C.R.S. § 38-12-503 — CO Code / Title 38 / Article 12 / Part 5 / Section 38-12-503
38-12-503. Warranty of habitability - notice - landlord obligations
Status: in_force

38-12-503. Warranty of habitability - notice - landlord obligations. (1) In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation at the inception of the tenant's occupancy and that the landlord will maintain the residential premises as fit for human habitation throughout the entire period that the tenant lawfully occupies the residential premises or dwelling unit.

(2) A landlord breaches the warranty of habitability set forth in subsection (1) of this section if:

(a) A residential premises is:

(I) Uninhabitable as described in section 38-12-505; or

(II) In a condition that materially interferes with the tenant's life, health, or safety; and

(b) The landlord has notice, as described in subsection (3)(e) of this section, of the condition described in subsection (2)(a) of this section and:

(I) Has failed to commence remedial action in accordance with subsection (4) of this section within the following period after having notice:

(A) Twenty-four hours, where the condition materially interferes with the tenant's life, health, or safety; or

(B) Seventy-two hours, where the residential premises are uninhabitable as described in section 38-12-505 or otherwise;

(II) Has commenced remedial action, in accordance with subsection (4) of this section, within the period described in subsection (2)(b)(I) of this section, but failed to continue performing the remedial action as needed until the condition was remedied or repaired;

(III) Has failed to completely remedy or repair the condition within a reasonable time after commencing remedial action;

(IV) Has failed to comply with subsection (8) of this section concerning a residential premises that has been damaged due to an environmental public health event; or

(V) Leases a residential premises to a tenant and the residential premises is in an uninhabitable condition at the inception of the tenant's occupancy.

(3) (a) There is a rebuttable presumption that a landlord has failed to commence remedial action, continue performing remedial action, or completely remedy or repair a condition that renders the residential premises uninhabitable within a reasonable time if the tenant establishes that the residential premises is uninhabitable, as described in subsection (2)(a) of this section, the tenant establishes that the landlord has notice of the uninhabitable condition, as described in subsection (3)(e) of this section, and:

(I) The landlord has failed to communicate with the tenant after having notice of a condition within the time frame required under subsection (6) of this section; or

(II) The condition continues to exist:

(A) Fourteen calendar days after the landlord received notice of the condition, where the residential premises are uninhabitable as described in section 38-12-505 or otherwise; or

(B) Seven calendar days after the landlord received notice of the condition, where the condition materially interferes with the tenant's life, health, or safety.

(b) (I) A landlord may rebut the presumption described in subsection (3)(a) of this section by establishing, by a preponderance of the evidence, that:

(A) The landlord commenced and continued performing remedial action but the condition could not be completely remedied or repaired due to circumstances outside the landlord's reasonable control;

(B) Remedial action would require entry to the tenant's dwelling unit and the tenant unreasonably denied the landlord entry to the dwelling unit; or

(C) The tenant engaged in conduct that unreasonably delayed or otherwise prevented the landlord from commencing remedial action within the time period described in subsection (2)(b)(I) of this section, from continuing to perform remedial action, or from completely remedying or repairing the condition within a reasonable time.

(II) A tenant otherwise has the burden of proof to establish a breach of the warranty of habitability.

(c) Notwithstanding the circumstances described in subsection (3)(b)(I) of this section, a landlord must reasonably continue to make efforts to commence or continue performing remedial action to remedy or repair a condition that renders the tenant's residential premises uninhabitable and for which the landlord has notice. These efforts to commence or continue performing remedial action shall include prompt correspondence and good faith cooperation with the tenant and may require prompt correspondence and good faith cooperation with maintenance staff, third-party contractors, a government official, or any other person whose involvement is necessary to remedy or repair the condition.

(d) If a tenant denies entry to the dwelling unit and entry to the dwelling unit is necessary to commence or continue performing remedial action, the presumptive time periods described in subsection (3)(a)(II) of this section are tolled until the date that the tenant proposes as a reasonable alternative date and time for entry or another date and time that the landlord proposes and to which the tenant agrees in accordance with subsection (6)(b) of this section.

(e) A landlord has notice of a condition described in subsection (2)(a) of this section if there is any writing that provides a basis for the landlord to substantially know that the condition exists or may exist, including:

(I) Written notice from a governmental entity regarding the condition;

(II) Written notice from a third party regarding the condition;

(III) Written notice from a tenant concerning a condition that may affect multiple tenants;

(IV) A tenant's written correspondence with maintenance staff or a maintenance service provided by the landlord, including a maintenance service provided by a third party;

(V) Written observations or written reports that the landlord has obtained personally, directly, or indirectly; or

(VI) Written notice from the tenant regarding the condition, which notice is sent in a manner that the landlord typically uses to communicate with the tenant.

(f) (I) Any notice provided by a tenant is sufficient if the notice is provided to the landlord in a manner that is required or permitted by the rental agreement or by any property rules or regulations pertaining to the tenancy or residential premises.

(II) A rental agreement or property rule or regulation pertaining to a tenancy or residential premises that states that a tenant may or must give notice of an uninhabitable condition to the landlord verbally waives the landlord's right to receive written notice under subsection (3)(e) of this section.

