C.R.S. § 38-12-902 — CO Code / Title 38 / Article 12 / Part 9 / Section 38-12-902
38-12-902. Definitions
Status: in_force

38-12-902. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Amount of income" means a tenant's or prospective tenant's income from salaries, wages, commissions, payments received as an independent contractor, bonuses, or a housing subsidy or derived from any other public or private source and includes all of a tenant's or prospective tenant's cash assets.

(1.2) "Consumer report" has the meaning set forth in section 5-18-103 (3).

(1.3) "Consumer reporting agency" has the meaning set forth in section 5-18-103 (4).

(1.5) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place.

(1.7) "Housing subsidy" means any portion of a rental payment that is derived from a public or private assistance, grant, or loan program and that is paid by the program directly, indirectly, or on behalf of a tenant to a landlord.

(2) "Landlord" means the owner, manager, lessor, or sublessor of a dwelling unit.

(2.5) "Portable tenant screening report" or "screening report" means a consumer report prepared at the request of a prospective tenant that includes information provided by a consumer reporting agency, which report includes the following information about a prospective tenant and the date through which the information contained in the report is current:

(a) Name;

(b) Contact information;

(c) Verification of employment and income;

(d) Last-known address;

(e) For each jurisdiction indicated in the consumer report as a prior residence of the prospective tenant, regardless of whether the residence is reported by the prospective tenant or by the consumer reporting agency preparing the consumer report:

(I) A rental and credit history report for the prospective tenant that complies with section 38-12-904 (1)(a) concerning a landlord's consideration of a prospective tenant's rental history; and

(II) A criminal history record check for all federal, state, and local convictions of the prospective tenant that complies with section 38-12-904 (1)(b) concerning a landlord's consideration of a prospective tenant's arrest records.

(3) "Rental agreement" means any agreement, written or oral, between a landlord and a tenant embodying the terms and conditions concerning the use and occupancy of a dwelling unit.

(4) "Rental application" means any information, written or oral, submitted to a landlord by a prospective tenant for the purpose of entering into a rental agreement. "Rental application" includes a portable tenant screening report.

(5) "Rental application fee" means any sum of money, however denominated, that is charged or accepted by a landlord from a prospective tenant in connection with the prospective tenant's submission of a rental application or any nonrefundable fee that precedes the onset of tenancy. "Rental application fee" does not include a refundable security deposit or any rent that is paid before the onset of tenancy.

(6) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
C.R.S. § 38-36.5-108 — CO Code / Title 38 / Article 36.5 / Section 38-36.5-108
38-36.5-108. Uniformity of application and construction
Status: in_force

38-36.5-108. Uniformity of application and construction. In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
C.R.S. § 38-36-175 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-175
38-36-175. Action disposed of - memorial canceled
Status: in_force

38-36-175. Action disposed of - memorial canceled. The certificate of the clerk of the court, in which any action or proceeding has been pending, or any judgment or decree is of record, that such action or proceeding has been dismissed or otherwise disposed of, or that the judgment, decree, or order has been satisfied, released, reversed, or overruled, or of any sheriff or any other officer that the levy of any execution, attachment, or other process, certified by him, has been released, discharged, or otherwise disposed of, being filed in the office of the registrar of titles and noted upon the register, shall be sufficient to authorize the registrar to cancel or otherwise treat the memorial of such action, proceeding, judgment, decree, order, or levy, according to the purport of such certificate.
C.R.S. § 38-22-108 — CO Code / Title 38 / Article 22 / Section 38-22-108
38-22-108. Rank of liens
Status: in_force

38-22-108. Rank of liens. (1) Every person given a lien by this article whose contract, either express or implied, is with the owner or reputed owner or owner's agent or other representative, is a principal contractor and all others are subcontractors; and in every case in which different liens are claimed against the same property, the rank of each lien, or class of liens, as between the different lien claimants, shall be declared and ordered to be satisfied in the decree or judgment in the following order named:

(a) The liens of all those who were laborers or mechanics working by the day or piece, but without furnishing material therefor, either as principal or subcontractors;

(b) The liens of all other subcontractors and of all materialmen whose claims are either entirely or principally for laborers, materials, machinery, or other fixtures, furnished either as principal contractors or subcontractors;

(c) The liens of all other principal contractors and all moneys realized in any actions for the satisfaction of liens against the same improvements or structures shall be paid out in the order above designated.
C.R.S. § 38-6-213 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-213
38-6-213. Amendments - new parties - notice
Status: in_force

38-6-213. Amendments - new parties - notice. Amendment to the petition or to any paper or record in the proceedings shall be permitted by the court whenever necessary to a fair hearing and final determination of the questions involved. Should it become necessary at any stage of the proceedings to bring in a new party, the court has the power to make such rule or order in relation thereto as may be deemed reasonable and proper. The court also has the power to make all necessary rules and orders for notice to persons of the pendency of the proceedings.
C.R.S. § 38-3-103 — CO Code / Title 38 / Article 3 / Section 38-3-103
38-3-103. Hearing - findings filed - published
Status: in_force

38-3-103. Hearing - findings filed - published. Upon proof being filed of the publication of such notice and of such personal service where required, the court, at the time and place therein fixed or to which the hearing may be adjourned, shall proceed to hear the allegations and proofs of all persons interested which touch the matters committed to it, and it shall regulate the order of proof as it may deem best. The testimony taken by it shall be under oath. The court shall determine the truth of the matters alleged and set forth in the petition and also the compensation to be paid to such owner for the lands, rights-of-way, or other rights or easements in lands to be appropriated. In the event that the petitioner has theretofore taken possession of such lands, rights-of-way, or other rights or easements in lands, the value thereof shall be determined without considering the value of any improvements that may have been constructed by such corporation and as of the date when such corporation took possession. The court shall file among its records its findings in writing and shall give notice to the petitioner that its findings have been filed. The petitioner shall cause a notice to be published in one or more newspapers of general circulation in the state of Colorado once a week for two weeks, setting forth that the findings of the court have been filed and stating the amount of the compensation fixed by the court. If the owner has appeared in said proceeding by attorney, a copy of said notice shall be served prior to the last publication of said notice upon the attorney so appearing.
C.R.S. § 38-36-155 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-155
38-36-155. Mode of conveying registered land
Status: in_force

38-36-155. Mode of conveying registered land. An owner of registered land conveying the same, or any portion thereof, in fee, shall execute a deed of conveyance which the grantor shall file with the registrar of titles in the county where the land lies. The owner's duplicate certificate shall be surrendered, at the same time, and shall be by the registrar marked "canceled". The original certificate of title shall also be marked "canceled". The registrar of titles shall thereupon enter in the register of titles a new certificate of title to the grantee, and shall prepare and deliver to such grantee an owner's duplicate certificate. All encumbrances, claims, or interests adverse to the title of the registered owner shall be stated upon the new certificate, except insofar as they may be simultaneously released or discharged. When only a part of the land described in a certificate is transferred, or some estate or interest in the land remains in the transferor, a new certificate shall be issued to him for the part, estate, or interest remaining to him.
C.R.S. § 38-30-146 — CO Code / Title 38 / Article 30 / Section 38-30-146
38-30-146. Fraternal society may hold and convey real estate
Status: in_force

38-30-146. Fraternal society may hold and convey real estate. Any odd fellows or masonic lodge or other like benevolent and fraternal society duly chartered by its grand body according to the laws, constitution, and usages of such fraternity, and not wishing to become a corporate body, may take and hold real estate for its use and benefit by purchase, grant, devise, gift, or otherwise in and by the name and number of said body according to the respective registers of the grand body under which the same may be held, and the presiding officer of such body, together with the secretary thereof, may make conveyances of any real estate belonging to such body, when authorized by said body, under such regulations as the said society or its grand body may see fit to make. All such conveyances shall be attested by the seal of said subordinate body.
C.R.S. § 38-25-104 — CO Code / Title 38 / Article 25 / Section 38-25-104
38-25-104. Duties of filing officer
Status: in_force

38-25-104. Duties of filing officer. (1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to a filing officer who is:

(a) The secretary of state, then the secretary of state shall cause the notice to be marked, held, and indexed in accordance with the provisions of section 4-9-519, C.R.S., as if the notice were a financing statement within the meaning of such section; or

(b) The county clerk and recorder, then the county clerk and recorder shall endorse thereon the county clerk and recorder's identification and the date and time of receipt and forthwith record and index in the real estate records in accordance with the provisions of sections 30-10-408 and 30-10-409, C.R.S., showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.

(2) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the secretary of state for filing, the secretary of state shall:

(a) Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the "Uniform Commercial Code", but the notice of lien to which the certificate relates may not be removed from the files; and

(b) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the "Uniform Commercial Code".

(3) If a refiled notice of federal lien referred to in subsection (1) of this section or any of the certificates or notices referred to in subsection (2) of this section is presented for recording to any county clerk and recorder, such clerk and recorder shall enter the refiled notice or the certificate with the date of recording in the index in accordance with the provisions of sections 30-10-408 and 30-10-409, C.R.S.

(4) Upon request of any person, the filing officer shall issue a certificate showing whether there is on file, or recorded on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this article, naming a particular person and, if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for the issuance of a certificate by the secretary of state shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., and the fee for the issuance of a certificate by a county clerk and recorder shall be five dollars. Upon request, the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien. The fee for furnishing and for certifying such copy and affixing the seal thereto shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., if furnished by the secretary of state, and the said fee shall be five dollars, if furnished by a county clerk and recorder.
C.R.S. § 38-34-104 — CO Code / Title 38 / Article 34 / Section 38-34-104
38-34-104. Death of trustee
Status: in_force

38-34-104. Death of trustee. Upon the death of a sole trustee or the surviving trustee of an express trust created by any written instrument affecting title to real property, the trust shall not descend to the heirs of such trustee nor pass to his personal representative, but the trust if then unexecuted shall vest in the then public trustee and his successors in office of the county wherein the real estate is situate, with all powers of the original trustee. The district court may, upon application of any party in interest, appoint a new trustee except in such cases where by law or by the instrument a successor in trust is provided, and in such cases the trust shall vest in such successor.
C.R.S. § 38-13-607 — CO Code / Title 38 / Article 13 / Part 6 / Section 38-13-607
38-13-607. Administrator's options as to custody
Status: in_force

38-13-607. Administrator's options as to custody. (1) The administrator may decline to take custody of property reported under section 38-13-401 if the administrator determines that:

(a) The property has a value less than the estimated expenses of notice and sale of the property; or

(b) Taking custody of the property would be unlawful.

(2) A holder may pay or deliver property to the administrator before the property is presumed abandoned under this article 13 if the holder:

(a) Sends the apparent owner of the property the notice or notices required by section 38-13-501 and provides the administrator evidence of the holder's compliance with this subsection (2)(a);

(b) Includes with the payment or delivery a report regarding the property conforming to section 38-13-402; and

(c) First obtains the administrator's consent in a record to accept payment or delivery.

(3) A holder's request for the administrator's consent under subsection (2)(c) of this section must be in a record. If the administrator fails to respond to the request not later than thirty days after receipt of the request, the administrator is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith.

(4) On payment or delivery of property under subsection (2) of this section, the property is presumed abandoned.
C.R.S. § 38-1-107 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-107
38-1-107. Inspection of premises - expenses - verdict
Status: in_force

38-1-107. Inspection of premises - expenses - verdict. (1) When the jury has been selected and the jurors have taken an oath faithfully and impartially to discharge their duties, the court, at the request of any party to the proceeding and in the discretion of the court, may order that the jury go upon the premises sought to be taken or damaged, in charge of a sworn bailiff, and examine the premises in person. Such order shall require the party making such request to advance a sum, to be fixed by the court in such order, sufficient in the opinion of the court to defray the necessary expenses of such examination. In default of such party forthwith advancing such sum, such order shall be held for naught upon such trial before a jury. The court shall preside in the same manner and with like powers as in other cases. Evidence shall be admitted or rejected by the court according to the rules of law. At the conclusion of the evidence, the matters in controversy may be argued by counsel to the jury. At the conclusion of the arguments, the court shall instruct the jury in writing. The jury shall retire for deliberation, in charge of a sworn officer, and when they have agreed upon a verdict the same shall be returned into court.

(2) If the jury fails to agree, it may be discharged by the court. Thereupon another jury shall be summoned as soon as practicable, in the same manner as before, and like proceedings be had with such jury or successive juries, until a verdict is had. Any party feeling aggrieved by such verdict may move before such court for a new trial in the same manner and for the same causes as in actions at law. The refusal of such court to grant a new trial may be excepted to and assigned for appeal.
C.R.S. § 38-27-101 — CO Code / Title 38 / Article 27 / Section 38-27-101
38-27-101. Lien for hospital care - definition
Status: in_force

38-27-101. Lien for hospital care - definition. (1) Before a lien is created, every hospital duly licensed by the department of public health and environment, pursuant to part 1 of article 3 of title 25, C.R.S., which furnishes services to any person injured as the result of the negligence or other wrongful acts of another person and not covered by the provisions of the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., shall submit all reasonable and necessary charges for hospital care or other services for payment to the property and casualty insurer and the primary medical payer of benefits available to and identified by or on behalf of the injured person, in the same manner as used by the hospital for patients who are not injured as the result of the negligence or wrongful acts of another person, to the extent permitted by state and federal law.

(2) If no payers of benefits are identified for the injured person due to lack of insurance, a lien may be created.

(3) If a hospital is notified of a payer of benefits after it creates a lien, the hospital shall make good-faith attempts to submit reasonable and necessary charges for hospital care or other services to the identified payer in the same manner as used by the hospital for patients who are not injured as the result of the negligence or wrongful acts of another person.

(4) After a hospital satisfies the requirements of this section, and subject to this article, the hospital shall have a lien for all reasonable and necessary charges for hospital care upon the net amount payable to the injured person or to his or her heirs, assigns, or legal representatives out of the total amount of any recovery or sum had or collected, or to be collected, whether by judgment, settlement, or compromise, by the person or his or her heirs or legal representatives as damages on account of the injuries.

(5) Nothing in this section authorizes a hospital to collect or attempt to collect money from a person as prohibited by section 8-42-101 (4), 8-43-207 (1)(o), or 10-16-705 (3), C.R.S.

(6) Nothing in this section changes any obligation of the hospital or its agents under the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, C.R.S.

(7) An injured person who is subject to a lien in violation of this section may bring an action in a district court to recover two times the amount of the lien attempted to be asserted.

(8) The lien of attorneys- and counselors-at-law created by section 13-93-114 has precedence over and is senior to the lien created under this section. This article 27 does not apply to any hospital charges incurred after the date of any such judgment, settlement, or compromise.

(9) For purposes of this section, "payer of benefits" means:

(a) An insurer;

(b) A health maintenance organization;

(c) A health benefit plan;

(d) A preferred provider organization;

(e) An employee benefit plan;

(f) A program of medical assistance under the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, C.R.S.;

(g) The children's basic health plan, article 8 of title 25.5, C.R.S.;

(h) Any other insurance policy or plan; or

(i) Any other benefit available as a result of a contract entered into and paid for by or on behalf of an injured person.
C.R.S. § 38-33.3-402 — CO Code / Title 38 / Article 33.3 / Part 4 / Section 38-33.3-402
38-33.3-402. Manager licensing - condition precedent for enforcement of contract terms
Status: repealed

38-33.3-402. Manager licensing - condition precedent for enforcement of contract terms. (Repealed)
C.R.S. § 38-13-207 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-207
38-13-207. When gift card presumed abandoned
Status: in_force

38-13-207. When gift card presumed abandoned. Subject to section 38-13-210, a gift card is presumed abandoned if it is unclaimed by the apparent owner five years after the later of the date of purchase or its most recent use.
C.R.S. § 38-22-127 — CO Code / Title 38 / Article 22 / Section 38-22-127
38-22-127. Moneys for lien claims made trust funds - disbursements - penalty
Status: in_force

38-22-127. Moneys for lien claims made trust funds - disbursements - penalty. (1) All funds disbursed to any contractor or subcontractor under any building, construction, or remodeling contract or on any construction project shall be held in trust for the payment of the subcontractors, laborer or material suppliers, or laborers who have furnished laborers, materials, services, or labor, who have a lien, or may have a lien, against the property, or who claim, or may claim, against a principal and surety under the provisions of this article and for which such disbursement was made.

(2) This section shall not be construed so as to require any such contractor or subcontractor to hold in trust any funds which have been disbursed to him or her for any subcontractor, laborer or material supplier, or laborer who claims a lien against the property or claims against a principal and surety who has furnished a bond under the provisions of this article if such contractor or subcontractor has a good faith belief that such lien or claim is not valid or if such contractor or subcontractor, in good faith, claims a setoff, to the extent of such setoff.

(3) If the contractor or subcontractor has furnished a performance or payment bond or if the owner of the property has executed a written release to the contractor or subcontractor, he need not furnish any such bond or hold such payments or disbursements as trust funds, and the provisions of this section shall not apply.

(4) Every contractor or subcontractor shall maintain separate records of account for each project or contract, but nothing contained in this section shall be construed as requiring a contractor or subcontractor to deposit trust funds from a single project in a separate bank account solely for that project so long as trust funds are not expended in a manner prohibited by this section.

