Colorado § 38-33.3-106 - Applicability of local ordinances, regulations, and building codes.
Full text of Colorado Colorado Revised Statutes § 38-33.3-106 — Applicability of local ordinances, regulations, and building codes., with citation guidance and answers to common questions.
§ 38-33.3-106. Applicability of local ordinances, regulations, and building codes.
(1) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units.
(2) In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.
Source: L. 91: Entire article added, p. 1707, § 1, effective July 1, 1992.
ANNOTATION
Town's actions in attempting to enforce provision of 1987 municipal ordinance imposing restrictions on units converted to condominiums is, of necessity, an event and circumstance occurring on or after July 1, 1992, triggering application of the anti-discrimination clause under subsection (2). Further, subsection (2) retroactively applies. The plain meaning of an "event and circumstance" within the meaning of § 38-33.3-117 (1) unambiguously includes the court's actions in seeking to enforce the 1987 ordinance. Town of Vail v. Vill. Inn Plaza-Phase V, 2021 COA 108, 498 P.3d 1123.
Because municipal ordinance singles out condominiums, it is facially apparent that it discriminates against the condominium form of ownership in violation of the anti-discrimination provision in subsection (2) as a matter of law. The ordinance imposes the restriction on the residential units at issue only if the units would be condominiumized. If the units are not condominiunized, the restrictions do not apply. Because the language of the ordinance applies only to condominiums it is, on its face, discriminatory. Town of Vail v. Vill. Inn Plaza-Phase V, 2021 COA 108, 498 P.3d 1123.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-33.3-106
What does Colorado Revised Statutes § 38-33.3-106 cover?
Section 38-33.3-106 ("Applicability of local ordinances, regulations, and building codes.") 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 § 38-33.3-106?
A common citation format is "Colorado Revised Statutes § 38-33.3-106" (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 § 38-33.3-106 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.