(4) (a) (I) Upon having notice of a condition described in subsection (2)(a) of this section, a landlord shall commence remedial action within the time period described in subsection (2)(b) of this section unless the circumstances described in subsection (3)(b)(I) of this section prevented the landlord from commencing remedial action.

(II) If the condition materially interferes with the tenant's life, health, or safety or is a condition described in section 38-12-505 (4)(l), remedial action must include a landlord providing the tenant, at the request of the tenant and within twenty-four hours after the tenant's request:

(A) A comparable dwelling unit, as selected by the landlord, at no cost to the tenant; or

(B) A hotel room, as selected by the landlord, at no cost to the tenant.

(b) (I) A comparable dwelling unit or hotel room must include at least the same number of beds as there are beds used in a tenant's dwelling unit.

(II) If a tenant requires a comparable dwelling unit or hotel room for more than forty-eight hours:

(A) The comparable dwelling unit or hotel room must include a refrigerator with a freezer and a range stove or oven; or

(B) The landlord must provide a per diem for daily meals and incidentals for each tenant in an amount that is at least equal to the Colorado state employee per diem for intrastate travel as established by the department of personnel. The landlord must provide the per diem to the tenant at the time the landlord reasonably expects the tenant to be in a comparable dwelling unit or hotel room for more than forty-eight hours and for every twenty-four-hour period thereafter.

(III) (A) A comparable dwelling unit or hotel room must be habitable, accessible to an individual with disabilities if the tenant has a disability, and located within five miles of the tenant's dwelling unit, unless the tenant consents at the time of the request or after the request to a comparable dwelling unit or hotel room that is further than five miles from the tenant's dwelling unit.

(B) The landlord may select a comparable dwelling unit or hotel room that is further than five miles but less than ten miles from the tenant's dwelling unit if the comparable dwelling unit or hotel room that is further away from the tenant's dwelling unit is substantially less expensive than other options that are available within five miles of the tenant's dwelling unit.

(C) If a comparable dwelling unit or hotel room within five or ten miles of the tenant's dwelling unit is not available for the tenant's use in accordance with subsections (4)(b)(III)(A) and (4)(b)(III)(B) of this section, the landlord must select the nearest available comparable dwelling unit or hotel room.

(IV) If a tenant is relocated pursuant to subsection (4)(a) of this section, a landlord is required to pay for only the following expenses that arise from relocating the tenant:

(A) A per diem allowance pursuant to subsection (4)(b)(II)(B) of this section; and

(B) Reasonable costs that are incurred due to the tenant's relocation, including storage and transportation costs.

(V) A relocated tenant remains responsible for any portion of the rent payment owed under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following remediation.

(c) If a tenant is provided a hotel room due to a condition described in subsection (4)(a)(II) of this section and the condition cannot be remedied or repaired within sixty consecutive days due to circumstances outside the landlord's reasonable control, the landlord is required to provide the hotel room to the tenant for only up to sixty consecutive days. The landlord is relieved of the landlord's obligation to provide hotel accommodations to the tenant if the landlord:

(I) Determines that the condition at the residential premises cannot be remedied or repaired within sixty consecutive days due to circumstances outside the landlord's reasonable control;

(II) Provides the tenant, at the earliest opportunity, written notice that specifies:

(A) That the uninhabitable condition at the residential premises cannot be remedied or repaired to a condition that no longer materially interferes with a tenant's life, health, or safety within sixty consecutive days from the start of the tenant's hotel stay;

(B) The date that the tenant's hotel accommodations will no longer be provided to the tenant at the landlord's expense, which date must be no earlier than sixty consecutive days after the start of the tenant's hotel stay at the landlord's expense; and

(C) That the tenant may terminate their rental agreement with no liability or financial penalty to the tenant; and

(III) Returns to the tenant the tenant's full security deposit on or before the date that the landlord provides the tenant notice in accordance with subsection (4)(c)(II) of this section.

(5) (a) A landlord shall maintain accurate and complete records of all written notices and correspondence, as described in subsection (3)(e) of this section, and all documentation relevant to any uninhabitable condition or remedial action taken to remedy or repair a condition that renders a tenant's dwelling unit uninhabitable.

(b) A landlord must maintain the records described in subsection (5)(a) of this section for the entire period of the tenant's occupancy of the dwelling unit and for at least three years thereafter.

(c) A landlord shall provide to a tenant, upon request by the tenant, any record, notice, correspondence, or other documentation related to a condition or remedial action within ten calendar days after the tenant's request.

(6) (a) A landlord that has notice of a condition described in subsection (2)(a) of this section shall:

(I) Contact the tenant not more than twenty-four hours after receiving the notice; except that a landlord may take up to seventy-two hours to contact the tenant after the landlord has notice that the residential premises is inaccessible because of an environmental public health event. The communication must indicate the landlord's intentions to remedy or repair the condition, including an estimate of when the remedial action will commence and when it will be completed.

