Chapter 4 - § 4.9 • IMPROVEMENTS OR ALTERATIONS OF UNITS

• Jurisdiction: Colorado

§ 4.9 • IMPROVEMENTS OR ALTERATIONS OF UNITS

Common interest communities are generally concerned with the uniformity of the exterior appearance of units and with the overall structural integrity of the development. Thus, the CCIOA allows a unit owner — subject to the declaration and other provisions of law — to make any improvements or alterations to his or her unit that do not impair the structural integrity, electrical systems, or mechanical systems or lessen the support of any portion of the common interest community,¹⁰⁵ but prohibits a unit owner from changing the appearance of the common elements without the association's permission.¹⁰⁶ The comparable Uniform Act provision is essentially identical.¹⁰⁷ A comment to the Act notes that it addresses permitted alterations of unit interiors and proscribed alterations of unit exteriors and the common elements consistent with common practice and that the general rule and practice may be varied by the declaration.¹⁰⁸ Another comment provides an example. If a unit owner drives a nail into a wall that is part of the common elements, the statutory restrictions are not violated because there would be no impairment of structural integrity.¹⁰⁹ Furthermore, there would be no trespass because each unit owner, as beneficial owner of the common elements, has a right to use them subject only to restrictions created by the Act, the declaration, bylaws, and the association. The documents may, of course, limit the right of an owner to alter the interior appearance of his or her unit, and although, as another comment notes, that limitation might be considered an undue restriction if imposed on a primary residence, it could be appropriate in the case of timeshare or other common interest communities.¹¹⁰ What the comment implies, but does not expressly state, is that a restriction on interior changes that is set forth in the declaration or bylaws will likely be upheld by the courts even if harsh or seemingly unreasonable because unit owners are generally viewed as having agreed to the document restrictions when the unit was purchased.¹¹¹

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Notes:

^[105] C.R.S. § 38-33.3-211(1)(a).

^[106] C.R.S. § 38-33.3-211(1)(b).

^[107] Uniform Common Interest Ownership Act § 2-111(1) and (2).

^[108] Uniform Common Interest Ownership Act § 2-111, cmt. 1.

^[109] Uniform Common Interest Ownership Act § 2-111, cmt. 3.

^[110] Uniform Common Interest Ownership Act § 2-111, cmt. 5.

^[111] See, e.g., Hidden Harbour Estates, Inc v. Basso, 393 So.2d 637...