(5) Any person who violates the provisions of subsections (1) and (2) of this section commits theft, as defined in section 18-4-401, C.R.S.
C.R.S. § 38-33-105 — CO Code / Title 38 / Article 33 / Section 38-33-105
38-33-105. Recording of declaration - certain rules and laws to apply
Status: in_force

38-33-105. Recording of declaration - certain rules and laws to apply. (1) The declaration shall be recorded in the county where the condominium property is located. Such declaration shall provide for the filing for record of a map properly locating condominium units. Any instrument affecting the condominium unit may legally describe it by the identifying condominium unit number or symbol as shown on such map. If such declaration provides for the disposition of condominium units in the event of the destruction or obsolescence of buildings in which such units are situate and restricts partition of the common elements, the rules or laws known as the rule against perpetuities and the rule prohibiting unlawful restraints on alienation shall not be applied to defeat or limit any such provisions.

(2) To the extent that any such declaration contains a mandatory requirement that all condominium unit owners be members of an association or corporation or provides for the payment of charges assessed by the association upon condominium units or the appointment of an attorney-in-fact to deal with the property upon its destruction or obsolescence, any rule of law to the contrary notwithstanding, the same shall be considered as covenants running with the land binding upon all condominium owners and their successors in interest. Any common law rule terminating agency upon death or disability of a principal shall not be applied to defeat or limit any such provisions.
C.R.S. § 38-29-132 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-132
38-29-132. New certificate upon release of mortgage
Status: in_force

38-29-132. New certificate upon release of mortgage. Upon the release of any mortgage on a manufactured home, filed for record in the manner prescribed in section 38-29-128, the owner of the home encumbered by such mortgage, the purchaser from or transferee of the owner thereof as appears on the certificate of title, or the holder of any mortgage the lien of which was junior to the lien of the mortgage released, whichever the case may be, upon the receipt of the certificate of title, as provided in section 38-29-131, shall deliver the same to the authorized agent who shall transmit the same to the director as in other cases. Upon the receipt by the director of the certificate of title bearing thereon the release and satisfaction of mortgage referred to in section 38-29-131, he shall make such notation on the records in his office as shall show the release of the lien of such mortgage, shall issue a new certificate of title to the manufactured home therein described, omitting therefrom all reference to the mortgage so released, and shall dispose of the new certificate of title in the manner prescribed in other cases.
C.R.S. § 38-1-101.7 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-101.7
38-1-101.7. Limitations on the use of right-of-way
Status: in_force

38-1-101.7. Limitations on the use of right-of-way. (1) No easement or right-of-way for pipelines shall be used by the owner thereof or employees of such owner for any purpose other than to construct, lay, install, replace, operate, inspect, maintain, repair, renew, substitute, monitor, change the size of, and remove certain facilities placed within the easement by such owner.

(2) The owner of an easement or right-of-way shall mitigate any erosion of the land within the easement or right-of-way caused by the owner of such easement.
C.R.S. § 38-50-103 — CO Code / Title 38 / Article 50 / Section 38-50-103
38-50-103. Public records - monument records
Status: in_force

38-50-103. Public records - monument records. (1) The state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-120-103, shall employ personnel at the expense of such board's licensed professional land surveyors to maintain a record-keeping and indexing system for all monument records submitted in accordance with section 38-53-104.

(2) (a) The state board of licensure for architects, professional engineers, and professional land surveyors shall provide, free of charge, a copy of each monument record submitted in accordance with section 38-53-104 to the county clerk and recorder for the county in which the monument is located.

(b) Each county clerk and recorder shall maintain copies of monument records in a county record-keeping and indexing system and, upon receipt of each monument record provided pursuant to paragraph (a) of this subsection (2), shall list it in the system.

(c) Records maintained pursuant to this section shall be open to public inspection during normal business hours.

(3) Certified copies of monument records of the state board of licensure for architects, professional engineers, and professional land surveyors shall be evidence in all courts and places in this state.

(4) No fee shall be charged by the state board of licensure for architects, professional engineers, and professional land surveyors for the submission of monument records. The cost of maintaining the record-keeping and indexing system for monument records shall be recouped as part of the renewal fees charged to licensees, which fees shall be calculated to cover the costs of the staff and equipment necessary to maintain the record-keeping and indexing system.
C.R.S. § 38-12-224 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-224
38-12-224. Broadband internet service providers' access to property
Status: in_force

38-12-224. Broadband internet service providers' access to property. A provider may access and install any necessary broadband facilities to provide broadband service to any mobile home in a mobile home park pursuant to part 5 of article 27 of title 29. A property owner of a mobile home park is granted all rights afforded to a property owner in accordance with part 5 of article 27 of title 29.
C.R.S. § 38-12-1403 — CO Code / Title 38 / Article 12 / Part 14 / Section 38-12-1403
38-12-1403. Duties of the seller
Status: in_force

38-12-1403. Duties of the seller. (1) For any rent-to-own contract, the seller of the mobile home shall:

(a) Remain responsible for any repairs of conditions that could endanger the health or safety of a buyer, except for conditions caused by a buyer's gross negligence or willful conduct, until the purchaser becomes the owner of the mobile home and receives the title to the mobile home from the seller or until the lot lease and mobile home lease are legally and validly terminated;

(b) Ensure that the mobile home is habitable under state and local law before entering into a rent-to-own agreement;

(c) Bear the reasonable costs of repairs or maintenance related to the mobile home during the term of the rent-to-own contract so long as the repair or maintenance was not caused by the purchaser's gross negligence or intentional misconduct;

(d) Timely pay all property taxes assessed on the mobile home until the purchaser becomes the owner of the mobile home and receives the title to the mobile home from the seller. The seller may prorate any property taxes owed at the time the title to the mobile home is transferred; and

(e) Return to the purchaser of the mobile home all purchase payments made by the purchaser if the mobile home is rendered unfit for habitation by causes outside of either the purchaser's or the seller's control. If the purchaser owes the seller any money related to the mobile home lease at the time a mobile home is destroyed, the seller may deduct the owed money from any accumulated purchase payments. The seller shall return the accumulated purchase payments within ten days of the date the mobile home was destroyed.
C.R.S. § 38-8-102 — CO Code / Title 38 / Article 8 / Section 38-8-102
38-8-102. Definitions
Status: in_force

38-8-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Affiliate" means:

(a) A person who directly or indirectly owns, controls, or holds with power to vote twenty percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

(I) As a fiduciary or agent without sole discretionary power to vote the securities; or

(II) Solely to secure a debt, if the person has not exercised the power to vote;

(b) A corporation, twenty percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

(I) As a fiduciary or agent without sole power to vote the securities; or

(II) Solely to secure a debt, if the person has not in fact exercised the power to vote;

(c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

(d) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

(2) "Asset" means property of a debtor. "Asset" shall not include:

(a) Property to the extent it is encumbered by a valid lien;

(b) Property to the extent it is generally exempt immediately prior to the time of transfer under nonbankruptcy law; or

(c) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

(3) "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(4) "Control" of a debtor or debtor's property by another person does not include conduct undertaken by the other person to enforce rights existing under a valid agreement, entered into in good faith and not primarily for the purpose of obtaining control of the debtor or the debtor's property, including without limitation a lease of such property.

(5) "Creditor" means a person who has a claim.

(6) "Debt" means liability on a claim.

(7) "Debtor" means a person who is liable on a claim.

(8) "Insider" means:

(a) If the debtor is an individual:

(I) A relative of the debtor or of a general partner of the debtor;

(II) A partnership in which the debtor is a general partner;

(III) A general partner in a partnership described in subparagraph (II) of this paragraph (a); or

(IV) A corporation of which the debtor is a director, officer, or person in control;

(b) If the debtor is a corporation:

(I) A director of the debtor;

(II) An officer of the debtor;

(III) A person in control of the debtor;

(IV) A partnership in which the debtor is a general partner;

(V) A general partner in a partnership described in subparagraph (IV) of this paragraph (b); or

(VI) A relative of a general partner, director, officer, or person in control of the debtor;

(c) If the debtor is a partnership:

(I) A general partner in the debtor;

(II) A relative of a general partner in, or a general partner of, or a person in control of the debtor;

(III) Another partnership in which the debtor is a general partner;

(IV) A general partner in a partnership described in subparagraph (III) of this paragraph (c); or

(V) A person in control of the debtor;

(d) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; or

(e) A managing agent of the debtor.

(9) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.

(10) "Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.

(11) "Property" means anything that may be the subject of ownership.

(12) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

(13) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance.

(14) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
C.R.S. § 38-1-119 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-119
38-1-119. Preference on docket
Status: in_force

38-1-119. Preference on docket. To assure that property owners receive compensation for the taking of their property at the earliest practical time and to reduce the interest obligation of petitioners, all courts wherein such actions are pending shall give such actions preference over other civil actions therein in the manner of setting the same for trial.
C.R.S. § 38-13-1203 — CO Code / Title 38 / Article 13 / Part 12 / Section 38-13-1203
38-13-1203. Action involving another state or foreign country
Status: in_force

38-13-1203. Action involving another state or foreign country. (1) The administrator may join another state or foreign country to examine and seek enforcement of this article 13 against a putative holder.

(2) On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to enforce, in this state, the law of the other state or country against a putative holder subject to a claim by the other state or country, if the other state or country agrees to pay costs incurred by the attorney general in the action.

(3) The administrator may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in the other state or country on behalf of the administrator. This state shall pay the costs, including reasonable attorney fees and expenses, incurred by the other state or foreign country in an action under this subsection (3).

(4) The administrator may pursue an action on behalf of this state to recover property subject to this article 13 but delivered to the custody of another state if the administrator believes the property is subject to the custody of the administrator.

(5) The administrator may retain an attorney in this state, another state, or a foreign country to commence an action to recover property on behalf of the administrator and may agree to pay attorney fees based in whole or in part on a fixed fee, hourly fee, or percentage of the amount or value of property recovered in the action.

(6) Expenses incurred by this state in an action under this section may be paid from property received under this article 13 or the net proceeds of the property. Expenses paid to recover property shall not be deducted from the amount that is subject to a claim under this article 13 by the owner.
C.R.S. § 38-36-144 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-144
38-36-144. When certificate takes effect
Status: in_force

38-36-144. When certificate takes effect. The certificate of title shall relate back to and take effect as of the date of the decree of registration.
C.R.S. § 38-29-125 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-125
38-29-125. Security interests upon manufactured homes
Status: in_force

38-29-125. Security interests upon manufactured homes. (1) Except as provided in this section, the provisions of the "Uniform Commercial Code", title 4, C.R.S., relating to the filing, recording, releasing, renewal, and extension of mortgages, as the term is defined in section 38-29-102 (9), shall not be applicable to manufactured homes. Any mortgage intended by the parties thereto to encumber or create a lien on a manufactured home, to be effective as a valid lien against the rights of third persons, purchasers for value without notice, mortgagees, or creditors of the owner, shall be filed for public record and the fact thereof noted on the owner's certificate of title or bill of sale substantially in the manner provided in section 38-29-128; and the filing of such mortgage with the authorized agent and the notation by him of that fact on the certificate of title or bill of sale substantially in the manner provided in section 38-29-128 shall constitute notice to the world of each and every right of the person secured by such mortgage.

(2) The provisions of this section and section 38-29-128 shall not apply to any mortgage or security interest upon any manufactured home held for sale or lease which constitutes inventory as defined in section 4-9-102, C.R.S. As to such mortgages or security interests, the provisions of article 9 of title 4, C.R.S., shall apply, and perfection of such mortgages or security interests shall be made pursuant thereto, and the rights of the parties shall be governed and determined thereby.
C.R.S. § 38-6-216 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-216
38-6-216. Ownership in controversy - award
Status: in_force

38-6-216. Ownership in controversy - award. If the ownership of any property condemned or damaged is in controversy, the amount awarded in payment of said property or the damage thereto shall be paid into the registry of said court for the use of the successful claimants of said property as their respective interests appear to the court. All disputes as to ownership of property taken or damaged shall be tried to the court.
C.R.S. § 38-12-905 — CO Code / Title 38 / Article 12 / Part 9 / Section 38-12-905
38-12-905. Violations - liability - notice required - exceptions - no exhaustion of remedie
Status: in_force

38-12-905. Violations - liability - notice required - exceptions - no exhaustion of remedies required. (1) Except as described in subsections (3) and (5) of this section, a landlord who violates any provision of this part 9 is liable to the prospective tenant aggrieved by the violation for two thousand five hundred dollars, plus court costs and reasonable attorney fees.

(2) A person who intends to file an action pursuant to subsection (1) of this section shall notify the landlord of such intention not less than seven calendar days before filing the action.

(3) A landlord who corrects or cures a violation of this part 9 not more than seven calendar days after receiving notice of the violation shall pay the prospective tenant aggrieved by the violation a penalty of fifty dollars but otherwise is not liable for damages as described in subsection (1) of this section.

(4) A person who purposefully and in bad faith brings a meritless claim against a landlord under this part 9 is liable for the landlord's court costs and reasonable attorney fees in defending the claim.

(5) (a) A landlord who violates section 38-12-904 (1)(c) or (1)(d) is subject to an initial penalty of fifty dollars, to be paid to the party aggrieved by the violation. A landlord who violates section 38-12-904 (1)(c) or (1)(d) and does not cure the violation pursuant to subsection (3) of this section is also subject to a statutory penalty of two thousand five hundred dollars, to be paid to the aggrieved party in addition to the initial penalty imposed under this subsection (5)(a) and any economic damages, court costs, and attorney fees.

(b) The relief provided in subsection (5)(a) of this section is an alternative to and in addition to any other relief authorized by law, and a person who seeks redress under this section is not required to exhaust administrative remedies.
C.R.S. § 38-13-216 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-216
38-13-216. Money held by the public employees' retirement association - definitions
Status: in_force

38-13-216. Money held by the public employees' retirement association - definitions. (1) For purposes of this section, unless the context otherwise requires:

(a) "Account left inactive" means the contributions of any nonvested member who has terminated employment with an employer if the member's member contribution account with the association has been left inactive.

(b) "Association" means the public employees' retirement association created pursuant to section 24-51-201.

(c) "Benefit" has the same meaning as set forth in section 24-51-101 (7).

(d) "Benefit recipient" has the same meaning as set forth in section 24-51-101 (8).

(e) "Employer" has the same meaning as set forth in section 24-51-101 (20).

(f) "Member" has the same meaning as set forth in section 24-51-101 (29).

(g) "Unclaimed benefit" means a benefit owed to any benefit recipient if the benefit remains unpaid.

(h) "Unclaimed member refund" means the contributions of a member who has terminated employment with an employer and who has requested a refund of the contributions if the refund remains unpaid.

(2) Any money and any accrued interest held by the association for accounts left inactive, unclaimed benefits, or unclaimed member refunds are presumed abandoned if the money, benefit, or refund remains unclaimed for more than five years after the money, benefit, or refund becomes payable or distributable pursuant to article 51 of title 24 unless the owner of the money, within five years, has:

(a) Communicated in writing with the association concerning the money; or

(b) Otherwise indicated an interest in the money as evidenced by a memorandum or other record on file prepared by an employee of the association.

(3) Property that is presumed abandoned pursuant to this section is the only property held by the association that is subject to this article 13.
C.R.S. § 38-5-106 — CO Code / Title 38 / Article 5 / Section 38-5-106
38-5-106. Possession pending action
Status: in_force

38-5-106. Possession pending action. At any time after jurisdiction has been obtained pursuant to section 38-1-103, the petitioner, upon notice to the respondent pursuant to the Colorado rules of civil procedure, may move for an order for immediate possession. Upon such motion and after hearing, the court, by rule in that behalf made, may authorize the petitioner, upon payment into court or to the clerk thereof of the amount determined by the court as probably sufficient to pay the sum that may ultimately be awarded as compensation and damages for the taking, if not in possession to take possession of such right-of-way, and if already in possession to maintain and keep such possession, and in all cases to use and enjoy such right-of-way during the pendency and until the final conclusion of such proceedings, and the court may stay all actions and proceedings against such petitioner on account thereof. Withdrawal from the sum so deposited may be had as provided in section 38-1-105 (6)(b). At such hearing for immediate possession, the court shall hear and dispose of all objections that are raised at that time concerning the motion for immediate possession, the legal sufficiency of the petition, or the regularity of the proceedings in any other respect.
C.R.S. § 38-32.5-100.3 — CO Code / Title 38 / Article 32.5 / Section 38-32.5-100.3
38-32.5-100.3. Definitions
Status: in_force

38-32.5-100.3. Definitions. As used in this article, unless the context otherwise requires:

(1) "Solar easement" means the right of receiving sunlight across real property for any solar energy device. Such a right may be stated in any deed, will, or other instrument executed by or on behalf of any owner of land or sky space.