(II) Inform the tenant of the landlord's responsibilities under subsection (4) of this section, including the landlord's obligation to provide the tenant a comparable dwelling unit or hotel room at no cost to the tenant; and

(III) Provide the tenant with written notice at least twenty-four hours in advance of entry to the dwelling unit if entry to the dwelling unit is necessary to commence or maintain remedial action; except that the landlord is not required to provide advance notice when the condition materially and imminently threatens an individual's life, health, or safety or when the condition poses an active and ongoing threat of causing, and, without immediate remediation, would cause, substantial and material damage to the residential premises.

(b) (I) A landlord shall provide the date and time the landlord intends to enter a tenant's dwelling unit and a reasonable estimate of the duration the landlord, or any other party acting on behalf of the landlord, will need to be in the tenant's dwelling unit.

(II) Except as provided in subsection (6)(a)(III) of this section, a tenant may reasonably deny entry to the dwelling unit at the date and time the landlord requests entry. The landlord must then propose and the tenant may accept or propose a reasonable alternative date and time for the landlord to enter the tenant's dwelling unit.

(III) A tenant may permit the landlord to enter the dwelling unit with less than twenty-four hours advance notice.

(7) A landlord that has notice of a condition, as described in subsection (2)(a) of this section, at the tenant's dwelling unit or the residential premises is responsible for remedying and repairing the dwelling unit or residential premises to a habitable standard at the landlord's expense, except as described in subsection (9) of this section.

(8) (a) A landlord that has notice of a condition, as described in subsection (2)(a) of this section, at a residential premises that has been damaged due to an environmental public health event shall comply with the standards described in section 38-12-505 (1)(b)(XIII) within a reasonable amount of time given the condition of the premises and at the landlord's expense.

(b) Once a governmental entity, government official, law enforcement officer, or public safety officer deems a tenant's dwelling unit safe for reentry after an environmental public health event, the landlord must grant the tenant or tenant's representative access to the dwelling unit for the purposes of retrieving the tenant's personal property, even if the residential premises that includes the tenant's dwelling unit is considered uninhabitable under this section.

(c) A landlord that has remedied or repaired a residential premises to a habitable standard following an environmental public health event shall provide the tenant with documentation that demonstrates compliance with the standards described in section 38-12-505 (1)(b)(XIII).

(d) A landlord's submission of an insurance claim for an uninhabitable or a contaminated residential premises after the landlord has notice of a condition that renders the residential premises uninhabitable after an environmental public health event is not considered evidence of remediation.

(9) When a condition described in subsection (2)(a) of this section is substantially caused by the misconduct of the tenant, a member of the tenant's household, a guest or an invitee of the tenant, or a person under the tenant's direction or control, the condition does not constitute a basis for a breach of the warranty of habitability under subsection (2) of this section. It is not misconduct under this subsection (9) by a victim of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking if the condition is the result of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking and the landlord has notice at any time of the domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking, as described in section 38-12-402 (2)(a).

(10) Except as set forth in this part 5, any agreement waiving or modifying any right, remedy, obligation, or prohibition provided in this part 5 is void as contrary to public policy.

(11) A landlord may terminate a rental agreement, if permitted by the rental agreement and without further liability to the landlord or tenant, if the residential premises is damaged as a result of a sudden environmental public health event or an action taken by a governmental authority that renders continued occupancy of the residential premises impossible or unlawful and:

(a) The landlord was not already in breach of the warranty of habitability prior to the sudden environmental public health event or government action;

(b) It would be impracticable for the landlord to remedy or repair the residential premises into compliance with the warranty of habitability due to the sudden environmental public health event or government action;

(c) The landlord gives a minimum of thirty days' written notice to the tenant concerning the termination of the rental agreement due to the sudden environmental public health event or government action and complies with all landlord obligations under this part 5 through the date of termination;

(d) The landlord grants the tenant or tenant's representative access to the tenant's dwelling unit for the purpose of retrieving the tenant's personal property prior to the termination of the rental agreement; except that, if it is unsafe to enter the dwelling unit prior to termination of the rental agreement, the landlord shall agree in a signed writing to grant the tenant or tenant's representative access to the dwelling unit to retrieve personal property at the earliest possible time that it is safe to do so;

(e) Notwithstanding section 38-12-103, the landlord returns the tenant's security deposit prior to or on the date of the termination of the rental agreement; and

(f) The landlord provides a prorated discount or refund for any portion of rent paid during the time that the dwelling unit is uninhabitable and for which a comparable dwelling unit or hotel room was not provided to the tenant.

(12) (a) Unless the circumstances described in subsection (3)(b)(I) of this section prevented a landlord from commencing remedial action, the landlord shall commence remedial action within the period described in subsection (2)(b) of this section upon having notice of:

(I) Mold associated with dampness in a dwelling unit; or

(II) Any other condition causing the residential premises to be damp, which condition, if unremedied or unrepaired, could create mold or would materially interfere with the life, health, or safety of a tenant.

(b) The remedial action required pursuant to subsection (12)(a) of this section must include performing all of the following applicable tasks within a reasonable amount of time:

(I) Mitigating immediate risk from mold by installing a containment, stopping active sources of water contributing to the mold, installing a high-efficiency particulate air filtration device to reduce a tenant's exposure to mold, and performing all of these tasks within seventy-two hours after receiving notice of the condition;

(II) Maintaining the containment described in subsection (12)(b)(I) of this section throughout the remediation and repair process;

(III) Establishing any additional protections for workers and occupants that may be appropriate given the condition;

(IV) Eliminating or limiting moisture sources and drying all materials impacted by the mold or dampness;

(V) Decontaminating or removing materials damaged by mold or dampness;

(VI) Evaluating whether the residential premises has been successfully remediated, including post-remediation testing for the existence of mold; and

(VII) Reassembling the residential premises to control sources of moisture to prevent or limit the recurrence of mold or dampness.

