Chapter 5 - § 5.6 • ACCESS AND DAMAGE TO UNITS

• Jurisdiction: Colorado

§ 5.6 • ACCESS AND DAMAGE TO UNITS

Owners are required to afford access through their units to the association, to other unit owners, and to their agents or employees, when it is reasonably necessary to carry out any of the various statutory maintenance, repair, and replacement responsibilities. If the association or unit owner exceeds the scope of the statutory permission to enter a unit, could the unit owner have a trespass action against that party? In a case decided before adoption of the CCIOA, a court found that when an association entered a balcony that was a limited common element, the unit owner to which the use of the balcony was designated was entitled to pursue an action in trespass against the association because the owner was entitled to possession of the balcony, an interest sufficient to support a trespass action.¹⁷⁹ Logically, that reasoning would extend to entry of a unit without permission; however, the scope of the statutory permission for associations to have access to units is arguably so broad as to all but preclude a trespass action.

If damage is inflicted, or a strong likelihood exists that damage will be inflicted, on the common elements or any unit through which access is taken, the unit owner responsible for the damage or expense to avoid the damage — or the association, if it is responsible — is liable for the cost of prompt repair.¹⁸⁰

In the...