APPENDIX 8
| Jurisdiction | Colorado |
| A | B | C | D | E | F | G | H | I | J | |
| 1 | Item | Arvada | Aurora | Broomfield | Castle Rock | Centennial | Colorado Springs | Commerce City | Denver | Durango |
| 2 | Council Findings/Statement of Purpose. | X | X | X | X | X | X | X | X | X |
| 3 | Applicability | |||||||||
| 4 | To common interest communities created in the city/town after a designated date. | Denver Code Ord. § 10- 205 | ||||||||
| 5 | To common interest communities that include residential units and were created in the city/town after a designated date. | |||||||||
| 6 | To new construction in residential, common interest communities created after a designated date. | Colo. Springs Code. Ord. § 6.14.102 | ||||||||
| 7 | To new common interest community construction commenced after a designated date. | Aurora Code Ord. § 22- 701(b) | Centennial Mun. Code § 18-10- 10(b) | Commerce City Code Ord. Ch. IX §5-19001 | ||||||
| 8 | To new construction commenced under a building permit issued after the ordinance's effective date. | Durango Code Ord. Art. XI, § 6- 151(b) | ||||||||
| 9 | When requested in a compliant plat note application for particular development types, which typically must be filed after a designated date. | Arvada Land Dev. Code § 3.8.3.D; 3.9.6 | Aurora Resolution No. 2015-92 §§ 1 & 6 | Castle Rock Mun. Code § 17.24.050 | ||||||
| 10 | Seven days after publication following final passage in 2016 | Broomfield Ord. No. 2033, Section 3 | ||||||||
| 11 | Definitions | |||||||||
| 12 | Association = HOA governing certain owners' rights and responsibilities in a multi-family development. | |||||||||
| 13 | Association = CCIOA definition. | 10-201(1) | ||||||||
| 14 | Builder = Entity or individual who performs or furnishes design, supervision, inspection, construction, or observation of real property improvement intended to be occupied as a dwelling or to provide access or amenities to such an improvement. | 702(a) | Broomfield Mun. Code §15-25-020 | 18-10-20(1) | 6.14.103 | 19002 | 6-152 |
| A | B | C | D | E | F | G | H | I | J | |
| 1 | Item | Arvada | Aurora | Broomfield | Castle Rock | Centennial | Colorado Springs | Commerce City | Denver | Durango |
| 15 | Builder = Nongovernmental individual or entity who performs or furnishes design, supervision, inspection, construction, or observation of any real property improvement intended to be occupied as a dwelling or to provide access or amenities to such an improvement. | |||||||||
| 16 | Building Code = any of the codes adopted pursuant to Title 15 of the Broomfield Municipal Code. | 15-25-020 | ||||||||
| 17 | Building Codes = Current version ot IBC, as adopted by the City. | |||||||||
| 18 | Building Code(s) = Several technical codes adopted by city to govern design, construction, alteration, addition, maintenance, repair, removal, demolition, location, use, and occu- pancy of buildings and structures in the city. | 702(b) | 18-10-20(2) | |||||||
| 19 | Claimant = Original or subsequent home- owner in a common interest community, or HOA representing owners' interests, who provides the notice (minor variations and additional limitations exist). | 703 | 18-10-30 | 19003 | 6-153 | |||||
| 20 | Claimant = any individual or entity other than a declarant having the legal ownership of property that is the subject of an alleged construction defect. | 15-25-020 | ||||||||
| 21 | Claimant, Potential = Original buyers or subsequent buyers of an attached single-family dwelling or a unit in a multi-family building, or the governing HOA, may send the notice of construction defect provided the notice is sent within the applicable time period. | 15-25-030 | ||||||||
| 22 | Common Interest Community = CCIOA definition. | 17.24.050(3) (C) | 6.14.103 | 10-201(2) | ||||||
| 23 | Common Interest Community = Real estate described in a declaration for which a unit owner is obligated to pay for taxes, insurance, maintenance, or other real estate improvements. | 702(c) | 18-10-20(4) | 19002 | 6-152 |
| A | B | C | D | E | F | G | H | I | J | |
| 1 | Item | Arvada | Aurora | Broomfield | Castle Rock | Centennial | Colorado Springs | Commerce City | Denver | Durango |
| 24 | Condominium = Common interest 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 of the separate ownership portions. Unless the undivided interests in common elements are vested in unit owners, a common interest community is not a condominium. (Same as C.R.S. 38-33.3-103(9)) | 702(d) | 15-25-020 | 18-10-20(5) | 19002 | 6-152 | ||||
| 25 | Construction Defect = Construction or design defect in real property improvement that causes damages to, or the loss of use of, real or personal property, or personal injury. | 18-10-20(6) | ||||||||