(c) If the condition described in subsection (12)(a) of this section would interfere with the tenant's life, health, or safety, the landlord must provide, at the request of the tenant, a comparable dwelling unit or hotel room in accordance with subsection (4) of this section.

(13) (a) A landlord shall not require a tenant to submit an insurance claim with the tenant's rental insurance carrier to cover a cost or expense related to remedial action that the landlord is responsible for paying under this part 5.

(b) A landlord is prohibited from filing a claim with a tenant's rental insurance carrier to cover a cost or expense related to remedial action that the landlord is responsible for paying under this part 5 without express written permission from the tenant provided at the time the claim is submitted.

(14) A landlord shall hire a professional, as defined in section 38-12-104 (3), to remedy or repair a hazardous condition related to gas piping, gas facilities, gas appliances, or other gas equipment at a residential premises.
C.R.S. § 38-12-202.5 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-202.5
38-12-202.5. Action for termination
Status: in_force

38-12-202.5. Action for termination. (1) The action for termination shall be commenced in the manner described in section 13-40-110, C.R.S. The property description shall be deemed legally sufficient and within the meaning of section 13-40-110, C.R.S., if it states:

(a) The name of the landlord or the mobile home park;

(b) The mailing address of the property;

(c) The location or space number upon which the mobile home is situate; and

(d) The county in which the mobile home is situate.

(2) Service of summons shall be as specified in section 13-40-112, C.R.S. Service by posting shall be deemed legally sufficient within the meaning of section 13-40-112, C.R.S., if the summons is affixed to the main entrance of the mobile home.

(3) Jurisdiction of courts in cases of forcible entry, forcible detainer, or unlawful detainer shall be as specified in section 13-40-109, C.R.S. Trial on the issue of possession shall be timely as specified in section 13-40-114, C.R.S., with no delay allowed for the determination of other issues or claims which may be severed at the discretion of the trial court.

(4) After commencement of the action and before judgment, any person not already a party to the action who is discovered to have a property interest in the mobile home shall be allowed to enter into a stipulation with the landlord and be bound thereby.

(5) The provisions of section 13-40-110.5 concerning suppression of court records apply to an action for termination.
C.R.S. § 38-13-202 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-202
38-13-202. When tax-deferred retirement account presumed abandoned
Status: in_force

38-13-202. When tax-deferred retirement account presumed abandoned. (1) Subject to section 38-13-210, property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after the later of:

(a) The following dates:

(I) Except as otherwise provided in subsection (1)(b)(II) of this section, the date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service; or

(II) If the second communication is sent later than thirty days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or

(b) The earlier of the following dates:

(I) The date the apparent owner becomes seventy and one-half years of age, if reasonably determinable by the holder; or

(II) If the federal "Internal Revenue Code of 1986", as amended, 26 U.S.C. sec. 1 et seq., requires distribution to avoid a tax penalty, two years after the date the holder:

(A) Receives confirmation of the death of the apparent owner in the ordinary course of its business; or

(B) Confirms the death of the apparent owner under subsection (2) of this section.

(2) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subsection (1)(b) of this section applies, the holder shall attempt not later than ninety days after receipt of the notice or indication to confirm whether the apparent owner is deceased.

(3) If the holder does not send communications to the apparent owner of an account described in subsection (1) of this section by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the property by sending the apparent owner an electronic-mail communication not later than two years after the apparent owner's last indication of interest in the property; except that the holder promptly shall attempt to contact the apparent owner by first-class United States mail if:

(a) The holder does not have information needed to send the apparent owner an electronic-mail communication or the holder believes that the apparent owner's electronic-mail address in the holder's records is not valid;

(b) The holder receives notification that the electronic-mail communication was not received; or

(c) The apparent owner does not respond to the electronic-mail communication not later than thirty days after the communication was sent.

(4) If first-class United States mail sent under subsection (3) of this section is returned to the holder undelivered by the United States postal service, the property is presumed abandoned three years after the later of:

(a) Except as otherwise provided in subsection (4)(b) of this section, the date a second consecutive communication to contact the apparent owner sent by first-class United States mail is returned to the holder undelivered;

(b) If the second communication is sent later than thirty days after the date the first communication is returned undelivered, the date the first communication was returned undelivered; or

(c) The date established by subsection (1)(b) of this section.
C.R.S. § 38-33.3-217 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-217
38-33.3-217. Amendment of declaration
Status: in_force

38-33.3-217. Amendment of declaration. (1) (a) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), the declaration, including the plats and maps, may be amended only by the affirmative vote or agreement of unit owners of units to which more than fifty percent of the votes in the association are allocated or any larger percentage, not to exceed sixty-seven percent, that the declaration specifies. Any provision in the declaration that purports to specify a percentage larger than sixty-seven percent is hereby declared void as contrary to public policy, and until amended, such provision shall be deemed to specify a percentage of sixty-seven percent. The declaration may specify a smaller percentage than a simple majority only if all of the units are restricted exclusively to nonresidential use. Nothing in this paragraph (a) shall be construed to prohibit the association from seeking a court order, in accordance with subsection (7) of this section, to reduce the required percentage to less than sixty-seven percent.

