Chapter 5 - § 5.8 • LIMITED COMMON ELEMENTS

• Jurisdiction: Colorado

§ 5.8 • LIMITED COMMON ELEMENTS

A "limited common element" is a portion of the common elements of the community allocated by the declaration or by operation of statute¹⁹³ for the exclusive use of one or more units but fewer than all of the units.¹⁹⁴ Balconies and patios are examples of features that are typically allocated as limited common elements. Unit owners have certain rights regarding limited common elements. Other that those established by operation of statute, the declaration must specify to which unit or units each limited common element is allocated, and those allocations may not be changed without the consent of the unit owner whose unit is affected.¹⁹⁵ Unit owners may reallocate limited common elements between or among units by executing and submitting an application for approval of the proposed reallocation to the governing board of the community.¹⁹⁶ The reallocation must have the approval of the board to be effective. The reallocation is effectuated by recording an amendment signed by the association and by the unit owners between or among whose units the reallocation is made. All costs and attorney fees incurred by the association as a result of the application are the sole obligation of the applicants.

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Notes:

^[193] See C.R.S. § 38-33.3-202 (1)(b) and (d).

^[194] C.R.S. § 38-33.3-103(19).

^[195] C.R.S. § 38-33.3-208(1).

^[196] C.R.S. § 38-33.3-208(2). The right of unit owners to reallocate limited common elements is subject to any provisions of the declaration. The application must include: (1) the proposed form for an amendment to...