Colorado § 38-33.3-203 - Construction and validity of declaration and bylaws.
Full text of Colorado Colorado Revised Statutes § 38-33.3-203 — Construction and validity of declaration and bylaws., with citation guidance and answers to common questions.
§ 38-33.3-203. Construction and validity of declaration and bylaws.
(1) All provisions of the declaration and bylaws are severable.
(2) The rule against perpetuities does not apply to defeat any provision of the declaration, bylaws, or rules and regulations.
(3) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails, except to the extent the declaration is inconsistent with this article.
(4) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this article. Whether a substantial failure impairs marketability is not affected by this article.
Source: L. 91: Entire article added, p. 1716, § 1, effective July 1, 1992.
ANNOTATION
Subsection (3) provides that the Colorado Common Interest Ownership Act prevails over any inconsistent provision in a declaration. Heritage Vill. Owners Ass'n v. Golden Heritage Investors, Ltd., 89 P.3d 513 (Colo. App. 2004).
Development rights in a declaration that does not include a time limitation are void ab initio. Section 38-33.3-205 (1)(h) is unambiguous in requiring a time limitation, and failure to include such a limitation is not an insubstantial defect that may be overlooked under subsection (4) of this section. Silverview at Overlook, LLC v. Overlook at Mt. Crested Butte Ltd. Liab. Co., 97 P.3d 252 (Colo. App. 2004).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-33.3-203
What does Colorado Revised Statutes § 38-33.3-203 cover?
Section 38-33.3-203 ("Construction and validity of declaration and bylaws.") 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 § 38-33.3-203?
A common citation format is "Colorado Revised Statutes § 38-33.3-203" (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 § 38-33.3-203 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.