(II) If the declaration provides for an initial period of applicability to be followed by automatic extension periods, the declaration may be amended at any time in accordance with subparagraph (I) of this paragraph (a).

(III) This paragraph (a) shall not apply:

(A) To the extent that its application is limited by subsection (4) of this section;

(B) To amendments executed by a declarant under section 38-33.3-205 (4) and (5), 38-33.3-208 (3), 38-33.3-209 (6), 38-33.3-210, or 38-33.3-222;

(C) To amendments executed by an association under section 38-33.3-107, 38-33.3-206 (4), 38-33.3-208 (2), 38-33.3-212, 38-33.3-213, or 38-33.3-218 (11) and (12);

(D) To amendments executed by the district court for any county that includes all or any portion of a common interest community under subsection (7) of this section; or

(E) To amendments that affect phased communities or declarant-controlled communities.

(b) (I) If the declaration requires first mortgagees to approve or consent to amendments, but does not set forth a procedure for registration or notification of first mortgagees, the association may:

(A) Send a dated, written notice and a copy of any proposed amendment by certified mail to each first mortgagee at its most recent address as shown on the recorded deed of trust or recorded assignment thereof; and

(B) Cause the dated notice, together with information on how to obtain a copy of the proposed amendment, to be printed in full at least twice, on separate occasions at least one week apart, in a newspaper of general circulation in the county in which the common interest community is located.

(II) A first mortgagee that does not deliver to the association a negative response within sixty days after the date of the notice specified in subparagraph (I) of this paragraph (b) shall be deemed to have approved the proposed amendment.

(III) The notification procedure set forth in this paragraph (b) is not mandatory. If the consent of first mortgagees is obtained without resort to this paragraph (b), and otherwise in accordance with the declaration, the notice to first mortgagees shall be considered sufficient.

(2) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.

(3) Any amendment to a declaration that adds real estate to a common interest community must be executed by or with the express written authorization of the owner or owners of the real estate to be added, as shown by the records of the county clerk and recorder's office of the county where the real estate is located. Every amendment to the declaration must be recorded in every county in which any portion of the common interest community is located and is effective only upon recordation. An amendment must be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of each person executing the amendment.

(4) (a) Except to the extent expressly permitted or required by other provisions of this article, no amendment may create or increase special declarant rights, increase the number of units, or change the boundaries of any unit or the allocated interests of a unit in the absence of a vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association, including sixty-seven percent of the votes allocated to units not owned by a declarant, are allocated or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.

(b) The sixty-seven-percent maximum percentage stated in paragraph (a) of subsection (1) of this section shall not apply to any common interest community in which one unit owner, by virtue of the declaration, bylaws, or other governing documents of the association, is allocated sixty-seven percent or more of the votes in the association.

(4.5) Except to the extent expressly permitted or required by other provisions of this article, no amendment may change the uses to which any unit is restricted in the absence of a vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.

(5) Amendments to the declaration required by this article to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

(6) All expenses associated with preparing and recording an amendment to the declaration shall be the sole responsibility of:

(a) In the case of an amendment pursuant to sections 38-33.3-208 (2), 38-33.3-212, and 38-33.3-213, the unit owners desiring the amendment; and

(b) In the case of an amendment pursuant to section 38-33.3-208 (3), 38-33.3-209 (6), or 38-33.3-210, the declarant; and

(c) In all other cases, the association.

(7) (a) The association, acting through its executive board pursuant to section 38-33.3-303 (1), may petition the district court for any county that includes all or any portion of the common interest community for an order amending the declaration of the common interest community if:

(I) The association has twice sent notice of the proposed amendment to all unit owners that are entitled by the declaration to vote on the proposed amendment or are required for approval of the proposed amendment by any means allowed pursuant to the provisions regarding notice to members in sections 7-121-402 and 7-127-104, C.R.S., of the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S.;

(II) The association has discussed the proposed amendment during at least one meeting of the association; and

(III) Unit owners of units to which are allocated more than fifty percent of the number of consents, approvals, or votes of the association that would be required to adopt the proposed amendment pursuant to the declaration have voted in favor of the proposed amendment.

(b) A petition filed pursuant to paragraph (a) of this subsection (7) shall include:

(I) A summary of:

(A) The procedures and requirements for amending the declaration that are set forth in the declaration;

(B) The proposed amendment to the declaration;

(C) The effect of and reason for the proposed amendment, including a statement of the circumstances that make the amendment necessary or advisable;

(D) The results of any vote taken with respect to the proposed amendment; and

(E) Any other matters that the association believes will be useful to the court in deciding whether to grant the petition; and

(II) As exhibits, copies of:

(A) The declaration as originally recorded and any recorded amendments to the declaration;

(B) The text of the proposed amendment;

(C) Copies of any notices sent pursuant to subparagraph (I) of paragraph (a) of this subsection (7); and

(D) Any other documents that the association believes will be useful to the court in deciding whether to grant the petition.

