Default rule and exceptions
C.R.S. 38-33.3-307 (CCIOA): except as the declaration, subsection (2), or 38-33.3-313(9) provide, the association maintains/repairs/replaces the common elements and each owner the unit. Limited common elements are not split in 307, they follow the declaration / CCIOA common-expense allocation (38-33.3-315).
| Party | What they are responsible for |
|---|---|
| Property owner | Maintain, repair and replace the unit; give the association reasonable access through the unit (the party causing damage, or expense to avoid damage, pays for prompt repair). |
| City / public agency | The association maintains, repairs and replaces the common elements. |
| Exceptions | The declaration may reallocate; Casualty/insurance under 38-33.3-313(9); Limited common elements follow the declaration / 38-33.3-315 |
What the source says
Last verified against the primary source on Sep 13, 2026.
Except to the extent provided by the declaration, subsection (2) of this section, or section 38-33.3-313 (9), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of such owner's unit.
each unit owner is responsible for maintenance, repair, and replacement of such owner’s unit
Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through such owner's unit reasonably necessary for those purposes. ... the unit owner responsible for the damage, or expense to avoid damage, or the association if it is responsible, is liable for the cost of prompt repair.
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Common questions
Who pays for hoa / condo common elements in Statewide, CO?
Responsibility is shared. Maintain, repair and replace the unit; give the association reasonable access through the unit (the party causing damage, or expense to avoid damage, pays for prompt repair).
Are there exceptions in Statewide, CO?
The declaration may reallocate; Casualty/insurance under 38-33.3-313(9); Limited common elements follow the declaration / 38-33.3-315
What is this based on for Statewide, CO?
This verdict is sourced to C.R.S. 38-33.3-307: Upkeep of the common interest community and 3 sources in total, each independently re-checked before publication.
Sources
- C.R.S. 38-33.3-307: Upkeep of the common interest communitystatute · verified-primary · accessed 2026-09-13
- Colorado Revised Statutes 2024, Title 38 (official OLLS publication): § 38-33.3-307statute · verified-primary · accessed 2026-09-13
- C.R.S. § 38-33.3-307(1): Upkeep of the Common Interest Communitystatute · verified-primary · accessed 2026-09-27
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