Colorado § 38-36.5-104 - Amendment by association of owners.
Full text of Colorado Colorado Revised Statutes § 38-36.5-104 — Amendment by association of owners., with citation guidance and answers to common questions.
§ 38-36.5-104. Amendment by association of owners.
(1) The governing body of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction.
(2) A member of an association of owners may request, in a record that sufficiently identifies an unlawful restriction in the governing instrument, that the governing body exercise its authority under subsection (1) of this section. No later than ninety days after the governing body receives the request, the governing body shall determine reasonably and in good faith whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body, no later than ninety days after the determination, shall amend the governing instrument to remove the unlawful restriction.
(3) An officer of the association of owners designated by the association of owners or, in the absence of designation, the president of the association of owners, acting on behalf of the association of owners, shall prepare, execute, record, and certify an amendment adopted pursuant to this section.
(4) An amendment under this section is effective notwithstanding any provision of the governing instrument or other law of this state that requires a vote of the members of the association of owners to amend the governing instrument.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 601, § 1, effective August 7.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-36.5-104
What does Colorado Revised Statutes § 38-36.5-104 cover?
Section 38-36.5-104 ("Amendment by association of owners.") 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 § 38-36.5-104?
A common citation format is "Colorado Revised Statutes § 38-36.5-104" (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 § 38-36.5-104 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.