands Ass’n v. West, 73 P.3d 1 (Colo. 2003). Opinion
McMullin v. Hauer, 2018 CO 57, 420 P.3d 271. Opinion

Related Resources & Additional Reading from the CIC-SC Library

Tags: Colorado pre-1992 communities · C.R.S. § 38-33.3-117 · § 38-33.3-118 election · Accetta v. Brooks Towers · Condominium Ownership Act § 38-33-106 · CCIOA applicability · small community exemption · Colorado HOA governance

Disclaimer. This article is published by the Common Interest Community Standards Council for educational and informational purposes only. It is not legal advice and does not establish an attorney-client relationship. Statutory references and procedural frameworks are intended to support informed governance, not to substitute for advice from qualified Colorado legal counsel. Boards and managers should consult their association’s attorney about the application of any statute, governing-document provision, or meeting-procedure decision to their specific circumstances. CIC-SC, its authors, and its members assume no liability for actions taken in reliance on this content.