(2) "Solar energy device" means a solar collector or other device or a structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy.
C.R.S. § 38-4-111 — CO Code / Title 38 / Article 4 / Section 38-4-111
38-4-111. Tunnel company to file map
Status: in_force

38-4-111. Tunnel company to file map. Any such tunnel corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed tunnel for which it desires a right-of-way, together with a statement showing the route of the proposed tunnel and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed line of tunnel.
C.R.S. § 38-7-106 — CO Code / Title 38 / Article 7 / Section 38-7-106
38-7-106. Commissioners - other articles
Status: in_force

38-7-106. Commissioners - other articles. Nothing in this article shall be construed to prevent a commissioner appointed under this article from being appointed pursuant to the provisions of articles 1 to 6 of this title in the same eminent domain proceeding. Nothing in this article shall prevent the appointment of a commissioner, for purposes of this article, who has previously been appointed in the same proceeding under the provisions of article 1 of this title.
C.R.S. § 38-35-108 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-108
38-35-108. Reference to some other instrument affects only the parties thereto
Status: in_force

38-35-108. Reference to some other instrument affects only the parties thereto. When a deed or any other instrument in writing affecting title to real property has been recorded and such deed or other instrument contains a recitation of or reference to some other instrument purporting to affect title to said real property, such recitation or reference shall bind only the parties to the instrument and shall not be notice to any other person whatsoever unless the instrument mentioned or referred to in the recital is of record in the county where the real property is situated. Unless the same is so recorded, no person other than the parties to the instrument shall be required to make any inquiry or investigation concerning such recitation or reference. All such recitations or references contained in deeds and instruments recorded prior to March 28, 1927, shall, after the expiration of one year from March 28, 1927, cease to be notice unless the instrument referred to in said reservation, exception, or reference is actually recorded within said one-year period.
C.R.S. § 38-6-207 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-207
38-6-207. Duty of commissioners, determination of necessity
Status: in_force

38-6-207. Duty of commissioners, determination of necessity. (1) In any case initiated for the acquisition of water rights pursuant to this part 2, it is the duty of the commissioners to:

(a) Examine and assess the growth development plan and statement provided by the municipality, from the proposed condemnation, required in section 38-6-203, and obtain necessary information pursuant to powers granted in section 38-6-208, and make a determination as to the necessity of exercising the power of eminent domain for the proposed purposes;

(b) Provide one of the following recommendations to the court, based upon their findings:

(I) There exists no need and necessity for condemnation as proposed.

(II) There exists a need and necessity for condemnation as proposed.

(III) There exists a need and necessity for condemnation, but it is premature.

(2) In making a recommendation, as provided in subsection (1)(b)(II) of this section, the commissioners may recommend an alternate source of water supply.

(3) The commissioners shall hear the proofs and allegations of the parties and, after viewing the premises, certify the proper compensation to be made to said owner or parties interested for the water or other property to be taken or affected, as well as all damages accruing to the owner or parties interested in consequences of the condemnation of the same.

(4) If the commissioners find there exists no need and necessity for the condemnation proposed, they shall make no finding as to the value of the condemned property.
C.R.S. § 38-39-106 — CO Code / Title 38 / Article 39 / Part 1 / Section 38-39-106
38-39-106. Future advances
Status: in_force

38-39-106. Future advances. (1) Any mortgage may, by its terms, secure future advances up to a total maximum principal amount expressly set forth in such mortgage. Such mortgage shall be effective to secure payment of all advances, both obligatory and optional, up to the stated maximum principal amount to the same extent and with the same effect and priority as if such total maximum principal amount had been fully disbursed on or before the date such mortgage was recorded.

(2) Such mortgage shall also secure, to the same extent and with the same effect and priority, the following additional amounts regardless of whether such additional amounts, when added to the principal amount of the indebtedness, exceed the maximum principal amount stated in the mortgage:

(a) All increases in the principal amount that result from negative amortization or the addition of deferred interest;

(b) All disbursements made for the payment of taxes, levies, or insurance with respect to the property subject to the mortgage or made to protect such property from waste, damage, or abuse;

(c) If the mortgage or evidence of debt secured by the mortgage so provides, all reasonable expenses associated with collection of the indebtedness or foreclosure of the mortgage; and

(d) Interest on any of the items specified in paragraphs (a) to (c) of this subsection (2) in accordance with the terms of the mortgage or the evidence of debt secured by the mortgage.

(3) Subsection (1) of this section shall not apply to any subsequent advance against a mortgage instrument after a mortgagee has initially advanced principal up to the maximum amount stated in the mortgage, unless the mortgage instrument clearly states that it was made pursuant to a revolving credit arrangement.

(4) This section shall have no application to the priority of general mechanics' liens arising pursuant to article 22 of this title, and the priority of such general mechanics' liens with respect to a mortgage which secures future advances shall be determined without reference to this section.

(5) As used in this section, unless the context otherwise requires, "mortgage" means a mortgage, deed of trust, or other instrument creating a lien on real property to secure the payment of an indebtedness.
C.R.S. § 38-33-113 — CO Code / Title 38 / Article 33 / Section 38-33-113
38-33-113. License to sell condominiums and time shares
Status: in_force

38-33-113. License to sell condominiums and time shares. The general assembly hereby finds and declares that the licensing of persons to sell condominiums and time shares is a matter of statewide concern.
C.R.S. § 38-22-113 — CO Code / Title 38 / Article 22 / Section 38-22-113
38-22-113. Hearing - judgment - summons - defense
Status: in_force

38-22-113. Hearing - judgment - summons - defense. (1) The court, whenever the issues in such case are made up, shall advance such cause to the head of the docket for trial and may proceed to hear and determine said liens and claims or may refer the same to a magistrate to ascertain and report upon said liens and claims and the amounts justly due thereon.

(2) Judgments shall be rendered according to the rights of the parties. The various rights of all the lien claimants and other parties to any such action shall be determined and incorporated in one judgment or decree. Each party who establishes his claim under this article shall have judgment against the party personally liable to him for the full amount of his claim so established, and shall have a lien established and determined in said decree upon the property to which his lien has attached to the extent stated in this section.

(3) Proceedings to foreclose and enforce mechanics' liens under this article are actions in rem, and service by publication may be obtained against any defendant therein in a manner as provided by law, and personal judgment against the principal contractor or other person personally liable for the debt for which the lien is claimed shall not be requisite to a decree of foreclosure in favor of a subcontractor or materialman.

(4) In such proceedings, it shall be an affirmative defense that the owner or some person acting on the owner's behalf has paid an amount sufficient to satisfy the contractual and legal obligations of the owner, including the initial purchase price or contract amount plus any additions or change orders, to the principal contractor or any subcontractor for the purpose of payment to the subcontractors or suppliers of laborers or materials or services to the job, when:

(a) The property is an existing single-family dwelling unit;

(b) The property is a residence constructed by the owner or under a contract entered into by the owner prior to its occupancy as his primary residence; or

(c) The property is a single-family, owner-occupied dwelling unit, including a residence constructed and sold for occupancy as a primary residence. This paragraph (c) shall not apply to a developer or builder of multiple residences except for the residence that is occupied as the primary residence of the developer or builder.
C.R.S. § 38-26-103 — CO Code / Title 38 / Article 26 / Section 38-26-103
38-26-103. Verified account to company - withhold payments
Status: in_force

38-26-103. Verified account to company - withhold payments. Every laborer, mechanic, ranchman, farmer, merchant, or other person performing any work or labor or furnishing any laborers, materials, ranch or farm products, provisions, goods, or supplies to any contractor or subcontractor in the construction of any railroad, reservoir, or irrigation canal, or any part thereof, used by such contractor or subcontractor in carrying on said work of construction whose demand for work, labor, laborers, material, ranch or farm products, provisions, goods, or supplies so furnished has not been paid may deliver to the company owning such railroad, reservoir, or irrigation canal, or to its agent, a verified account of the amount and value of the work and labor so performed or the laborers, material, ranch or farm products, provisions, goods, or supplies so furnished. Thereupon such company, or its agent, shall retain out of the subsequent payments to the contractor the amount of such unpaid account for the benefit of the person to whom the same is due.
C.R.S. § 38-32-101 — CO Code / Title 38 / Article 32 / Section 38-32-101
38-32-101. Estates may be created
Status: in_force

38-32-101. Estates may be created. Estates, rights, and interests in areas above the surface of the ground, whether or not contiguous thereto, may be validly created in persons or corporations other than the owners of the land below such areas and shall be deemed to be estates, rights, and interests in lands.
C.R.S. § 38-5.5-108 — CO Code / Title 38 / Article 5.5 / Section 38-5.5-108
38-5.5-108. Pole attachment agreements - limitations on required payments
Status: in_force

38-5.5-108. Pole attachment agreements - limitations on required payments. (1) Neither a local government entity nor a municipally owned utility shall request or receive from a telecommunications provider, broadband provider, or cable television provider, as defined in section 602 (5) of the federal "Cable Communications Policy Act of 1984", in exchange for permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures in a right-of-way, any payment in excess of the amount that would be authorized if the local government entity or municipally owned utility were regulated pursuant to 47 U.S.C. sec. 224, as amended.

(2) A municipality shall not request or receive from a telecommunications provider or a broadband provider, in exchange for or as a condition upon a grant of permission to attach telecommunications or broadband devices to poles, any in-kind payment.
C.R.S. § 38-30-135 — CO Code / Title 38 / Article 30 / Section 38-30-135
38-30-135. Officer shall subscribe certificate
Status: in_force

38-30-135. Officer shall subscribe certificate. Every certificate of the acknowledgment or proof of any deed, bond, agreement, power of attorney, or other writing for the conveyance of real estate, or any interest therein or affecting title thereto, shall be subscribed by the officer certifying the same with his proper hand and shall be endorsed upon or attached to such deed or other writing.
C.R.S. § 38-24-103 — CO Code / Title 38 / Article 24 / Section 38-24-103
38-24-103. Security interest invalid - when
Status: in_force

38-24-103. Security interest invalid - when. No chattel mortgage or security interest shall be valid as against any person, firm, or corporation entitled to a lien under the provisions of this article; but no mortgage, lien, or other encumbrance existing and recorded as provided by law at the time of the inception of the lien provided for in this article shall be affected thereby.
C.R.S. § 38-3-101 — CO Code / Title 38 / Article 3 / Section 38-3-101
38-3-101. Condemning public land - petition
Status: in_force

38-3-101. Condemning public land - petition. Whenever any corporation authorized to appropriate for a public use by the exercise of the right of eminent domain lands, rights-of-way, or other rights or easements in lands requires, needs, or desires to appropriate lands, rights-of-way, or other rights or easements in lands which belong to the United States, the state of Colorado, or any other state or sovereignty, such corporation, for the purpose of having such lands, rights-of-way, or other rights or easements appropriated to such use and for determining the compensation to be paid to such owner therefor, may present a petition to the district court in each of the counties in which such lands, or any part thereof, are located, describing the desired property, giving the name of the owner thereof, and stating by whom and for what purpose it is proposed to be appropriated and that it is needed and required by the petitioner for the public use to which it is proposed to devote the same, and praying that such court appropriate such property to its use and determine the compensation to be paid to the owner therefor.
C.R.S. § 38-12-1002 — CO Code / Title 38 / Article 12 / Part 10 / Section 38-12-1002
38-12-1002. Bed bugs - notification to landlord - landlord duties
Status: in_force

38-12-1002. Bed bugs - notification to landlord - landlord duties. (1) A tenant shall promptly notify the tenant's landlord via written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs. A tenant who gives a landlord electronic notice of a condition shall send such notice only to the e-mail address, telephone number, or electronic portal specified by the landlord in the rental agreement for communications. In the absence of such a provision in the rental agreement, the tenant shall communicate with the landlord in a manner that the landlord has previously used to communicate with the tenant. The tenant shall retain sufficient proof of the delivery of the electronic notice.

(2) Not more than ninety-six hours after receiving notice of the presence of bed bugs or the possible presence of bed bugs, a landlord, after providing notice to the tenant as described in section 38-12-1004 (1):

(a) Shall obtain an inspection of the dwelling unit by a qualified inspector; and

(b) May enter the dwelling unit or any contiguous dwelling unit for the purpose of allowing the inspection as provided in section 38-12-1003.

(3) If the inspection of a dwelling unit confirms the presence of bed bugs, the landlord shall also cause to be performed an inspection of all contiguous dwelling units as promptly as is reasonably practical.
C.R.S. § 38-36-103 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-103
38-36-103. When tax title may be registered
Status: in_force

38-36-103. When tax title may be registered. No title derived through sale for any tax or assessment or special assessment shall be entitled to be registered unless it appears that the title of the applicant, or those through whom he claims title, has been adjudicated by a court of competent jurisdiction, and a decree of such court duly made and recorded decreeing the title of the applicant, or that the applicant or those through whom he claims title have been in the actual and undisputed possession of the land under such title at least seven years immediately prior to the application, and has paid all taxes and assessments legally levied thereon during said time; unless the same is vacant and unoccupied lands or lots, in which case, where title is derived through sale for any tax or assessments or special assessment for any such vacant and unoccupied lands or lots and the applicant, or those through whom he claims title, have paid all taxes and assessments legally levied thereon for eight successive years immediately prior to the application, in which case such lands and lots shall be entitled to be registered as other lands provided for by this section.
C.R.S. § 38-27-103 — CO Code / Title 38 / Article 27 / Section 38-27-103
38-27-103. Enforcement of lien and limitation of action
Status: in_force

38-27-103. Enforcement of lien and limitation of action. Any person, private or corporate, who pays over any money to any such injured person, his attorney, heirs, assigns, or legal representatives against whom there is a lien as provided in this article of which he has received notice as provided in this article is liable to the hospital having such lien for the amount thereof not exceeding the net amount paid to such injured person, his heirs, assigns, or legal representatives. Any action under this section shall be commenced within one year after the date of such payment, and the court shall allow a reasonable attorney's fee for the collection and enforcement of such lien.
C.R.S. § 38-30-109 — CO Code / Title 38 / Article 30 / Section 38-30-109
38-30-109. Existing conveyances not notice of beneficiary unless statement filed in five ye
Status: repealed

38-30-109. Existing conveyances not notice of beneficiary unless statement filed in five years. (Repealed)
C.R.S. § 38-36-142 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-142
38-36-142. Subsequent certificates
Status: in_force

38-36-142. Subsequent certificates. All certificates subsequent to the first shall be in like form, except that they shall be entitled "Transfer from No. ......." (the number of the next previous certificate relating to the same land), and shall also contain the words "Originally registered on the .............. day of .............., 20...., and entered in book ........, at page ........ of register".
C.R.S. § 38-36.5-102 — CO Code / Title 38 / Article 36.5 / Section 38-36.5-102
38-36.5-102. Definitions
Status: in_force

38-36.5-102. Definitions. As used in this article 36.5:

(1) "Amendment" means a document that removes an unlawful restriction.

(2) "Association of owners" has the same meaning as "association" as set forth in section 38-33.3-103 (3).

(3) "Common interest community" has the same meaning as set forth in section 38-33.3-103 (8).

(4) "Document" means a record recorded or eligible to be recorded in land records.

(5) "Governing instrument" has the same meaning as "declaration", as defined in section 38-33.3-103 (13).

(6) "Grantee index" means the grantee index maintained in a recorder's office pursuant to section 30-10-408.

(7) "Grantor index" means the grantor index maintained in a recorder's office pursuant to section 30-10-408.

(8) "Land records" means the real estate records in the office of the recorder pursuant to section 30-10-406 (1).

(9) "Owner" means a person that has a fee interest in real property.

(10) "Person" means an individual, business trust, estate, trust, corporation, partnership, limited liability company, association, joint venture, public corporation or other business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(11) "Record", used as a noun, means information:

(a) Inscribed on a tangible medium; or

(b) Stored in an electronic or other medium and retrievable in perceivable form.

(12) "Recorder" means a county clerk and recorder.

(13) "Remove" means eliminate any apparent or purportedly continuing effect on title to real property.

(14) "Unlawful restriction" means a prohibition, restriction, covenant, or condition in a document that purports to interfere with or restrict the transfer, use, or occupancy of real property:

(a) On the basis of race, color, religion, national origin, sex, familial status, disability, or other personal characteristics; and

(b) In violation of other law of this state, including section 24-34-502, regarding unfair or discriminatory housing practices, or federal law.
C.R.S. § 38-12-1204 — CO Code / Title 38 / Article 12 / Part 12 / Section 38-12-1204
38-12-1204. Authorized conduct
Status: in_force

38-12-1204. Authorized conduct. (1) Section 38-12-1203 does not prohibit a landlord from:

(a) Complying with any legal obligation under:

(I) Federal, state, or local law, including any legal obligation under a government program or pursuant to a condition of government funding, if the government program or government funding provides rent limitations or rental assistance to a tenant;

(II) A subpoena;

(III) A warrant; or

(IV) A court order of any kind;

(b) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, provided the landlord requests the same information or documentation of all prospective tenants regardless of immigration or citizenship status, including requesting a social security number or relevant taxpayer identification number; or

(c) Delivering to the tenant an oral or written notice regarding conduct by the tenant that violates or may violate any applicable rental agreement or law.

(2) Section 38-12-1203 does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing state or local law or the ability of a unit of federal, state, or local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.

(3) Nothing in this part 12:

(a) Prevents a landlord from seeking to collect rent due under the rental agreement; or

(b) Permits a landlord to violate section 8-2-130.

