ired. (1) In regulating the use of common elements, as permitted by section 38-33.3-302 (1)(f), an association shall preserve and protect unit owners' ability to use and enjoy common elements and shall not unreasonably restrict or prohibit unit owners' access to, or enjoyment of, any common element, including during the maintenance, repair, replacement, or modification of a common element.

1. (2) During maintenance, repair, replacement, or modification of a common element, an association may restrict or prohibit unit owners' access to, and enjoyment of, the common element only to the extent and for the length of time necessary to:

   1. (a) Protect the safety of any individuals, including unit owners and individuals performing the maintenance, repair, replacement, or modification of the common element; or
   2. (b) Preserve the structural integrity or condition of a repair, replacement, or modification.

2. (3) If an association must restrict or prohibit unit owners' access to one or more common elements of the common interest community for more than seventy-two hours, the association shall:

   1. (a) Provide an electronic or written notice to each unit owner, which notice is provided as soon as reasonably possible and includes:

      1. (I) A simple explanation of the reason for the restriction or prohibition;
      2. (II) An indication of the estimated time or date upon which the restriction or prohibition will no longer exist; and
      3. (III) A telephone number or email address whereby a unit owner may pose questions or concerns about the restriction or prohibition for the consideration of the association; and
   2. (b) Post a visible, clearly legible notice at each physical access point to the common element, which notice remains posted for the duration of the restriction or prohibition and includes the elements described in subsection (3)(a) of this section.

Source: L. 2022: Entire section added, (HB 22-1040), ch. 93, p. 448, § 2, effective August 10.