| 26 | Construction Defect = Construction or design defect in real property improvement that causes damages to, or the loss of use of, real or personal property, or personal injury, including but not limited to any condition where a structure or portion of a structure does not conform in all material respects to the applicable code section(s) or does not conform to the manufacturer's specifications if the specifications are stricter than the code. | 702(e) | ||||||||
| 27 | Construction Defect = Construction or design defect in real property improvement that causes damages to, or the loss of use of, real or personal property, bodily injury, or wrongful death or a substantial risk of bodily injury or death to, or a threat to the life, health, or safety of, the residential real property's occupants. | 6.14.103 |
| A | B | C | D | E | F | G | H | I | J | |
| 1 | Item | Arvada | Aurora | Broomfield | Castle Rock | Centennial | Colorado Springs | Commerce City | Denver | Durango |
| 28 | Construction Defect = Any instance in which a structure or portion thereof does not conform in all material respects to the applicable sections of the city's building codes in force at the time of construction, or does not conform to the manufacturer's specifications in force at the time of construction, if the specifications are stricter than code. | 3.8.3.D.1 | ||||||||
| 29 | Construction Defect = Any instance in which a structure or portion of a structure does not conform in all material respects with the applicable building code sections, or does not conform to the manufacturer's specifications if the specifications are stricter than the code. | 15-25-020 | 19002 | 6-152 | ||||||
| 30 | Construction Defect = Any instance in which a structure or portion thereof does not conform in all material respects to the applicable sections of the city's building codes, or does not conform to the manufacturer's specifications, if the specifications are stricter than code, and the effect of which is to materially lower the structure's value or pose a safety risk to its occupants. | |||||||||
| 31 | Construction Defect Claim = Claim or pro- ceeding for damages, indemnity or contribution asserted against a development party for damage or loss to, or loss of use of, real or personal property or personal injury caused by a design or construction defect in a real property improvement in a common interest community. | 17.24.050(3) ((A) | 10-201(3) | |||||||
| 32 | Cooperative = Common interest community in which the association owns real property, and each association member is entitled by their association ownership interest to exclusive possession of a unit. | |||||||||
| 33 | Declarant = CCIUA definition (quotes CCIUA or incorporates CCIOA's definition). | 15-25-020 | 6.14.103 | 10-201(4) | ||||||
| 34 | Declaration = CCIOA definition. | 10-201(5) |
| A | B | C | D | E | F | G | H | I | J | |
| 1 | Item | Arvada | Aurora | Broomfield | Castle Rock | Centennial | Colorado Springs | Commerce City | Denver | Durango |
| 35 | Development Party = An architect, contractor, subcontractor, developer, declarant, or affiliates of a declarant, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any real property improvement in a common interest community or any other party responsible for any part of the design or construction of any common interest community portion, or any of such parties' affiliates, or the officers, directors, partners, shareholders, members, managers, employees, or servants of any of them. | 10-201(6) | ||||||||
| 36 | Development Party = The subdivides developer, or anyone claiming under or through such persons, any party that constructs or designs any portion of any of the property's residential dwelling units, and any construction professional as defined in CDARA, as amended. | 17.24.050(3) (B) | ||||||||
| 37 | Executive Board = CCIOA definition. | 10-201(7) | ||||||||
| 38 | Governing Documents = Common interest community's declaration, articles of incorporation, bylaws, rules, and regulations, or policies and procedures. | 10-201(8) | ||||||||
| 39 | Homeowner = Person who owns a unit in a common interest community (depending on the ordinance, may include a condo, multi-family unit, or unit in a cooperative or planned community), excluding the declarant or any person with solely a security interest. | 702(f) | 18-10-20(7) | 19002 | 6-152 | |||||
| 40 | Homeowner = Unit owner in a residential, common interest community, including an HOA, but excluding any declarant or person... |
To continue reading
Request your trial