(4) Any waiver of a right under this part 12 by a tenant is void as a matter of public policy.
C.R.S. § 38-29-121 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-121
38-29-121. Altering or using altered certificate
Status: in_force

38-29-121. Altering or using altered certificate. Any person who alters or forges or causes to be altered or forged any certificate of title issued by the director pursuant to the provisions of this article, or any written transfer thereof, or any other notation placed thereon by the director or under his or her authority respecting the mortgaging of the manufactured home therein described or who uses or attempts to use any such certificate for the transfer thereof, knowing the same to have been altered or forged, commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
C.R.S. § 38-24-107 — CO Code / Title 38 / Article 24 / Section 38-24-107
38-24-107. Lienholder's consent in removal or sale
Status: in_force

38-24-107. Lienholder's consent in removal or sale. When the lien provided in this article attaches to the property covered thereby in the manner indicated in this article, no one shall sell or remove the property subject to said lien, or cause the same to be removed from such lands or premises, or otherwise sell or dispose of the same without the written consent of the lien claimant under this article. In the event of any violation of the provisions of this section, the lien claimant shall be entitled to the possession of the property to which said lien has attached, wherever the same may be found, and shall hold the same pending the disposition of the action provided for in this article.
C.R.S. § 38-28-104 — CO Code / Title 38 / Article 28 / Section 38-28-104
38-28-104. Process, practice, procedure
Status: in_force

38-28-104. Process, practice, procedure. The process, practice, and procedure shall be in compliance with the Colorado rules of civil procedure then in effect.
C.R.S. § 38-51-101 — CO Code / Title 38 / Article 51 / Section 38-51-101
38-51-101. Applicability - state - county - local - persons
Status: in_force

38-51-101. Applicability - state - county - local - persons. The provisions of this article shall apply to all agencies of state, county, and local government as well as to individuals, corporations, and partnerships engaged in the private practice of land surveying. This article shall not apply to the location or relocation of mining claims pursuant to article 43 of title 34, C.R.S.
C.R.S. § 38-36-105 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-105
38-36-105. What lands may be joined in one application
Status: in_force

38-36-105. What lands may be joined in one application. Any number of contiguous pieces of land in the same county and owned by the same person and in the same right, or any number of pieces of property in the same county having the same chain of title and belonging to the same person, may be included in one application.
C.R.S. § 38-33.3-212 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-212
38-33.3-212. Relocation of boundaries between adjoining units
Status: in_force

38-33.3-212. Relocation of boundaries between adjoining units. (1) Subject to the provisions of the declaration and other provisions of law, and pursuant to the procedures described in section 38-33.3-217, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units.

(2) In order to relocate the boundaries between adjoining units, the owners of those units, as the applicant, must submit an application to the executive board, which application shall be executed by those owners and shall include:

(a) Evidence sufficient to the executive board that the applicant has complied with all local rules and ordinances and that the proposed relocation of boundaries does not violate the terms of any document evidencing a security interest;

(b) The proposed reallocation of interests, if any;

(c) The proposed form for amendments to the declaration, including the plats or maps, as may be necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers;

(d) A deposit against attorney fees and costs which the association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the executive board; and

(e) Such other information as may be reasonably requested by the executive board.

(3) No relocation of boundaries between adjoining units shall be effected without the necessary amendments to the declaration, plats, or maps, executed and recorded pursuant to section 38-33.3-217 (3) and (5).

(4) All costs and attorney fees incurred by the association as a result of an application shall be the sole obligation of the applicant.
C.R.S. § 38-36-174 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-174
38-36-174. Title acquired by execution - new certificate issued
Status: in_force

38-36-174. Title acquired by execution - new certificate issued. Any person who has acquired any right, title, interest, or estate in registered land by virtue of any execution, judgment, order, or decree of the court shall register his title so acquired by filing in the office of the registrar of titles all writings or instruments permitted or required to be recorded in the case of unregistered land. If the interest or estate so acquired is the fee in the registered land, or any part thereof, the person acquiring such interest shall be entitled to have a new certificate of title registered in him in the same manner as is provided in the case of persons acquiring title by action or proceeding in foreclosure of mortgages.
C.R.S. § 38-44-108 — CO Code / Title 38 / Article 44 / Section 38-44-108
38-44-108. Exceptions - hearing
Status: in_force

38-44-108. Exceptions - hearing. At the term of court after such report is filed, any party interested may file exceptions thereto within ten days from the date the report is filed with the clerk, but if in term time, then within three days after the same is filed, and the court shall hear and determine them, hearing evidence in addition to that reported by the commission if necessary, and may approve or modify such report or again refer the matter to the same or another commission for further report.
C.R.S. § 38-20-104 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-104
38-20-104. Landlord to retain property - sale
Status: repealed

38-20-104. Landlord to retain property - sale. (Repealed)
C.R.S. § 38-5.5-104.5 — CO Code / Title 38 / Article 5.5 / Section 38-5.5-104.5
38-5.5-104.5. Use of local government entity structures
Status: in_force

38-5.5-104.5. Use of local government entity structures. (1) Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, sections 29-27-403 and 29-27-404, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity; except that, a small cell facility or a small cell network shall not be located or mounted on any apparatus, pole, or signal with tolling collection or enforcement equipment attached.

(2) If, at any time, the construction, installation, operation, or maintenance of a small cell facility on a local government entity's light pole, light standard, traffic signal, or utility pole fails to comply with applicable law, the local government entity, by providing the telecommunications provider or the broadband provider notice and a reasonable opportunity to cure the noncompliance, may:

(a) Cause the attachment on the affected structure to be removed; and

(b) Prohibit future, noncompliant use of the light pole, light standard, traffic signal, or utility pole.

(3) (a) Except as provided in subsections (3)(b) and (3)(c) of this section, a local government entity shall not impose any fee or require any application or permit for the installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with national safety codes.

(b) A local government entity with a municipal or county code that requires an application or permit for the installation of micro wireless facilities may, but is not required to, continue the application or permit requirement subsequent to July 1, 2017.

(c) A local government entity may require a single-use right-of-way permit if the installation, placement, operation, maintenance, or replacement of micro wireless facilities:

(I) Involves working within a highway travel lane or requires the closure of a highway travel lane;

(II) Disturbs the pavement or a shoulder, roadway, or ditch line;

(III) Includes placement on limited access rights-of-way; or

(IV) Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.
C.R.S. § 38-39-201 — CO Code / Title 38 / Article 39 / Part 2 / Section 38-39-201
38-39-201. Liens not to run over fifteen years
Status: in_force

38-39-201. Liens not to run over fifteen years. (1) Except as provided in sections 38-39-202 and 38-39-204, any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due as shown by such mortgage or deed of trust recorded in the office of the county clerk and recorder of the county wherein the property is located.

(2) If the date on which the final payment or performance is due cannot be determined from the information contained in the recorded mortgage or deed of trust, such date shall, for the purpose of this article, be considered to be the date of the recorded instrument or, if the instrument is undated, the date the instrument was first recorded, notwithstanding anything in any other instrument or any unrecorded instrument to the contrary.
C.R.S. § 38-6-109 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-109
38-6-109. Cost assessed against block
Status: in_force

38-6-109. Cost assessed against block. In all cases where the proposed improvement is the opening, widening, establishing, or extension of a public alley, the cost thereof shall be assessed against the property in the particular block in which said alley is situated, according to the benefits to be received therefrom, and against none other.
C.R.S. § 38-30-145 — CO Code / Title 38 / Article 30 / Section 38-30-145
38-30-145. Conveyance by sheriff
Status: in_force

38-30-145. Conveyance by sheriff. Deeds, executed by any sheriff or other officer for real estate sold upon execution, or pursuant to the decree or order of any court, shall be acknowledged or proved and admitted to record in like manner and with like effect as other deeds. The successor in office of any sheriff or other officer shall have authority to execute deeds for real estate sold by his predecessor upon execution at law, or the judgment, order, or decree of any court of equity.
C.R.S. § 38-20-114 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-114
38-20-114. Clerk of sale
Status: in_force

38-20-114. Clerk of sale. At such sale the person to whom such lien is given may appoint a clerk and crier.
C.R.S. § 38-13-1406 — CO Code / Title 38 / Article 13 / Part 14 / Section 38-13-1406
38-13-1406. Security of information
Status: in_force

38-13-1406. Security of information. (1) If a holder is required to include confidential information in a report to the administrator, the information must be provided by secure means.

(2) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required by this article 13, the administrator or administrator's agent shall:

(a) Implement administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the information as required by the law of this state and federal law whether or not the administrator or the administrator's agent is subject to the law;

(b) Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and

(c) Protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and their beneficiaries.

(3) The administrator:

(a) After notice and comment, shall adopt and implement a security plan that identifies and assesses reasonably foreseeable internal and external risks to confidential information in the administrator's possession and seeks to mitigate the risks; and

(b) Shall ensure that an administrator's agent adopts and implements a similar plan with respect to confidential information in the agent's possession.

(4) The administrator and the administrator's agent shall educate and train their employees regarding the plan adopted under subsection (3) of this section.

(5) The administrator and the administrator's agent shall in a secure manner return or destroy all confidential information no longer reasonably needed under this article 13.
C.R.S. § 38-12-302 — CO Code / Title 38 / Article 12 / Part 3 / Section 38-12-302
38-12-302. Definitions
Status: in_force

38-12-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Municipality" means a city or town and, in addition, means a city or town incorporated prior to July 3, 1877, whether or not reorganized, and any city, town, or city and county which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution.
C.R.S. § 38-4-112 — CO Code / Title 38 / Article 4 / Section 38-4-112
38-4-112. Pipeline company to file map
Status: in_force

38-4-112. Pipeline company to file map. Any such pipeline corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed line for which it desires a right-of-way, together with a statement showing the route of the proposed pipeline and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed line.
C.R.S. § 38-36-138 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-138
38-36-138. Title to be registered - register of titles
Status: in_force

38-36-138. Title to be registered - register of titles. Immediately upon the filing of the decree of registration in the office of the registrar of titles, the registrar shall proceed to register the title or interest pursuant to the terms of the decree in the manner provided in this section. The registrar shall keep a book known as the "register of titles", wherein he shall enter all first and subsequent original certificates of title by binding or recording them therein in the order of their numbers, consecutively, beginning with number one, with appropriate blanks for entry of memorials and notations allowed by this article. Each certificate, with such blanks, shall constitute a separate page of such book. All memorials and notations that may be entered upon the register shall be entered upon the page whereon the last certificate of title of the land to which they relate is entered. The term "certificate" or "title" used in this article includes all memorials and notations thereon.
C.R.S. § 38-13-801.5 — CO Code / Title 38 / Article 13 / Part 8 / Section 38-13-801.5
38-13-801.5. Unclaimed property tourism promotion trust fund - creation - payments - interest
Status: in_force

38-13-801.5. Unclaimed property tourism promotion trust fund - creation - payments - interest - transfers - definition. (1) There is hereby created in the state treasury the unclaimed property tourism promotion trust fund. The principal in the trust fund consists of all proceeds collected by the administrator from the sale of securities under this article 13.

(2) The principal of the unclaimed property tourism promotion trust fund shall not be expended except to pay claims made pursuant to this article 13. Money constituting the principal of the trust fund that is credited to or expended from the trust fund to pay claims is not fiscal year spending of the state for purposes of section 20 of article X of the state constitution, and such money is deemed custodial funds that are not subject to appropriation by the general assembly.

(3) (a) After reserving the amounts described in subsection (3)(b) of this section, the interest derived from the deposit and investment of money in the unclaimed property tourism promotion trust fund shall be credited to the following funds:

(I) Twenty-five percent of the interest to the Colorado state fair authority cash fund created in section 35-65-107 (1), subject to appropriation by the general assembly pursuant to section 35-65-107 (3)(b);

(II) Sixty-five percent of the interest to the agriculture management fund created in section 35-1-106.9, subject to appropriation by the general assembly pursuant to section 35-1-106.9; and

(III) (A) Ten percent of the interest to the Colorado travel and tourism promotion fund created in section 24-49.7-106 (1), subject to appropriation by the general assembly pursuant to section 24-49.7-106 (3) for use in the promotion of agritourism in the state. For purposes of this subsection (3)(a)(III), "agritourism" means the practice of engaging in activities, events, and services that have been provided to consumers for recreational, entertainment, or educational purposes at a farm, ranch, or other agricultural, horticultural, or agribusiness operation in order to allow consumers to experience, learn about, and participate in various facets of agricultural industry, culinary pursuits, natural resources, and heritage.

(B) The board of directors of the Colorado tourism office created in section 24-49.7-103 shall consult annually, and execute a memorandum of understanding, with the commissioner of agriculture regarding the expenditure of money credited pursuant to subsection (3)(a)(III)(A) of this section in order to coordinate agritourism promotion efforts.

(b) The administrator shall reserve in the unclaimed property tourism promotion trust fund and shall not transfer any money necessary for:

(I) The claims paid pursuant to this article 13 for each fiscal year; and

(II) The reserve amount necessary to pay anticipated claims.

(c) Any money that is credited to and expended from the Colorado state fair authority cash fund, the agriculture management fund, or the travel and tourism promotion fund pursuant to this subsection (3) constitutes fiscal year spending of the state for purposes of section 20 of article X of the state constitution.

(4) The money in the unclaimed property tourism promotion trust fund does not revert to the general fund at the end of any fiscal year.
C.R.S. § 38-29-115 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-115
38-29-115. Sale to dealers - certificate need not issue
Status: in_force

38-29-115. Sale to dealers - certificate need not issue. Upon the sale or transfer to a dealer of a manufactured home for which a Colorado certificate of title has been issued, formal transfer and delivery of the certificate of title thereto shall be made as in other cases; except that, so long as the home so sold or transferred remains in the dealer's inventory for sale and for no other purpose, such dealer shall not be required to procure the issuance of a new certificate of title thereto as is otherwise required in this article.
C.R.S. § 38-39-204 — CO Code / Title 38 / Article 39 / Part 2 / Section 38-39-204
38-39-204. Effect of notice of action on lien
Status: in_force

38-39-204. Effect of notice of action on lien. If, prior to the expiration of the period as defined in sections 38-39-201 and 38-39-202 during which any recorded mortgage or deed of trust constitutes a lien, there shall be filed in the office of the county clerk and recorder of the proper county a notice of an action pending to foreclose such lien or a notice of election and demand for sale, the lien created by such instrument shall continue until final disposition of the action or foreclosure proceeding.
C.R.S. § 38-13-301 — CO Code / Title 38 / Article 13 / Part 3 / Section 38-13-301
38-13-301. Address of apparent owner to establish priority
Status: in_force

38-13-301. Address of apparent owner to establish priority. (1) In this part 3, the following rules apply:

(a) The last-known address of an apparent owner is any description, code, or other indication of the location of the apparent owner that identifies the state, even if the description, code, or indication of location is not sufficient to direct the delivery of first-class United States mail to the apparent owner;

(b) If the United States postal zip code associated with the apparent owner is for a post office located in this state, this state is deemed to be the state of the last-known address of the apparent owner unless other records associated with the apparent owner specifically identify the physical address of the apparent owner to be in another state;

(c) If the address under subsection (1)(b) of this section is in another state, the other state is deemed to be the state of the last-known address of the apparent owner; and

(d) The address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined under section 38-13-302.
C.R.S. § 38-13-218 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-218
38-13-218. Property held by racetracks - inapplicability
Status: in_force

38-13-218. Property held by racetracks - inapplicability. This article 13 does not apply to any intangible unclaimed property held by a racetrack, as defined in section 44-32-102 (24).
C.R.S. § 38-13-1101 — CO Code / Title 38 / Article 13 / Part 11 / Section 38-13-1101
38-13-1101. Informal conference
Status: in_force

38-13-1101. Informal conference. (1) Not later than thirty days after receipt of a notice under section 38-13-1011, a putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator.

(2) If a putative holder makes a timely request under subsection (1) of this section for an informal conference:

(a) Not later than twenty days after the date of the request, the administrator shall set the time and place of the conference;

(b) The administrator shall give the putative holder notice in a record of the time and place of the conference;

(c) The conference may be held in person, by telephone, or by electronic means, as determined by the administrator;

(d) The request tolls the ninety-day period under sections 38-13-1103 and 38-13-1104 until notice of a decision under subsection (2)(g) of this section has been given to the putative holder or the putative holder withdraws the request for the conference;

(e) The conference may be postponed, adjourned, and reconvened as the administrator determines appropriate;

(f) The administrator or administrator's designee, with the approval of the administrator, may modify a determination made under section 38-13-1011 or withdraw it; and

(g) The administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than twenty days after the conference ends.

(3) A conference under subsection (2) of this section is not an administrative remedy and is not a contested case subject to the "State Administrative Procedure Act", article 4 of title 24. An oath is not required and the rules of evidence do not apply in the conference.

(4) At a conference under subsection (2) of this section, the putative holder shall be given an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to:

(a) Discuss the determination made under section 38-13-1011; and

(b) Present any issue concerning the validity of the determination.

(5) If the administrator fails to act within the period prescribed in subsection (2) of this section, the failure does not affect a right of the administrator; except that interest does not accrue on the amount for which the putative holder was determined to be liable under section 38-13-1011 during the period in which the administrator failed to act until the earlier of:

(a) The date under section 38-13-1103 when the putative holder initiates administrative review or files an action under section 38-13-1104; or

(b) Ninety days after the putative holder received notice of the administrator's determination under section 38-13-1011 if no review was initiated under section 38-13-1103 and no action was filed under section 38-13-1104.