(c) Within three days of the filing of the petition, the district court shall set a date for hearing the petition. Unless the court finds that an emergency requires an immediate hearing, the hearing shall be held no earlier than forty-five days and no later than sixty days after the date the association filed the petition.

(d) No later than ten days after the date for hearing a petition is set pursuant to paragraph (c) of this subsection (7), the association shall:

(I) Send notice of the petition by any written means allowed pursuant to the provisions regarding notice to members in sections 7-121-402 and 7-127-104, C.R.S., of the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., to any unit owner, by first-class mail, postage prepaid or by hand delivery to any declarant, and by first-class mail, postage prepaid, to any lender that holds a security interest in one or more units and is entitled by the declaration or any underwriting guidelines or requirements of that lender or of the federal national mortgage association, the federal home loan mortgage corporation, the federal housing administration, the veterans administration, or the government national mortgage corporation to vote on the proposed amendment. The notice shall include:

(A) A copy of the petition which need not include the exhibits attached to the original petition filed with the district court;

(B) The date the district court will hear the petition; and

(C) A statement that the court may grant the petition and order the proposed amendment to the declaration unless any declarant entitled by the declaration to vote on the proposed amendment, the federal housing administration, the veterans administration, more than thirty-three percent of the unit owners entitled by the declaration to vote on the proposed amendment, or more than thirty-three percent of the lenders that hold a security interest in one or more units and are entitled by the declaration to vote on the proposed amendment file written objections to the proposed amendment with the court prior to the hearing;

(II) File with the district court:

(A) A list of the names and mailing addresses of declarants, unit owners, and lenders that hold a security interest in one or more units and that are entitled by the declaration to vote on the proposed amendment; and

(B) A copy of the notice required by subparagraph (I) of this paragraph (d).

(e) The district court shall grant the petition after hearing if it finds that:

(I) The association has complied with all requirements of this subsection (7);

(II) No more than thirty-three percent of the unit owners entitled by the declaration to vote on the proposed amendment have filed written objections to the proposed amendment with the court prior to the hearing;

(III) Neither the federal housing administration nor the veterans administration is entitled to approve the proposed amendment, or if so entitled has not filed written objections to the proposed amendment with the court prior to the hearing;

(IV) Either the proposed amendment does not eliminate any rights or privileges designated in the declaration as belonging to a declarant or no declarant has filed written objections to the proposed amendment with the court prior to the hearing;

(V) Either the proposed amendment does not eliminate any rights or privileges designated in the declaration as belonging to any lenders that hold security interests in one or more units and that are entitled by the declaration to vote on the proposed amendment or no more than thirty-three percent of such lenders have filed written objections to the proposed amendment with the court prior to the hearing; and

(VI) The proposed amendment would neither terminate the declaration nor change the allocated interests of the unit owners as specified in the declaration, except as allowed pursuant to section 38-33.3-315.

(f) Upon granting a petition, the court shall enter an order approving the proposed amendment and requiring the association to record the amendment in each county that includes all or any portion of the common interest community. Once recorded, the amendment shall have the same legal effect as if it were adopted pursuant to any requirements set forth in the declaration.
C.R.S. § 38-32-103 — CO Code / Title 38 / Article 32 / Section 38-32-103
38-32-103. Rights, incidents, and duties
Status: in_force

38-32-103. Rights, incidents, and duties. All of the rights, privileges, incidents, powers, remedies, burdens, duties, liabilities, and restrictions pertaining to estates, rights, and interests in land shall appertain and be applicable to such estates, rights, and interests in areas above the surface of the ground.
C.R.S. § 38-37-113 — CO Code / Title 38 / Article 37 / Section 38-37-113
38-37-113. Checking account - custodial funds
Status: in_force

38-37-113. Checking account - custodial funds. (1) In the performance of his or her duties under this article and article 38 of this title, the public trustee of each county shall have the authority to establish and manage one or more of the following accounts: An automated clearing house account, checking account, escrow account, custodial account, similar banking services, or similar overnight depository account with a bank or savings and loan association that is an eligible public depository under the "Public Deposit Protection Act", article 10.5 of title 11, C.R.S., or the "Savings and Loan Association Public Deposit Protection Act", article 47 of title 11, C.R.S. A public trustee may also participate in local government investment pool trust funds as described in part 7 of article 75 of title 24, C.R.S., and invest public funds in eligible money market mutual funds described in part 6 of article 75 of title 24, C.R.S.

(2) Other than fees and costs, which shall be governed by section 38-37-104, all moneys received by a public trustee for the purposes of a cure, a bid, excess proceeds, or a redemption under article 38 of this title shall be held as custodial funds for the party entitled to receive such moneys. Any moneys that a holder of an evidence of debt is entitled to receive may be transmitted electronically to the attorney for the holder in the manner set forth in a memorandum of understanding between the attorney for the holder and the public trustee. All electronic transmission fees and costs between the office of the public trustee and the attorney for the holder shall be an additional fee and cost of the foreclosure.

