resources / Statutes / Colorado Common Interest Ownership Act / §38-33.3-114

Title 38 – Property – Real and Personal

Article 33.3 – Colorado Common Interest Ownership Act

Remedies to be liberally administered

38-33.3-114. Remedies to be liberally administered

(1) The remedies provided by this article shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this article or by other rule of law.
(2) Any right or obligation declared by this article is enforceable by judicial proceeding.


Source: L. 91: Entire article added, p. 1710, § 1, effective July 1, 1992.

State Notes


Court has the authority under subsection (2) to enjoin a future violationof the Colorado Common Interest Ownership Act, if a movant shows noncompliance and harm. Anderson v. Applewood Water Ass’n, 2016 COA 162, 409 P.3d 611.

Reformation of the declarationto indicate assent by proper party was an available remedy under this section. FD Interests v. Fairways at Buffalo Run, 2019 COA 148, — P.3d —.