(6) The administrator may hold an informal conference with a putative holder about a determination under section 38-13-1011 without a request at any time before the putative holder initiates administrative review under section 38-13-1103 or files an action under section 38-13-1104.

(7) Interest and penalties under section 38-13-1204 continue to accrue on property not reported, paid, or delivered as required by this article 13 after the initiation, and during the pendency, of an informal conference under this section.
C.R.S. § 38-12-301 — CO Code / Title 38 / Article 12 / Part 3 / Section 38-12-301
38-12-301. Control of rents by counties and municipalities prohibited - legislative declara
Status: in_force

38-12-301. Control of rents by counties and municipalities prohibited - legislative declaration. (1) The general assembly finds and declares that the imposition of rent control on private residential housing units is a matter of statewide concern; therefore, no county or municipality may enact any ordinance or resolution that would control rent on either private residential property or a private residential housing unit.

(2) For purposes of subsection (1) of this section, an ordinance or resolution that would control rent on either private residential property or a private residential housing unit shall not include:

(a) A voluntary agreement between a county or municipality and a permit applicant or property owner to limit rent on the property or unit or that is otherwise designed to provide affordable housing stock; or

(b) The placement on the title to the unit of a deed restriction that limits rent on the property or unit or that is otherwise designed to provide affordable housing stock pursuant to a voluntary agreement between a county or municipality and a permit applicant or property owner to place the deed restriction on the title.

(3) An agreement authorized pursuant to subsection (2) of this section may specify how long either private residential property or a private residential housing unit is subject to its terms, whether a subsequent property owner is subject to the agreement, and remedies for early termination agreed to by both the permit applicant or property owner and the county or municipality.

(4) Notwithstanding any other provision of this section, a county or municipality may not deny an application for a development permit as defined in section 29-20-103 (1), C.R.S., because an applicant for such a permit declines to enter into an agreement to limit rent on either private residential property or a private residential housing unit.

(5) This section is not intended to impair the right of any state agency, county, or municipality to manage and control any property in which it has an interest through a housing authority or similar agency.
C.R.S. § 38-41-201.6 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-201.6
38-41-201.6. Mobile home, manufactured home, trailer, and trailer coach homestead exemption
Status: in_force

38-41-201.6. Mobile home, manufactured home, trailer, and trailer coach homestead exemption. (1) A manufactured home as defined in section 38-29-102 (6) that includes a mobile home or manufactured home as defined in section 38-12-201.5 (5), 5-1-301 (29), or 42-1-102 (48.8), that has been purchased by an initial user or subsequent user, and for which a certificate of title or registration has been issued in accordance with section 38-29-110 or pursuant to section 38-29-108, is a homestead and is entitled to the same exemption as enumerated in section 38-41-201, except for any loans, debts, or obligations incurred prior to January 1, 1983. For purposes of this homestead exemption, the term "house" as used in section 38-41-205 is deemed to include mobile homes or manufactured homes.

(2) A trailer as defined in section 42-1-102 (105), C.R.S., or a trailer coach as defined in section 42-1-102 (106), C.R.S., that has been purchased by an initial user or subsequent user and for which a certificate of title or registration has been issued pursuant to section 42-3-103, C.R.S., is a homestead and is entitled to the same exemption as enumerated in section 38-41-201, except for any loans, debts, or obligations incurred prior to July 1, 2000. For purposes of this homestead exemption, the term "house" as used in section 38-41-205 shall be deemed to include trailers or trailer coaches.
C.R.S. § 38-41-114 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-114
38-41-114. When limitations apply
Status: in_force

38-41-114. When limitations apply. The limitations established in this part 1 shall apply to causes of action that have accrued prior to March 28, 1927, as well as to all causes of action accruing thereafter. This part 1 shall not be construed as reviving any action barred by any former or other statute.
C.R.S. § 38-29-124 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-124
38-29-124. Amended certificate to issue, when
Status: in_force

38-29-124. Amended certificate to issue, when. If the owner of any manufactured home for which a Colorado certificate of title has been issued replaces any part of said home on which appears the identification number or symbol described in the certificate of title and by which said home is known and identified, by reason whereof such identification number or symbol no longer appears thereon, or incorporates the part containing the identification number or symbol into a manufactured home other than the one for which the original certificate of title was issued, immediately thereafter, such owner shall make application to the director or one of his authorized agents for an assigned identification number and an amended certificate of title to such manufactured home.
C.R.S. § 38-30.5-107.5 — CO Code / Title 38 / Article 30.5 / Section 38-30.5-107.5
38-30.5-107.5. Condemnation of property encumbered by a conservation easement in gross - determ
Status: in_force

38-30.5-107.5. Condemnation of property encumbered by a conservation easement in gross - determination of just compensation. If property encumbered by a conservation easement in gross created in accordance with the requirements of section 38-30.5-104 is condemned in accordance with the requirements of articles 1 to 7 of this title 38, and, as a result of the condemnation, the condemning authority is acquiring such property free and clear of the conservation easement interest or subordinating the deed of conservation easement to such acquired property interest, just compensation must be determined based on the value of the property as if unencumbered by the conservation easement in gross and must be allocated between the fee owner and the holder of the conservation easement based upon the value of their respective interests in the property. This section does not affect or limit damages to which a holder of a conservation easement in gross is entitled under section 38-30.5-108 (3).
C.R.S. § 38-13-207.5 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-207.5
38-13-207.5. Bank deposits and funds in financial organizations - definition
Status: in_force

38-13-207.5. Bank deposits and funds in financial organizations - definition. (1) Any demand, savings, or matured time deposit with a financial organization, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a financial organization is presumed abandoned unless the owner, within five years, has:

(a) In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest;

(b) Communicated in writing with the banking or financial organization concerning the property;

(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the financial organization;

(d) Owned other property to which subsection (1)(a), (1)(b), or (1)(c) of this section applies and unless the financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection (1) at the address to which communications regarding the other property regularly are sent; or

(e) Had another relationship with the financial organization concerning which the owner has:

(I) Communicated in writing with the financial organization; or

(II) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and unless the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection (1) at the address to which communications regarding the other relationship regularly are sent.

(2) Any property described in subsection (1) of this section that is automatically renewable is matured for purposes of subsection (1) of this section upon the expiration of its initial time period, but, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in section 38-13-603, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.

(3) For purposes of this section, "property" includes interest and dividends.
C.R.S. § 38-22-129 — CO Code / Title 38 / Article 22 / Section 38-22-129
38-22-129. Principal contractor may provide bond prior to commencement of work
Status: in_force

38-22-129. Principal contractor may provide bond prior to commencement of work. (1) Except as provided in subsection (4) of this section, the provisions of section 38-22-101 (1) shall not apply if, at the commencement of any work upon any construction project for the improvement of real property as described in section 38-22-101 (1), a performance bond and a labor and materials payment bond, each in an amount equal to one hundred fifty percent of the contract price, are executed by the principal contractor and one or more corporate sureties authorized and qualified to do business in this state, for the protection of all contractors, subcontractors, materialmen, and laborers supplying labor, laborers, or material in the prosecution of the work on such construction project for the use of each contractor, subcontractor, materialman, or laborer.

(2) All subcontractors, materialmen, mechanics, and others who would otherwise be entitled to a lien under the provisions of section 38-22-101 (1) shall have a right of action directly against the principal contractor and his surety for the full amount due. Such action shall be brought within six months after completion of the last work on such project.

(3) In order to be effective, a notice of such bond shall be filed with the county clerk and recorder of the county wherein such project is situate prior to the commencement of any work on the project and shall be indexed according to both the street address and the legal description of the property to be improved. The principal contractor shall post a notice on the property that notice of such bond has been filed with the county clerk and recorder and shall make available copies of the bond to every contractor, subcontractor, materialman, mechanic, or laborer upon request.

(4) If any claimant files for record a lien statement or other notice, pursuant to section 38-22-109, such lien shall be deemed released upon the filing for record of a notice executed by both the principal and all sureties acknowledging the existence of the bond furnished for such project and that said lien claimant is entitled to claim the benefits of said bond. Such acknowledgment shall be executed by the principal and sureties upon demand of the owners or any person filing a lien statement. Said notice may be delivered personally to the surety or its agent and the principal or his agent or may be mailed by certified or registered mail. If the principal and all sureties on any such bonds fail or refuse to execute and record such acknowledgment within thirty days after written demand is made upon them, all lien claimants shall be entitled to enforce their lien claims in the same manner as if no bond had been filed as provided in subsection (1) of this section.

(5) In the event that any corporate surety on any bond filed pursuant to the provisions of subsection (1) of this section becomes subject to an order for relief under the federal bankruptcy code of 1978, title 11 of the United States Code, is the subject of any state or federal corporate reorganization proceedings, makes any assignment for the benefit of creditors, or otherwise is unable to meet its financial obligations as they become due, the provisions of this section shall not apply, and any lien claimant shall be entitled to enforce such lien claim in the same manner as if no bond had been filed as provided in subsection (1) of this section.
C.R.S. § 38-34-102 — CO Code / Title 38 / Article 34 / Section 38-34-102
38-34-102. Official name as part of signature
Status: in_force

38-34-102. Official name as part of signature. Where, from the body of an instrument, it is apparent that a person is conveying or is acting in some official or representative capacity and the signature to the instrument omits the statement of the official or representative capacity, it shall be presumed that the official or representative capacity is a part of the signature.
C.R.S. § 38-22-132 — CO Code / Title 38 / Article 22 / Section 38-22-132
38-22-132. Lien to be discharged
Status: in_force

38-22-132. Lien to be discharged. Notwithstanding any other provision of this article or section 38-35-110, upon court approval of a bond or undertaking as provided in section 38-22-131, and upon the issuance and recording of a certificate of release as specified in this section, the lien against the property, and any notice of lis pendens or notice of the commencement of any action relating to such lien, shall be immediately discharged and released in full; the real property described in such bond or undertaking shall be forever released from the lien, from any notice of lis pendens or notice of the commencement of any action relating to such lien, and from any action brought to foreclose such lien; the bond or undertaking shall be substituted; and no notice of lis pendens or notice of the commencement of any action relating to such lien or any action for the enforcement or foreclosure thereof shall thereafter be recorded against the property. The clerk of the district court with which such bond or undertaking has been filed shall issue a certificate of release which shall be recorded in the office of the clerk and recorder of the county wherein the original mechanic's lien was filed, and the certificate of release shall show that the property has been forever released from the lien, from any notice of lis pendens or notice of the commencement of any action relating to such lien, and from any action brought to foreclose such lien.
C.R.S. § 38-13-503 — CO Code / Title 38 / Article 13 / Part 5 / Section 38-13-503
38-13-503. Notice by administrator
Status: in_force

38-13-503. Notice by administrator. (1) The administrator shall give notice to an apparent owner that property that is presumed abandoned and appears to be owned by the apparent owner is held by the administrator under this article 13.

(2) In providing notice under subsection (1) of this section, the administrator shall send the notice to the apparent owner's electronic-mail address if the administrator has an electronic-mail address that the administrator does not know to be invalid.

(3) In addition to the notice under subsection (2) of this section, the administrator shall maintain a website or database accessible by the public and electronically searchable that contains the names reported to the administrator of all apparent owners for whom property is being held by the administrator.

(4) The website or database maintained under subsection (3) of this section must include instructions for filing with the administrator a claim to property and a printable claim form with instructions for its use.

(5) In addition to giving notice under subsection (2) of this section and maintaining the website or database under subsection (3) of this section, the administrator may use first-class mail, electronic mail, other printed publication, telecommunication, the internet, other media, or public events to inform the public of the existence of unclaimed property held by the administrator.
C.R.S. § 38-13-103 — CO Code / Title 38 / Article 13 / Part 1 / Section 38-13-103
38-13-103. Inapplicability to wholly foreign transaction
Status: in_force

38-13-103. Inapplicability to wholly foreign transaction. This article 13 does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction.
C.R.S. § 38-6-110 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-110
38-6-110. Property need not be in city limits
Status: in_force

38-6-110. Property need not be in city limits. In all proceedings under this part 1, the petitioner has the right to take or condemn separate parcels of land. Such parcels of land need not be adjoining or contiguous to each other. In all cases where a proceeding is brought to condemn, appropriate, or acquire land for boulevard, parkway, or park purposes, such land or any part thereof may be situated beyond or without the corporate limits of said city or city and county, subject to the limitation imposed by section 31-25-201 (1), C.R.S.
C.R.S. § 38-33.3-112 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-112
38-33.3-112. Unconscionable agreement or term of contract
Status: in_force

38-33.3-112. Unconscionable agreement or term of contract. (1) The court, upon finding as a matter of law that a contract or contract clause relating to a common interest community was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.

(2) Whenever it is claimed, or appears to the court, that a contract or any contract clause relating to a common interest community is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:

(a) The commercial setting of the negotiations;

(b) Whether the first party has knowingly taken advantage of the inability of the second party reasonably to protect such second party's interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;

(c) The effect and purpose of the contract or clause; and

(d) If a sale, any gross disparity at the time of contracting between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
C.R.S. § 38-12-1102 — CO Code / Title 38 / Article 12 / Part 11 / Section 38-12-1102
38-12-1102. Legislative declaration
Status: in_force

38-12-1102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) There are factors unique to the relationship between mobile home owners and mobile home park landlords;

(b) Once occupancy has commenced, a mobile home owner may be subject to violations of the "Mobile Home Park Act", part 2 of this article 12, without an adequate remedy at law because the difficulty and expense in moving and relocating a mobile home can affect the operation of market forces and lead to an inequality of the bargaining position of the parties;

(c) Taking legal action against a mobile home park landlord for violations of the "Mobile Home Park Act" can be a costly and lengthy process that is not timely enough to prevent significant harm, and many mobile home owners and residents cannot afford to pursue a court process to vindicate statutory rights. Mobile home park landlords will also benefit by having access to a process that resolves disputes quickly and efficiently.

(d) Certain actions by mobile home park landlords may cause imminent harm to mobile home park residents.

(2) Therefore, it is the intent of the general assembly to provide an equitable as well as a less costly and more timely and efficient way for mobile home owners, mobile home park residents, and mobile home park landlords to resolve disputes; to provide a mechanism for state authorities to quickly locate mobile home park landlords; and to grant the division of housing the authority to issue cease and desist orders to stop actions by landlords that pose the potential for imminent harm.
C.R.S. § 38-32-105 — CO Code / Title 38 / Article 32 / Section 38-32-105
38-32-105. Estates affected
Status: in_force

38-32-105. Estates affected. The provisions of this article shall be applicable to such estates, rights, and interests created in areas above the surface of the ground, whether such estates, rights, and interests were created prior to or after March 12, 1953.
C.R.S. § 38-36-195 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-195
38-36-195. Forging seal or signature a felony
Status: in_force

38-36-195. Forging seal or signature a felony. Whoever forges, or procures to be forged, or assists in forging the seal of the registrar, or the name, signature, or handwriting of any officer of the registry office, in cases where such officer is expressly or impliedly authorized to affix his or her signature; or forges, or procures to be forged, or assists in forging the name, signature, or handwriting of any person whomsoever to any instrument which is expressly or impliedly authorized to be signed by such person; or uses any document upon which any impression or part of the impression of any seal of said registrar has been forged, knowing the same to have been forged, or any document the signature to which has been forged, commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
C.R.S. § 38-10-112 — CO Code / Title 38 / Article 10 / Section 38-10-112
38-10-112. Void agreements
Status: repealed

38-10-112. Void agreements. (1) Except for contracts for the sale of goods which are governed by section 4-2-201, C.R.S., and lease contracts which are governed by section 4-2.5-201, C.R.S., in the following cases every agreement shall be void, unless such agreement or some note or memorandum thereof is in writing and subscribed by the party charged therewith:

(a) Every agreement that by the terms is not to be performed within one year after the making thereof;

(b) Every special promise to answer for the debt, default, or miscarriage of another person;

(c) Every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry.

(2) Repealed.
C.R.S. § 38-36-117 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-117
38-36-117. Copy of application filed with county clerk and recorder - lis pendens
Status: in_force

38-36-117. Copy of application filed with county clerk and recorder - lis pendens. At the time of the filing of the application in the office of the clerk of the court, a copy thereof, certified by the clerk, shall be filed, but need not be recorded, in the office of the county clerk and recorder and shall have the force and effect of a lis pendens.
C.R.S. § 38-39-209 — CO Code / Title 38 / Article 39 / Part 2 / Section 38-39-209
38-39-209. Mortgages to United States
Status: in_force

38-39-209. Mortgages to United States. (1) Any mortgage, deed of trust, or other instrument executed by a corporation organized under the provisions of articles 40, 55, and 56 of title 7, C.R.S., and given to secure any indebtedness to the United States, or any agency or instrumentality thereof, which affects real or personal property, or both, and which is recorded in the real property records in any county in which such property is located or is to be located shall have the same force and effect as if such instrument were also recorded, filed, or indexed as provided by law in the proper office in such county as a mortgage of personal property. All after-acquired real or personal property of such corporation, described or referred to as being mortgaged or pledged in any such instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such corporation, whether or not such property was in existence at the time of the execution of such instrument.