(3) Nothing in this section shall lessen or otherwise modify the immunities and protections extended by law to public trustees and any governmental entity with which public trustees are associated. No contractual relationship shall be deemed to exist between a public trustee and a party entitled to receive moneys as described under subsection (2) of this section.
C.R.S. § 38-36-141 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-141
38-36-141. Two or more owners
Status: in_force

38-36-141. Two or more owners. Where two or more persons are registered owners as tenants in common or otherwise, the owner's duplicate certificate can be issued for the entirety, or a separate duplicate owner's certificate may be issued to each owner for his undivided share.
C.R.S. § 38-13-404 — CO Code / Title 38 / Article 13 / Part 4 / Section 38-13-404
38-13-404. Retention of records by holder
Status: in_force

38-13-404. Retention of records by holder. (1) A holder required to file a report under section 38-13-401 shall retain records for ten years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is provided by rule of the administrator. A holder may satisfy the requirement to retain records under this section through an agent. The records must contain:

(a) The information required to be included in the report;

(b) The date, place, and nature of the circumstances that gave rise to the property right;

(c) The amount or value of the property;

(d) The last address of the apparent owner, if known to the holder; and

(e) If the holder sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments, other than third-party bank checks, on which the holder is directly liable, a record of the instruments while they remain outstanding indicating the state and date of issue.
C.R.S. § 38-36-122 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-122
38-36-122. Clerk to mail copy of summons and other notices
Status: in_force

38-36-122. Clerk to mail copy of summons and other notices. The clerk of the court shall also, on or before twenty days after the first publication, send a copy thereof by mail to such defendants who are not residents of the state whose place of address is known or stated in the application and whose appearance is not entered and who are not in person served with the summons. The certificate of the clerk that he has sent such notice in pursuance of this section shall be conclusive evidence thereof. Other or further notice of the application for registration may be given in such manner and to such persons as the court or any judge thereof may direct. The summons shall be served at the expense of the applicant, and proof of the service thereof shall be made as proof of service is now made in other civil actions.
C.R.S. § 38-33.3-116.3 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-116.3
38-33.3-116.3. Large planned communities - exemption from certain requirements
Status: in_force

38-33.3-116.3. Large planned communities - exemption from certain requirements. (1) A planned community shall be exempt from the provisions of this article as specified in subsection (3) of this section or as specifically exempted in any other provision of this article, if, at the time of recording the affidavit required pursuant to subsection (2) of this section, the real estate upon which the planned community is created meets both of the following requirements:

(a) It consists of at least two hundred acres;

(b) It is approved for development of at least five hundred residential units, excluding any interval estates, time-share estates, or time-span estates but including any interval units created pursuant to sections 38-33-110 and 38-33-111, and at least twenty thousand square feet of commercial use.

(c) (Deleted by amendment, L. 95, p. 236, § 2, effective July 1, 1995.)

(2) For an exemption authorized in subsection (1) of this section to apply, the property must be zoned within each county in which any part of such parcel is located, and the owner of the parcel shall record with the county clerk and recorder of each county in which any part of such parcel is located an affidavit setting forth the following:

(a) The legal description of such parcel of land;

(b) A statement that the party signing the affidavit is the owner of the parcel in its entirety in fee simple, excluding mineral interests;

(c) The acreage of the parcel;

(d) The zoning classification of the parcel, with a certified copy of applicable zoning regulations attached; and

(e) A statement that neither the owner nor any officer, director, shareholder, partner, or other entity having more than a ten-percent equity interest in the owner has been convicted of a felony within the last ten years.

(3) A large planned community for which an affidavit has been filed pursuant to subsection (2) of this section shall be exempt from the following provisions of this article:

(a) Section 38-33.3-205 (1)(e) to (1)(m);

(b) Section 38-33.3-207 (3);

(c) Section 38-33.3-208;

(d) Section 38-33.3-209 (2)(b) to (2)(d), (2)(f), (2)(g), (4), and (6);

(e) Section 38-33.3-210;

(f) Section 38-33.3-212;

(g) Section 38-33.3-213;

(h) Section 38-33.3-215;

(i) Section 38-33.3-217 (1);

(j) Section 38-33.3-304.

(4) Section 38-33.3-217 (4) shall be applicable as follows: Except to the extent expressly permitted or required by other provisions of this article, no amendment may create or increase special declarant rights, increase the number of units or the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.

(5) (a) The exemption authorized by this section shall continue for the large planned community so long as the owner signing the affidavit is the owner of the real estate described in subsection (2) of this section; except that:

(I) Upon the sale, conveyance, or other transfer of any portion of the real estate within the large planned community, the portion sold, conveyed, or transferred shall become subject to all the provisions of this article;

(II) Any common interest community created on some but not all of the real estate within the large planned community shall be created pursuant to this article; and

(III) When a planned community no longer qualifies as a large planned community, as described in subsection (1) of this section, the exemptions authorized by this section shall no longer be applicable.

(b) Notwithstanding the provisions of subparagraph (III) of paragraph (a) of this subsection (5), all real estate described in a recorded declaration creating a large planned community shall remain subject to such recorded declaration.

