Colorado § 38-33.3-104 - Variation by agreement.
Full text of Colorado Colorado Revised Statutes § 38-33.3-104 — Variation by agreement., with citation guidance and answers to common questions.
§ 38-33.3-104. Variation by agreement.
Except as expressly provided in this article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration.
Source: L. 91: Entire article added, p. 1707, § 1, effective July 1, 1992.
ANNOTATION
Requiring a declarant's consent to amend a declaration does not violate this section because this section does not permit the declarant to control unit owners' votes. Here, the declaration could not be amended without a vote of at least sixty-seven percent of the unit owners. The declarant consent provision did not alter this requirement. Vallagio at Inverness v. Metro. Homes, 2015 COA 65, 412 P.3d 709, aff'd, 2017 CO 69, 395 P.3d 788.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-33.3-104
What does Colorado Revised Statutes § 38-33.3-104 cover?
Section 38-33.3-104 ("Variation by agreement.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-33.3-104?
A common citation format is "Colorado Revised Statutes § 38-33.3-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-33.3-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.