(2) Recordation of any such instrument shall constitute notice and otherwise have the same effect with respect to such after-acquired property as it has under the laws relating to recordation with respect to property owned by such corporation at the time of the execution of such instrument and therein described or referred to as being mortgaged or pledged thereby. The lien upon personal property of any such instrument shall, after recordation thereof, continue in existence and of record until the performance of the obligation secured thereby or the release or satisfaction thereof by the owner thereof.
C.R.S. § 38-29-102 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-102
38-29-102. Definitions
Status: repealed

38-29-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Authorized agent" means the county clerk and recorder in each of the counties of the state, except in the city and county of Denver, and therein the manager of revenue, or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of manufactured homes, is the authorized agent.

(1.5) "Clerk and recorder" means the clerk and recorder of any county or city and county in the state of Colorado.

(2) "Dealer" means any person, firm, partnership, corporation, or association licensed under the laws of this state to engage in the business of buying, selling, exchanging, or otherwise trading in manufactured homes.

(3) "Department" means the department of revenue.

(4) "Director" means the executive director of the department of revenue.

(5) "Home" means any manufactured home as defined in subsection (6) of this section.

(6) "Manufactured home" means a preconstructed building unit or combination of preconstructed building units that is constructed in compliance with the federal manufactured home construction safety standard, as defined in section 24-32-3302 (13), C.R.S. "Manufactured home" shall also include a mobile home, as defined in section 24-32-3302 (24), C.R.S.

(7) "Manufacturer" means a person, firm, partnership, corporation, or association engaged in the manufacture of new manufactured homes.

(8) Repealed.

(9) "Mortgages" or "mortgage" or "chattel mortgage" means chattel mortgages, conditional sales contracts, or any other like instrument intended to operate as a mortgage or to create a lien on a manufactured home as security for an undertaking of the owner thereof or some other person; except that, as used in part 2 of this article, "mortgage" also includes mortgages, deeds of trust, and other liens on real property.

(10) "Owner" means any person, association of persons, firm, or corporation in whose name the title to a manufactured home is registered.

(11) "Person" means a natural person, association of persons, firm, partnership, or corporation.

(12) "State" includes the territories and the federal districts of the United States.

(13) "Verification of application form" means the form generated by an authorized agent upon receipt of a properly completed application for title submitted in accordance with section 38-29-107.
C.R.S. § 38-14-104 — CO Code / Title 38 / Article 14 / Section 38-14-104
38-14-104. Termination of loans by museums
Status: in_force

38-14-104. Termination of loans by museums. (1) A museum may give written notice of termination of a loan at any time after the expiration of a loan made for a specified period or at any time if the loan is for an indefinite period. Any loan not evidenced by a writing stating the term of the loan and signed by the lender shall be deemed a loan for an indefinite period.

(2) Notice given under this section shall contain:

(a) A description of the loaned property sufficient to identify it;

(b) The last-known name and address of the lender;

(c) The date of the loan or the date the loaned property was accepted by the museum if the loan was not evidenced by a writing;

(d) The name, address, and telephone number of the appropriate officer or official at the museum to be contacted regarding the loan;

(e) A statement referring the lender to this article and informing him that failure to reclaim his loaned property within one hundred twenty days shall result in the loss of all rights in said property.
C.R.S. § 38-36-118 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-118
38-36-118. Examination of application and abstract - report of examiner
Status: in_force

38-36-118. Examination of application and abstract - report of examiner. Immediately after the filing of the abstract of title, the court shall enter an order referring the application to an examiner of titles, who shall proceed to examine into the title and into the truth of the matters set forth in the application, and particularly whether the land is occupied, the nature of the occupation if occupied, and by what right, and, also as to all judgments against the applicant or those through whom he claims title, which may be a lien upon the lands described in the application. He shall search the records and investigate all the facts brought to his notice, and file in the case a report thereon, including a certificate of his opinion upon the title. The clerk of the court shall thereupon give notice to the applicant of the filing of such report. If the opinion of the examiner is adverse to the applicant, he shall be allowed by the court a reasonable time in which to elect to proceed further, or to withdraw his application. The election shall be made in writing and filed with the clerk of the court.
C.R.S. § 38-30.7-102 — CO Code / Title 38 / Article 30.7 / Section 38-30.7-102
38-30.7-102. Definitions
Status: in_force

38-30.7-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Wind energy agreement" or "agreement" means a lease, license, easement, or other agreement between the owner of a surface estate and a wind energy developer to develop wind-powered energy generation.

(2) "Wind energy developer" means the lessee, easement holder, licensee, or similar party under a wind energy agreement.

(3) "Wind energy developer of record" means the wind energy developer named in a recorded wind energy agreement or, if the wind energy agreement has been transferred by a recorded document, the most recent transferee of the rights of the original wind energy developer identified in the recorded document.

(4) "Wind energy right" means the right of the owner of a surface estate, either directly or through a wind energy developer under a wind energy agreement, to capture and employ the kinetic energy of the wind.

(5) "Wind-powered energy generation" means the generation of electricity by means of a turbine or other device that captures and employs the kinetic energy of the wind.
C.R.S. § 38-29-207 — CO Code / Title 38 / Article 29 / Part 2 / Section 38-29-207
38-29-207. Copy of certificates to assessor
Status: in_force

38-29-207. Copy of certificates to assessor. The clerk and recorder shall forward a copy of a certificate of permanent location, certificate of removal, and certificate of destruction to the assessor for the county or city and county.
C.R.S. § 38-36-101 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-101
38-36-101. Application to register title - by whom made
Status: in_force

38-36-101. Application to register title - by whom made. (1) Prior to January 1, 2018, the owner of any estate or interest in land, whether legal or equitable, except unpatented land, may apply as provided in this article 36 to have the title of said land registered. The application may be made by the applicant personally, or by an agent thereunto lawfully authorized in writing, which authority shall be executed and acknowledged in the same manner and form as is now required as to a deed, and shall be recorded in the office of the county clerk and recorder in the county in which the land, or the major portion thereof, is situated before the making of the application by such agent. A corporation may apply by its authorized agent, and an infant or any other person under disability by his legal guardian. Joint tenants and tenants in common shall join in the application. The person in whose behalf the application is made shall be named as applicant.

(2) On or after January 1, 2018, no more applications to register titles under this article 36 may be made.
C.R.S. § 38-13-605 — CO Code / Title 38 / Article 13 / Part 6 / Section 38-13-605
38-13-605. Recovery of property by holder from administrator
Status: in_force

38-13-605. Recovery of property by holder from administrator. (1) A holder that pays money to the administrator under this article 13 may file a claim for reimbursement from the administrator of the amount paid if the holder:

(a) Paid the money in error; or

(b) After paying the money to the administrator, paid the money to a person the holder reasonably believed to be entitled to the money.

(2) If a claim for reimbursement under subsection (1) of this section is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder must submit proof that the instrument was presented and that payment was made to a person the holder reasonably believed to be entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.

(3) If a holder is reimbursed by the administrator under subsection (1)(b) of this section, the holder may also recover from the administrator income or gain under section 38-13-606 that would have been paid to the owner if the money had been claimed from the administrator by the owner to the extent the income or gain was paid by the holder to the owner.

(4) (a) A holder that delivers property other than money to the administrator under this article 13 may file a claim for return of the property from the administrator if:

(I) The holder delivered the property in error; or

(II) The apparent owner has claimed the property from the holder.

(b) If a claim for return of property under subsection (4)(a) of this section is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the administrator in error.

(5) The administrator may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section.

(6) A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.

(7) Not later than ninety days after a claim is filed under subsection (1) or (4) of this section, the administrator shall allow or deny the claim and give the claimant notice of the decision in a record. If the administrator does not take action on a claim during the ninety-day period, the claim is deemed denied.

(8) The claimant may initiate a proceeding under the "State Administrative Procedure Act", article 4 of title 24, for review of the administrator's decision or the deemed denial under subsection (7) of this section not later than:

(a) Thirty days following receipt of the notice of the administrator's decision; or

(b) One hundred twenty days following the filing of a claim under subsection (1) or (4) of this section in the case of a deemed denial under subsection (7) of this section.
C.R.S. § 38-7.5-105 — CO Code / Title 38 / Article 7.5 / Section 38-7.5-105
38-7.5-105. Construction of article
Status: in_force

38-7.5-105. Construction of article. The right to take possession and title before the final judgment as prescribed in this article 7.5 is in addition to any other right, power, or authority otherwise conferred by law and may not be construed as abrogating, limiting, or modifying any such other right, power, or authority, including the rights, powers, and authorities granted in articles 1 to 7 of this title 38. Should the provisions of this article 7.5 be invoked by any party, the final determination of the amount constituting just compensation must be determined pursuant to the provisions of article 1 of this title 38. Notwithstanding any other provision of this article 7.5, a county revitalization authority's eminent domain authority shall not exceed that of the county where the authority is located.
C.R.S. § 38-36-184 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-184
38-36-184. Requirements of instruments filed for registration
Status: in_force

38-36-184. Requirements of instruments filed for registration. Every writing and instrument required or permitted by this article to be filed for registration shall contain or have endorsed upon it the full name, place of residence, and post-office address of the grantee or other person acquiring or claiming any right, title, or interest under such instrument. Any change in residence or post-office address of such person shall be endorsed by the registrar of titles in the original instrument on receiving a sworn statement of such change. All names and addresses shall also be entered on all certificates. All notices required by or given in pursuance of the provisions of this article by the registrar of titles or by the court, after original registration, shall be served on the person to be notified; if a resident of the state of Colorado, as summonses in civil actions are served, and proof of such service shall be made as on the return of a summons. All such notices shall be sent by mail to the person to be notified, if not a resident of the state of Colorado, at his residence and post-office address, as stated in the certificate of title or in any registered instrument under which he claims an interest. The certificate of the registrar of titles, or clerk of court, that any notice has been served by mailing the same as provided in this section, shall be conclusive proof of such notice. The court may in any case order different or further service by publication or otherwise.
C.R.S. § 38-21.5-101 — CO Code / Title 38 / Article 21.5 / Section 38-21.5-101
38-21.5-101. Definitions
Status: in_force

38-21.5-101. Definitions. As used in this article 21.5, unless the context otherwise requires:

(1) "Default" means the failure to perform in a timely manner any obligation or duty set forth in this article or the rental agreement.

(1.5) "Electronic mail" or "e-mail" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks.

(2) "Last-known address" means that postal address or e-mail address provided by the occupant in the latest rental agreement or in a subsequent written notice of a change of address.

(3) "Occupant" means a person, or his sublessee, successor, or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.

(4) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement.

(5) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items.

(6) "Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy at a self-service storage facility.

(7) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such facility for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse as used in sections 4-7-209 and 4-7-210, C.R.S. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of the "Uniform Commercial Code", and the provisions of this article do not apply.

(8) "Vehicle" means any item of personal property required to be registered with the department of revenue pursuant to section 42-3-103, C.R.S.

(9) "Verified mail" means any method of mailing that is offered by the United States postal service and that provides evidence of mailing.

(10) "Watercraft" means any vessel, including a personal watercraft, as defined in section 33-13-102, C.R.S.
C.R.S. § 38-13-1010 — CO Code / Title 38 / Article 13 / Part 10 / Section 38-13-1010
38-13-1010. Limit on future employment
Status: in_force

38-13-1010. Limit on future employment. The administrator or an individual employed by the administrator who participates in, recommends, or approves the award of a contract under section 38-13-1009 (2) on or after July 1, 2020, must not be employed by, contracted with, or compensated in any capacity by the contractor or an affiliate of the contractor for two years after the latest of participation in, recommendation of, or approval of the award or conclusion of the contract.
C.R.S. § 38-38-703 — CO Code / Title 38 / Article 38 / Part 7 / Section 38-38-703
38-38-703. No waiver of or agreement to shorten right to cure
Status: in_force

38-38-703. No waiver of or agreement to shorten right to cure. A waiver of or agreement to shorten the time period to exercise the right to cure a default granted by the provisions of this article that is made before the date of the default as to which the waiver is granted under a deed of trust, mortgage, or other instrument evidencing a lien or an evidence of debt secured thereby shall be void as against public policy.
C.R.S. § 38-5-107 — CO Code / Title 38 / Article 5 / Section 38-5-107
38-5-107. Companies, cities, and towns carrying high voltage - crossings - arbitration
Status: in_force

38-5-107. Companies, cities, and towns carrying high voltage - crossings - arbitration. (1) Any person, corporation, or city or town seeking to secure a right-of-way for lines of electric light or for the transmission of electric power for any purpose over, under, or across any right-of-way of any other person, corporation, or city or town for such purposes or seeking to erect or construct its lines of wire under or over the lines of wire already constructed by such other person, corporation, or city or town for any such purposes upon, under, along, or across any public highway or upon, under, along, or across any public lands owned or controlled by the state of Colorado before constructing such lines or wires over, under, or across such rights-of-way or wires of other persons, corporations, or cities or towns, where either of said lines or wires carry a current at an electrical pressure of five thousand volts or more, shall agree with such other persons, corporations, or cities or towns as to the conditions under or upon which such overhead or underneath construction or crossing shall be made, looking to the due protection and safeguard of the wires of the person, corporation, or city or town already having a right-of-way for such wires and looking to the safety of life, health, and property. In case of an inability to agree upon the conditions under or upon which such overhead or underneath crossings shall be made, the person, corporation, or city or town owning and operating or controlling the lines of wires already built or constructed and the person, corporation, or city or town seeking to construct new lines or wires or to make said crossings shall each select a person as an arbitrator, which two persons shall determine said conditions under or upon which such overhead or underneath construction or crossing shall be made. In case of a disagreement in regard thereto by the arbitrators, they shall select a third person to act with them, and the decision made by any two of said arbitrators shall be final and binding upon the person, corporation, or city or town so seeking to make or construct the crossings, who shall construct the crossings in a manner determined by such arbitrators.

(2) The parties interested, before they make their submission to the arbitrators, shall make and subscribe a written article of agreement in and by which they shall agree to submit the matter as to how said crossings shall be made to the arbitrators named, and will abide by their award. Said award shall be in writing, and a copy thereof delivered to each of the parties interested. Such conditions for protection at said crossings shall be established at the sole expense of the person, corporation, or city or town seeking the right-of-way for such overhead or underneath construction or crossings. Nothing in this article shall affect the right of any person, corporation, or city or town to make such crossings where the lines or wires of neither of the parties concerned carry a current at an electrical pressure of less than five thousand volts.
C.R.S. § 38-12-1408 — CO Code / Title 38 / Article 12 / Part 14 / Section 38-12-1408
38-12-1408. Rent-to-own contract - conclusion
Status: in_force

38-12-1408. Rent-to-own contract - conclusion. (1) For any rent-to-own contract, within ten days of receiving the final purchase payment, the seller must assign the title to the mobile home to the purchaser and provide the purchaser all documents in the seller's control necessary for the purchaser to transfer title to the mobile home. The seller shall assign the title to the mobile home without placing any restrictions on the title or on the buyer's ownership rights to the mobile home.

(2) Before assigning the title of a mobile home to the purchaser, the seller must pay any then-owed property taxes assessed on the mobile home or provide a credit to the purchaser, prorated to the date that the mobile home's title is assigned to the purchaser.

(3) A seller shall not impose any other fees, charges, or other costs on the purchase of a mobile home as a condition of concluding the rent-to-own contract.

(4) In addition to all other remedies available pursuant to section 38-12-220 and other state law, if the seller of a mobile home has failed to properly repair or maintain the mobile home as required by section 38-12-1403 at the time the purchaser of a mobile home makes the final payment under the rent-to-own contract, the purchaser may exercise the purchaser's right of private action pursuant to section 38-12-220. If the purchaser prevails, in addition to damages available pursuant to section 38-12-220, a court may award treble damages if the court determines that the seller's failure to repair or maintain the mobile home was negligent or willful.
C.R.S. § 38-38-401 — CO Code / Title 38 / Article 38 / Part 4 / Section 38-38-401
38-38-401. Certificate of purchase - issuance
Status: in_force

38-38-401. Certificate of purchase - issuance. (1) No later than five business days after the sale, the officer shall execute and record in each county where the property or a portion thereof is located a certificate of purchase containing:

(a) The names of the original grantors of the deed of trust being foreclosed;

(a.5) The description of the property;

(b) The sum paid for the property;

(c) The name and address of the purchaser;

(d) A statement that the purchaser or assignee of the certificate of purchase shall be entitled to a confirmation deed at the expiration of all redemption periods provided under part 3 of this article unless a redemption is made;

(e) The deficiency under the evidence of debt, if any, as a result of the successful bid at sale;

(f) The public trustee's sale number or, in the case of a sale by the sheriff, the district court civil action number;

(g) The date of sale;

(h) An attached exhibit containing a copy of the executed order authorizing the sale that bears the public trustee sale number or civil docket number in the case of a judicial foreclosure; and

(i) An attached exhibit containing a copy of the mailing list and all amended mailing lists bearing the public trustee sale number or civil docket number in the case of a judicial foreclosure.

(2) The officer shall retain the recorded certificate of purchase in the officer's records.

(3) The failure of the officer to comply with the provisions of this section shall not affect the validity of the sale or the vesting of title in the name of the holder of the certificate of purchase or certificate of redemption.
C.R.S. § 38-30-123 — CO Code / Title 38 / Article 30 / Section 38-30-123
38-30-123. Powers of attorney must be recorded
Status: in_force

38-30-123. Powers of attorney must be recorded. In order that all conveyances which are executed by any attorney-in-fact may be seen to be executed with the assent of the grantor, the power of attorney of the attorney-in-fact, duly proved or acknowledged, shall be recorded in the same office in which the conveyances themselves are required to be recorded.
C.R.S. § 38-36-110 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-110
38-36-110. Bond of registrar
Status: in_force

38-36-110. Bond of registrar. (1) Except as provided in subsection (2) of this section, every county clerk and recorder shall, before entering upon the duties as registrar of titles, give a bond with sufficient sureties, to be approved by a judge of the district court of the county, payable to the people of the state of Colorado in such sum as is fixed by the said judge of the district court, conditioned for the faithful discharge of duties and to deliver up all papers, books, records, and other property belonging to the county or appertaining to the office as registrar of titles, whole, safe, and undefaced, when lawfully required to do so. The bond shall be filed in the office of the secretary of state and a copy thereof shall be filed and entered upon the records of the district court in the county wherein the county clerk and recorder holds office.

(2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the county clerk and recorder to protect the people of the county from any malfeasance on the part of the county clerk and recorder while in office.
C.R.S. § 38-36-147 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-147
38-36-147. Tract and alphabetical indexes kept by registrar
Status: in_force

38-36-147. Tract and alphabetical indexes kept by registrar. The registrar of titles shall keep tract indexes, in which shall be entered the lands registered in the numerical order of the townships, ranges, sections, and, in cases of subdivisions, the blocks and lots therein, and the names of the owners, with a reference to the volume and page of the register of titles in which the lands are registered. He shall also keep alphabetical indexes, in which shall be entered in alphabetical order the names of all registered owners and all other persons interested in or holding charges upon or any interest in the registered land, with a reference to the volume and page of the register of titles in which the land is registered.
C.R.S. § 38-36-113 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-113
38-36-113. Examiner of titles - compensation - oath or affirmation - bond
Status: in_force

38-36-113. Examiner of titles - compensation - oath or affirmation - bond. The judges of the district court in and for the judicial districts for which they are elected or appointed shall appoint a competent attorney in each county within their district as examiner of titles and legal adviser of the registrar. The examiner of titles in each county shall be paid in each case by the applicant such compensation as the judge of the district court determines. Every examiner of titles shall take an oath or affirmation in accordance with section 24-12-101 and shall also give a bond in such amount and with such sureties as shall be approved by the judge of the district court, payable in like manner and with like conditions as required of the registrar. A copy of the bond shall be entered upon the records of said court and the original shall be filed with the registrar.
C.R.S. § 38-25-106 — CO Code / Title 38 / Article 25 / Section 38-25-106
38-25-106. Lien not valid until notice filed
Status: in_force

38-25-106. Lien not valid until notice filed. Prior to the time of the filing of a notice of lien in the office of the secretary of state or the county clerk and recorder, as the case may be, the lien shall not be valid as against any mortgagee, purchaser, or judgment creditor.
C.R.S. § 38-10-106 — CO Code / Title 38 / Article 10 / Section 38-10-106
38-10-106. Conveyance - trust - power must be in writing
Status: in_force

38-10-106. Conveyance - trust - power must be in writing. No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands or in any manner relating thereto shall be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance in writing subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
C.R.S. § 38-12-1104 — CO Code / Title 38 / Article 12 / Part 11 / Section 38-12-1104
38-12-1104. Dispute resolution program - creation - division of housing - duties - report -
Status: in_force

38-12-1104. Dispute resolution program - creation - division of housing - duties - report - rules. (1) The "Mobile Home Park Act Dispute Resolution and Enforcement Program" is hereby created.

(2) The division shall:

(a) Produce educational materials regarding the act and the program. These materials must be in both English and Spanish and must include a notice in a format that a landlord can reasonably post in a mobile home park. The notice must summarize home owner and resident rights and responsibilities under the act and this part 11, provide information on how to file a complaint with the division, describe the protections afforded under section 38-12-1105 (13), and provide a toll-free telephone number and website that landlords, home owners, and residents can use to seek additional information and communicate complaints specific to the program.

(b) Distribute the educational materials described in subsection (2)(a) of this section to all known landlords and, as requested, to any complainants or respondents;

(c) Ensure that landlords post the notice provided in subsection (2)(a) of this section in a clearly visible location in common areas of mobile home parks, including any community hall or recreation hall;

(d) Enforce a penalty if the division discovers that the landlord has not appropriately posted the notice provided in subsection (2)(a) of this section in accordance with the requirements of subsection (2)(c) of this section;

(e) Create and maintain a registration database of mobile home parks;

(f) Create and maintain a database of mobile home parks that have had complaints filed against them under the program;

(g) Provide an annual report to the transportation and local government committee of the house of representatives, or its successor committee, and the local government committee of the senate, or its successor committee, and publish that annual report on the division's official website;

(h) Receive complaints and perform dispute resolution and enforcement activities related to the program, including investigations, negotiations, communications, determinations of violations, awards of damages, and impositions of penalties as described in section 38-12-1105;

(i) Issue subpoenas; and

(j) Promulgate such rules as are necessary to implement the provisions of the program created in this part 11 and to clarify the requirements of the "Mobile Home Park Act", part 2 of this article 12. Such rules shall be promulgated in accordance with article 4 of title 24.

(3) The program must be funded by the penalties and fees deposited in the fund and any other resources directed to the program.

(4) The attorney general may, at the attorney general's discretion, investigate and enforce compliance with the act and this part 11.
C.R.S. § 38-12-219 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-219
38-12-219. Home owners' and landlords' rights
Status: in_force

38-12-219. Home owners' and landlords' rights. (1) Every home owner and landlord has a private right of action pursuant to section 38-12-203 or 38-12-220 to enforce the following:

(a) Protection from abuse or disregard of state or local law by the landlord and home owners. Abuse or disregard of state or local law includes, but is not limited to:

(I) Oral or written statements that threaten eviction of a home owner for violations that are not grounds to terminate a tenancy under section 38-12-203;

(II) Misleading a home owner about the home owner's obligation to sign a new lease or agreement; or

(III) Taking, possessing, or depriving a home owner or resident of his or her property or property rights without due process of law, including the opportunity for a judicial or administrative hearing.

(b) Peaceful enjoyment of the home owner's mobile home space, free from unreasonable, arbitrary, or capricious rules and enforcement thereof; and

(c) Tenancy free from harassment or frivolous lawsuits by the landlord and home owners.

(2) The rights and obligations set forth in subsections (1)(a)(III), (1)(b), and (1)(c) of this section are not subject to enforcement through the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in part 11 of this article 12.
C.R.S. § 38-40-103.5 — CO Code / Title 38 / Article 40 / Section 38-40-103.5
38-40-103.5. Notice upon transfer of servicing rights - prior servicer's offer to borrower su
Status: in_force

38-40-103.5. Notice upon transfer of servicing rights - prior servicer's offer to borrower survives transfer - definitions. (1) As used in this section:

(a) "Borrower" means a person liable under an evidence of debt constituting a residential mortgage loan.

(b) "Evidence of debt" has the meaning set forth in section 38-38-100.3 (8).

(c) "Holder" means the holder of an evidence of debt constituting a residential mortgage loan.

(d) "Residential mortgage loan" has the meaning set forth in section 12-10-702 (21).

(e) (I) "Servicer" means a person who collects, receives, or has the right to collect or receive payments on behalf of a holder, including payments of principal, interest, escrow amounts, and other amounts due on obligations due and owing to the holder.

(II) "Servicer" includes:

(A) The person or entity to whom payments are to be sent, as listed on the most recent billing statement or payment coupon provided to the borrower; or

(B) A subsidiary, affiliate, or assignee of a servicer, however designated, including a person designated as a subservicer.

(2) A servicer to whom servicing rights for a residential mortgage loan have been sold or transferred by the holder or by a predecessor servicer is subject to, and shall honor, the borrower's acceptance, prior to the sale or transfer of servicing rights, of any offer previously made by the holder or predecessor servicer in connection with a modification of a residential mortgage loan.

(3) At the time of the transfer or sale of servicing rights for a residential mortgage loan, the transferor or seller shall inform the buyer or transferee of the servicing rights whether a loan modification is pending.

(4) A contract for the transfer or sale of servicing rights for a residential mortgage loan must obligate the successor servicer to:

(a) Accept and continue processing any pending loan modification requests; and

(b) Honor any trial and permanent loan modification agreements entered into by the prior servicer.
C.R.S. § 38-21-105 — CO Code / Title 38 / Article 21 / Section 38-21-105
38-21-105. Disposition of proceeds of sale
Status: in_force

38-21-105. Disposition of proceeds of sale. (Deleted by amendment)
C.R.S. § 38-33.3-101 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-101
38-33.3-101. Short title
Status: in_force

38-33.3-101. Short title. This article shall be known and may be cited as the "Colorado Common Interest Ownership Act".
C.R.S. § 38-33.3-122 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-122
38-33.3-122. Applicability to out-of-state common interest communities
Status: in_force

38-33.3-122. Applicability to out-of-state common interest communities. This article does not apply to common interest communities or units located outside this state.
C.R.S. § 38-6-115 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-115
38-6-115. Amendments - new parties - notice
Status: in_force

38-6-115. Amendments - new parties - notice. Amendment to the petition or to any paper or record in the proceedings shall be permitted by the court whenever necessary to a fair hearing and final determination of the questions involved. Should it become necessary at any stage of the proceedings to bring in a new party, the court has the power to make such rule or order in relation thereto as may be deemed reasonable and proper. The court also has the power to make all necessary rules and orders for notice to persons of the pendency of the proceedings.
C.R.S. § 38-36-151 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-151
38-36-151. Duplicates - certified copies
Status: in_force

38-36-151. Duplicates - certified copies. Duplicates of all instruments, voluntary or involuntary, filed and registered in the office of the registrar of titles, may be presented with the originals, and shall be attested and sealed by the registrar of titles, and endorsed with the file number and other memoranda on the originals, and may be taken away by the person presenting the same. Certified copies of all instruments filed and registered may be obtained from the registrar of titles on the payment of a fee of the same amount as is allowed the county clerk and recorder for a like certified copy.
C.R.S. § 38-20-112 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-112
38-20-112. Sale continued - when - record
Status: in_force

38-20-112. Sale continued - when - record. In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day at the place of sale. Upon the completion of such sale, the person to whom the lien is given shall cause a bill of sale thereof to be filed with the court in which judgment was taken, in which shall be set down the sum for which each separate article of property was sold and the name of the purchaser. The court shall record such bill of sale in its docket and preserve the original thereof.
C.R.S. § 38-38-704 — CO Code / Title 38 / Article 38 / Part 7 / Section 38-38-704
38-38-704. Providing information to homeowner and public
Status: repealed

38-38-704. Providing information to homeowner and public.

(1) Repealed.

(2) (a) Notwithstanding any provision of the deed of trust or other lien being foreclosed or any provision of law to the contrary, an officer may, at his or her discretion, provide to an owner of the property or to any person liable on the secured indebtedness or other lien being foreclosed, or otherwise make available to the general public, any educational or other information or material concerning foreclosures under this article, including available community resources and foreclosure prevention information, that has been approved by the office of the attorney general, by an agency of the state of Colorado or the federal government, or by an attorney currently licensed to practice and in good standing in the state of Colorado and retained by a public trustee for such purpose. The officer may charge the fees and costs of providing such information or materials to the property owner or person liable on the debt as foreclosure fees and costs; except that the amount of such fees and costs charged shall not exceed twenty-five dollars.

(b) This subsection (2) shall take effect July 1, 2007.
C.R.S. § 38-30-170 — CO Code / Title 38 / Article 30 / Section 38-30-170
38-30-170. Private restrictive covenants - modification - exception - procedures
Status: in_force

38-30-170. Private restrictive covenants - modification - exception - procedures. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), any private restrictive covenants which are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States may be modified pursuant to the procedures specified in subsection (2) of this section.

(b) The provisions of this section shall not apply to any private restrictive covenants which contain any express and written provisions concerning the modification of such private restrictive covenants.

(2) Upon good faith delivery of written notification to all owners of real property located within a subdivision, as indicated on the records of the county clerk and recorder of the county in which the subdivision is located, a meeting may be held not less than ten days after such notification has been given concerning the modification of any void and unenforceable private restrictive covenants. Such private restrictive covenants may be modified only upon the written approval of a majority of all of the owners of real property located within the subdivision. Following such approval, such private restrictive covenants, as modified, shall be filed for recording with such county clerk and recorder. A copy of such private restrictive covenants, as modified, shall be delivered by mail to all owners of record of real property located within the subdivision.

(3) The county clerk and recorder shall not be held liable for recording any private restrictive covenants, as modified pursuant to the provisions of this section, which were filed for recording with such county clerk and recorder.

(4) As used in this section, unless the context otherwise requires:

(a) "Modify" means to amend, terminate, remove, or cancel.

(b) "Private restrictive covenant" means any covenant, restriction, or condition included in the subdivision plat or in any recorded document, or any amendment thereto, which is based upon race or religion and which is applicable to real property located within such subdivision, but does not include any covenant, restriction, or condition imposed on such real property by any governmental entity.

(c) "Subdivision" means any parcel of land which is to be used for condominiums, apartments, or any other multiple-dwelling units or which is divided into two or more lots, parcels, or other divisions of land and for which a plat of such land has been filed for recording with the county clerk and recorder of the county in which such land is located.
C.R.S. § 38-13-1202 — CO Code / Title 38 / Article 13 / Part 12 / Section 38-13-1202
38-13-1202. Interstate and international agreement - cooperation
Status: in_force

38-13-1202. Interstate and international agreement - cooperation. (1) Subject to subsection (2) of this section, the administrator may:

(a) Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and

(b) Authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder as provided in part 10 of this article 13.

(2) An exchange or examination under subsection (1) of this section may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in part 14 of this article 13 or agrees in a record to be bound by this state's confidentiality and security requirements.
C.R.S. § 38-35-124.5 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-124.5
38-35-124.5. Effect of written payoff statement
Status: in_force

38-35-124.5. Effect of written payoff statement. (1) Any person or entity providing closing and settlement services for a real estate transaction and to whom a payoff statement is addressed shall be entitled to reasonably rely on the amounts that are set forth in such payoff statement for the time frame set forth therein and shall not be liable to the creditor or holder of the indebtedness or its agent for any omitted amounts, unless a written amendment is received by such person or entity prior to the closing of the transaction. Upon payment to the creditor or holder of the amounts stated in the written payoff statement, as may be amended, such creditor or holder shall be required to comply with the release provisions of section 38-35-124.

(2) Any creditor or holder of the indebtedness who fails to comply with the release provisions of section 38-35-124 as required by subsection (1) of this section shall be liable to those persons or entities to whom the written payoff statement was addressed for any actual economic loss suffered by such persons or entities, including reasonable attorney fees and costs in enforcing the provisions of this section.

(3) Notwithstanding the provisions of this section, in the event of an error in the written payoff statement provided by a creditor or holder of the indebtedness or its agent, the creditor shall retain any remedies, legal or equitable, to collect directly against the obligor any unsecured additional amounts determined to be outstanding.
C.R.S. § 38-10-122 — CO Code / Title 38 / Article 10 / Section 38-10-122
38-10-122. Construction of terms
Status: in_force

38-10-122. Construction of terms. "Lands", as used in this article, means lands, tenements, and hereditaments; and "estate and interest in lands" includes every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent in lands as defined in this section.
C.R.S. § 38-41-202 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-202
38-41-202. Homestead to be created automatically in certain cases - filing of statement req
Status: in_force

38-41-202. Homestead to be created automatically in certain cases - filing of statement required in other cases. (1) The homestead exemptions described in section 38-41-201 shall be deemed created and may be claimed if the occupancy requirement of section 38-41-203 and the requirement of section 38-41-205 relating to the type of property which may be homesteaded are met.

(2) (a) A homestead exemption granted under the provisions of this part 2 shall not be deemed created and may not be claimed if the debt, contract, or civil obligation which is the basis for the execution and attachment was entered into or incurred prior to July 1, 1975, unless the owner of the property (householder) records in the office of the county clerk and recorder of the county where the property is situate an instrument in writing describing such property, setting forth the nature and source of the owner's interest therein, and stating that the owner is homesteading such property, which instrument may be acknowledged as provided by law.

(b) The spouse of the owner of the property may homestead the property in the manner provided in paragraph (a) of this subsection (2) with the same effect as if the owner had done so.

(3) Subject to the provisions of subsection (4) of this section, property homesteaded solely by operation of the automatic provisions of subsection (1) of this section may be conveyed or encumbered by the owner of the property free and clear of all homestead rights, and no signature other than that of the owner shall be required. The owner of the property shall be determined without regard to the ownership of any homestead rights.

(4) If the owner of the property (householder) or the spouse of the owner records in the office of the county clerk and recorder of the county where the property is situated an instrument in writing describing the property, setting forth the name of the owner of the property and the nature and source of the owner's interest in the property, and stating that the owner or the owner's spouse is homesteading the property (which instrument may be acknowledged as provided by law), then the signature of both spouses to convey or encumber the property is required.
C.R.S. § 38-44-101 — CO Code / Title 38 / Article 44 / Section 38-44-101
38-44-101. When action may be brought
Status: in_force

38-44-101. When action may be brought. When one or more owners of land, the corners and boundaries of which are lost, destroyed, or in dispute, desire to have the same established, they may bring an action in the district court of the county where such lost, disputed, or destroyed corners or boundaries or parts thereof are situated against the owners of the other tracts which would be affected by the determination or establishment thereof, to have such corners or boundaries ascertained and permanently established. If any public road is likely to be affected thereby, the proper county shall be made a party defendant.
C.R.S. § 38-33.5-101 — CO Code / Title 38 / Article 33.5 / Section 38-33.5-101
38-33.5-101. Method of formation - purpose
Status: in_force

38-33.5-101. Method of formation - purpose. Cooperative housing corporations may be formed by any three or more adult residents of this state associating themselves to form a cooperative or nonprofit corporation, pursuant to article 55, 56, or 58 of title 7, C.R.S., or the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S. The specified purpose of the entity must be to provide each stockholder in or member of the entity with the right to occupy, for dwelling purposes, a house or an apartment in a building owned or leased by the entity.
C.R.S. § 38-12-1004 — CO Code / Title 38 / Article 12 / Part 10 / Section 38-12-1004
38-12-1004. Bed bugs - access to dwelling unit and personal belongings - notice - costs
Status: in_force

38-12-1004. Bed bugs - access to dwelling unit and personal belongings - notice - costs. (1) (a) If a landlord, qualified inspector, or pest control agent must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice of such fact at least forty-eight hours before the landlord, qualified inspector, or pest control agent attempts to enter the dwelling unit; except that a rental agreement may provide for a different minimum time for the notice. A tenant who receives such notice shall not unreasonably deny the landlord, qualified inspector, or pest control agent access to the dwelling unit.

(b) A tenant may waive the notice requirement described in subsection (1)(a) of this section.

(2) A qualified inspector who is inspecting a dwelling unit for bed bugs may conduct an initial visual and manual inspection of a tenant's bedding and upholstered furniture. The qualified inspector may inspect items other than bedding and upholstered furniture when the qualified inspector determines that such an inspection is necessary and reasonable.

(3) If a qualified inspector finds bed bugs in a dwelling unit or in any contiguous dwelling unit, the qualified inspector may have such additional access to the tenant's personal belongings as the qualified inspector determines is necessary and reasonable.

(4) A tenant shall comply with reasonable measures to permit the inspection for, and the treatment of, the presence of bed bugs as determined by the qualified inspector, and the tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and treatment requirements described in this part 10 is liable for the cost of any bed bug treatments of the dwelling unit and contiguous dwelling units if the need for such treatments arises from the tenant's noncompliance.

(5) If any furniture, clothing, equipment, or personal property belonging to a tenant is found to contain bed bugs, the qualified inspector shall advise the tenant that the furniture, clothing, equipment, or personal property should not be removed from the dwelling unit until a pest control agent determines that a bed bug treatment has been completed; except that, if the determination that any furniture, clothing, equipment, or personal property contains bed bugs is made by a qualified inspector licensed by the commissioner of agriculture pursuant to article 10 of title 35, the qualified inspector shall advise the tenant regarding the removal of the furniture, clothing, equipment, or personal property in accordance with rules promulgated by the commissioner of agriculture pursuant to said article 10. The tenant shall not dispose of personal property that was determined to contain bed bugs in any common area where such disposal may risk the infestation of other dwelling units.

(6) (a) Nothing in this section requires a landlord to provide a tenant with alternative lodging or to pay to replace a tenant's personal property.

(b) Nothing in this section preempts or restricts the application of any state or federal law concerning reasonable accommodations for persons with disabilities.
C.R.S. § 38-14-106 — CO Code / Title 38 / Article 14 / Section 38-14-106
38-14-106. Notice upon accepting loaned property
Status: in_force

38-14-106. Notice upon accepting loaned property. On and after July 1, 1988, when a museum accepts loaned property or receives written notice of a change in ownership of loaned property, the museum shall inform the lender or new lender within thirty days, in writing, of the provisions of section 38-14-103. Where notice is not given in accordance with this section, the provisions of section 38-14-103 (1)(b) shall not apply.
C.R.S. § 38-12-211 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-211
38-12-211. Selling and transfer fees prohibited - "for sale" signs permitted
Status: in_force

38-12-211. Selling and transfer fees prohibited - "for sale" signs permitted. (1) A landlord shall not require payment of any type of selling fee or transfer fee by a home owner in the park wishing to sell the home owner's mobile home to another party, a home owner wishing to remove the home owner's mobile home from the park, or any party wishing to buy a mobile home from a home owner in the park as a condition of tenancy in a park for the prospective buyer. This subsection (1) does not prohibit the landlord from charging a rental application fee that complies with section 38-12-903 if the prospective buyer is buying the mobile home in place and is applying for tenancy in the park.

(2) (a) This section does not prevent the owner of a mobile home park or the owner's agent from applying the normal park standards to prospective buyers before granting or denying tenancy or from charging a reasonable selling fee or transfer fee for services actually performed and agreed to in writing by a home owner.

(b) Nothing in this section shall be construed to affect the rent charged by a landlord to a home owner pursuant to a rental agreement.

(3) The owner of a mobile home may place a "for sale" sign on or in the owner's mobile home. The size, placement, and character of the sign is subject to reasonable rules and regulations of the mobile home park.
C.R.S. § 38-24.7-102 — CO Code / Title 38 / Article 24.7 / Section 38-24.7-102
38-24.7-102. Who may have lien - amount
Status: in_force

38-24.7-102. Who may have lien - amount. Within sixty days after the date of delivery of transportation fuel or an earlier agreed-upon payment date, every distributor has a lien upon the property of a retailer or other commercial user for the amount of unreimbursed taxes paid by the distributor under article 27 of title 39, C.R.S., for each delivery of transportation fuel to that retailer or other commercial user. The lien extends to all business assets and property of the retailer or other commercial user, including stock in trade, business fixtures, and equipment owned or used by the retailer or other commercial user in the conduct of business, as long as a delinquency in the reimbursement continues.
C.R.S. § 38-35.7-106 — CO Code / Title 38 / Article 35.7 / Section 38-35.7-106
38-35.7-106. Solar prewire option - solar consultation
Status: repealed

38-35.7-106. Solar prewire option - solar consultation. (1) (a) Every person that builds a new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to have each of the following options included in the residence's electrical system or plumbing system, or both:

(I) A residential photovoltaic solar generation system or a residential solar thermal system, or both;

(II) Upgrades of wiring or plumbing, or both, planned by the builder to accommodate future installation of such systems; and

(III) A chase or conduit, or both, constructed to allow ease of future installation of the necessary wiring or plumbing for such systems.

(b) The offer required by subsection (1)(a) of this section must be made in accordance with the builder's construction schedule for the residence.

(2) Every person that builds a new single-family detached residence for sale, whether or not the residence has been prewired for a photovoltaic solar generation system, shall provide to every buyer under contract a list of businesses in the area that offer residential solar installation services so that the buyer, if he or she so desires, can obtain expert help in assessing whether the residence is a good candidate for solar installation and how much of a cost savings a residential photovoltaic solar generation system could provide. The list of businesses shall be derived from a master list of Colorado solar installers maintained by the Colorado solar energy industries association, or a successor organization.

(3) Repealed.

(4) Providing the master list of solar installers prepared by the Colorado solar energy industries association, or a successor organization, to a buyer under contract shall not constitute an endorsement of any installer or contractor listed. A person that builds a new single-family detached residence shall not be liable for any advice, labor, or materials provided to the buyer by a third-party solar installer.

(5) Repealed.

(6) Nothing in this section shall preclude a person that builds a new single-family detached residence from:

(a) Subjecting solar photovoltaic electrical system upgrades to the same terms and conditions as other upgrades, including but not limited to charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b) Selecting the contractors that will complete the installation of solar photovoltaic electrical system upgrades;

(c) Stipulating in the purchase agreement or sales contract that solar photovoltaic electrical system upgrades are based on technology available at the time of installation and such upgrades may not support all solar photovoltaic systems or systems installed at a future date, and that the person that builds a new single-family detached residence shall not be liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate a solar photovoltaic system installed at a future date.

(7) (a) This section applies to contracts entered into on or after August 10, 2009, to purchase new single-family detached residences built on or after August 10, 2009.

(b) This section does not apply to:

(I) An unoccupied home serving as sales inventory or a model home; or

(II) A manufactured home as defined in section 24-32-3302 (20).
C.R.S. § 38-41-109 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-109
38-41-109. When in possession under color of title - unoccupied lands
Status: in_force

38-41-109. When in possession under color of title - unoccupied lands. Whenever a person having color of title, made in good faith, to vacant and unoccupied land pays all taxes legally assessed thereon for seven successive years, he shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to the purport of his paper title. All persons holding under such taxpayer, by purchase, devise, or descent, before said seven years have expired, who continue to pay the taxes as provided in this section, so as to complete the payment of taxes for the period of time provided in this section, shall be entitled to the benefit of this section. If any person, having a better paper title to said vacant and unoccupied land, shall during the said term of seven years pay the taxes assessed on said land for any one or more years during the said term of seven years, then such person seeking title under claim of taxes paid, his heirs and assigns, shall not be entitled to the benefit of this section. For the purposes of this part 1 a redemption from a sale for taxes by the party claiming under any of the limitations set forth in this section shall be considered as the equivalent of a payment of taxes.
C.R.S. § 38-10-108 — CO Code / Title 38 / Article 10 / Section 38-10-108
38-10-108. Contracts for interests in land - must be written
Status: in_force

38-10-108. Contracts for interests in land - must be written. Every contract for the leasing for a longer period than one year or for the sale of any lands or any interest in lands is void unless the contract or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party by whom the lease or sale is to be made.
C.R.S. § 38-6-104 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-104
38-6-104. Judge to set hearing - summons - service - publication
Status: in_force

38-6-104. Judge to set hearing - summons - service - publication. Upon the filing of the petition, said court shall fix a date for hearing said petition, and the attorney for the petitioner shall prepare and issue a summons, directed to the defendants, notifying them of the date fixed by the court for the hearing. Jurisdiction of said defendants shall be obtained by causing the summons to be served on the defendants in like manner as is provided by the laws of this state for the service of summons in civil actions, except as otherwise provided in this section. The date for the hearing of the petition shall not be less than ten days after the date of the service of the summons. In case any defendant does not reside in said city or city and county or is a foreign corporation or in case the attorney for the petitioner files an affidavit that he has endeavored to find such person in such city or city and county, for the purpose of causing the person to be served, and that after reasonable effort he has been unable to find said person in said city or city and county, the petitioner may cause the summons to be published for three consecutive times in any daily or weekly newspaper published in said city or city and county. The date for the hearing of said petition shall not be less than ten days after the date of the last publication of said summons.
C.R.S. § 38-29-104 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-104
38-29-104. Administration
Status: in_force

38-29-104. Administration. The director is charged with the duty of administering this part 1. For that purpose he or she is vested with the power to make such reasonable rules, prepare, prescribe, and require the use of such forms, and provide such procedures as may be reasonably necessary or essential to the efficient administration of this part 1.
C.R.S. § 38-33-108 — CO Code / Title 38 / Article 33 / Section 38-33-108
38-33-108. Violations - penalty
Status: in_force

38-33-108. Violations - penalty. Any person who knowingly and willfully violates the provisions of section 38-33-106 or 38-33-107 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.
C.R.S. § 38-23-105 — CO Code / Title 38 / Article 23 / Section 38-23-105
38-23-105. Lien may be assigned - effect
Status: in_force

38-23-105. Lien may be assigned - effect. Any party claiming a lien under the provisions of this article may assign in writing his claim and lien to any person, who shall thereafter have all the rights and remedies of the assignor.
C.R.S. § 38-22-103 — CO Code / Title 38 / Article 22 / Section 38-22-103
38-22-103. Attaching of lien - enforcement
Status: in_force

38-22-103. Attaching of lien - enforcement. (1) The liens granted by this article shall extend to and cover so much of the lands whereon such building, structure, or improvement is made as may be necessary for the convenient use and occupation of such building, structure, or improvement, and the same shall be subject to such liens. In case any such building occupies two or more lots or other subdivisions of land, such several lots or other subdivisions shall be deemed one lot for the purposes of this article, and the same rule shall hold in cases of any other such improvements that are practically indivisible, and shall attach to all machinery and other fixtures used in connection with any such lands, buildings, mills, structures, or improvements.

(2) When the lien is for work done or labor or material furnished for any entire structure, erection, or improvement, such lien shall attach to such building, erection, or improvement for or upon which the work was done, or laborers or materials furnished in preference to any prior lien or encumbrance, or mortgage upon the land upon which the same is erected or put, and any person enforcing such lien may have such building, erection, or improvement sold under execution and the purchaser at any such sale may remove the same within thirty days after such sale.

(3) Any lien provided for by this article shall extend to and embrace any additional or greater interest in any of such property acquired by such owner at any time subsequent to the making of the contract or the commencement of the work upon such structure and before the establishment of such lien by process of law, and shall extend to any assignable, transferable, or conveyable interest of such owner or reputed owner in the land upon which such building, structure, or other improvement is erected or placed.

(4) Whenever any person furnishes any laborers or materials or performs any labor, for the erection, construction, addition to, alteration, or repair of two or more buildings, structures, or other improvements, when they are built and constructed by the same person and under the same contract, it is lawful for the person so furnishing such laborers or materials or performing such labor to divide and apportion the same among the buildings, structures, or other improvements in proportion to the value of the laborers or materials furnished for and the labor performed upon or for each of said buildings, structures, or other improvements and to file with his or her lien claim therefor a statement of the amount so apportioned to each building, structure, or other improvement. This lien claim when so filed may be enforced under the provisions of this article in the same manner as if said laborers or materials had been furnished and labor performed for each of said buildings, structures, or other improvements separately; but if the cost or value of such labor, laborers, or materials cannot be readily and definitely divided and apportioned among the several buildings, structures, or other improvements, then one lien claim may be made, established, and enforced against all such buildings, structures, or other improvements, together with the ground upon which the same may be situated, and in such case for the purposes of this article, all such buildings, structures, and improvements shall be deemed one building, structure, or improvement, and the land on which the same are situated as one tract of land.
C.R.S. § 38-13-1405 — CO Code / Title 38 / Article 13 / Part 14 / Section 38-13-1405
38-13-1405. No confidential information in notice
Status: in_force

38-13-1405. No confidential information in notice. Except as otherwise provided in sections 38-13-501 and 38-13-502, a holder is not required under this article 13 to include confidential information in a notice the holder is required to provide to an apparent owner under this article 13.
C.R.S. § 38-29-128 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-128
38-29-128. Filing of mortgage
Status: in_force

38-29-128. Filing of mortgage. The holder of any mortgage on a manufactured home desiring to secure to himself the rights provided for in this article and to have the existence of the mortgage and the fact of the filing thereof for public record noted on the certificate of title to the manufactured home thereby encumbered shall present said mortgage or a duly executed copy or certified copy thereof and the certificate of title to the manufactured home encumbered to the authorized agent of the director in the county or city and county in which the manufactured home is located. Upon the receipt of said mortgage or executed copy or certified copy thereof and certificate of title, the authorized agent, if he is satisfied that the manufactured home described in the mortgage is the same as that described in the certificate of title, shall make and subscribe a certificate to be attached or stamped on the mortgage and on the certificate of title, in which shall appear the day and hour on which said mortgage was received for filing, the name and address of the mortgagee therein named and the name and address of the holder of such mortgage, if such person is other than the mortgagee named, the amount secured thereby, the date thereof, the day and year on which said mortgage was filed for public record, and such other information regarding the filing thereof in the office of the authorized agent as may be required by the director by rule, to which certificate the authorized agent shall affix his signature and the seal of his office.
C.R.S. § 38-33.3-209.6 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-209.6
38-33.3-209.6. Executive board member education
Status: in_force

38-33.3-209.6. Executive board member education. The board may authorize, and account for as a common expense, reimbursement of board members for their actual and necessary expenses incurred in attending educational meetings and seminars on responsible governance of unit owners' associations. The course content of such educational meetings and seminars shall be specific to Colorado, and shall make reference to applicable sections of this article.
C.R.S. § 38-36-148 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-148
38-36-148. Registered land may be conveyed or encumbered
Status: in_force

38-36-148. Registered land may be conveyed or encumbered. The owner of registered land may convey, mortgage, lease, charge, or otherwise encumber, dispose of, or deal with the same as fully as if it had not been registered. He may use forms of deeds, trust deeds, mortgages, and leases or voluntary instruments like those now in use and sufficient in law for the purpose intended. But no voluntary instrument of conveyance, except a will and a lease for a term not exceeding three years, purporting to convey or affect registered land, shall take effect as a conveyance or bind the land but shall operate only as a contract between the parties and as evidence of the authority to the registrar of titles to make registration. The act of registration shall be the operative act to convey or affect the land.
C.R.S. § 38-36.5-104 — CO Code / Title 38 / Article 36.5 / Section 38-36.5-104
38-36.5-104. Amendment by association of owners
Status: in_force

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.