(6) The association established for a large planned community shall operate with respect to large planned community-wide matters and shall not otherwise operate as the exclusive unit owners' association with respect to any unit.

(7) The association established for a large planned community shall keep in its principal office and make reasonably available to all unit owners, unit owners' authorized agents, and prospective purchasers of units a complete legal description of all common elements within the large planned community.
C.R.S. § 38-44-103 — CO Code / Title 38 / Article 44 / Section 38-44-103
38-44-103. Pleadings - trial of issues
Status: in_force

38-44-103. Pleadings - trial of issues. The action shall be a civil action, and the only necessary pleadings therein shall be the petition of plaintiff describing the land involved and, insofar as may be, the interest of the respective party and asking that certain corners and boundaries therein described, as accurately as may be, be established. Either the plaintiff or the defendant, by proper plea, may put in issue the fact that certain alleged boundaries or corners are true ones or that such have been recognized and acquiesced in by the parties or their grantors for a period of twenty consecutive years, which issue may be tried before a commission appointed in the discretion of the court.
C.R.S. § 38-33.3-306 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-306
38-33.3-306. Bylaws
Status: repealed

38-33.3-306. Bylaws. (1) In addition to complying with applicable sections, if any, of the "Colorado Business Corporation Act", articles 101 to 117 of title 7, C.R.S., or the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., if the common interest community is organized pursuant thereto, the bylaws of the association must provide:

(a) The number of members of the executive board and the titles of the officers of the association;

(b) Election by the executive board of a president, a treasurer, a secretary, and any other officers of the association the bylaws specify;

(c) The qualifications, powers and duties, and terms of office of, and manner of electing and removing, executive board members and officers and the manner of filling vacancies;

(d) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;

(e) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and

(f) A method for amending the bylaws.

(2) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.

(3) (a) If an association with thirty or more units delegates powers of the executive board or officers relating to collection, deposit, transfer, or disbursement of association funds to other persons or to a managing agent, the bylaws of the association shall require the following:

(I) That the other persons or managing agent maintain fidelity insurance coverage or a bond in an amount not less than fifty thousand dollars or such higher amount as the executive board may require;

(II) That the other persons or managing agent maintain all funds and accounts of the association separate from the funds and accounts of other associations managed by the other persons or managing agent and maintain all reserve accounts of each association so managed separate from operational accounts of the association;

(III) That an annual accounting for association funds and a financial statement be prepared and presented to the association by the managing agent, a public accountant, or a certified public accountant.

(b) Repealed.
C.R.S. § 38-28-107 — CO Code / Title 38 / Article 28 / Section 38-28-107
38-28-107. Sale of property - notice
Status: in_force

38-28-107. Sale of property - notice. If the commissioners report and the court finds that partition of the property cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix. Notice of such sale shall be given in the same manner as may be required by law for sales of real estate upon execution.
C.R.S. § 38-35-110 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-110
38-35-110. Lis pendens as notice - issuance of certificate - expiration
Status: in_force

38-35-110. Lis pendens as notice - issuance of certificate - expiration. (1) After filing any pleading in an action in any court of record of this state or in any district court of the United States within this state wherein relief is claimed affecting the title to real property, any party to such action may record in the office of the county clerk and recorder in the county or counties in which the real property or any portion thereof is situated a notice of lis pendens containing the name of the court where such action is pending, the names of the parties to such action at the time of such recording, and a legal description of the real property. The failure to name a party or describe a portion of the real property in such notice shall not affect the sufficiency of such notice, or the sufficiency of an extension of such notice pursuant to the provisions of subsection (4) of this section, as to the interest of the parties named in such notice or in such extension in the real property described therein. From the time of recording, such notice of lis pendens shall be notice to any person thereafter acquiring, by, through, or under any party named in such notice, an interest in the real property described in the notice in the county or counties where recorded that the interest so acquired may be affected by the action described in the notice.

(2) (a) Unless a timely notice of appeal is filed while a notice of lis pendens is in effect or unless the notice of lis pendens has expired and ceased to be notice as provided in subsection (6) of this section, except as provided in sections 38-22-132 and 38-22.5-111, a recorded notice of lis pendens shall remain in effect until the earliest of the following:

(I) The action is dismissed without an order of the court;

(II) Forty-nine days following the entry of an appealable order determining that certain real property specifically described in such order, or a specifically described interest therein, will not be affected by a judgment on the issues then pending, but the notice of lis pendens shall remain in effect as to all other real property described in such notice; or

(III) Forty-nine days following the entry of final judgment in the trial court as to all parties and as to some or all of the real property described in the notice of lis pendens, or a specifically described interest therein, but the notice of lis pendens shall remain in effect as to all other property described in such notice.

(b) For the purposes of subparagraphs (II) and (III) of paragraph (a) of this subsection (2), the forty-nine-day period shall commence on the first day allowed for the filing of an appeal.

(c) If a timely notice of appeal is filed while a notice of lis pendens is in effect or if the notice of lis pendens is filed after an appeal is filed, such notice of lis pendens shall remain in effect until the earliest of the following:

(I) The notice of lis pendens expires and ceases to be notice as provided in subsection (6) of this section;

(II) The court having jurisdiction over the action enters an order determining that the notice of lis pendens is no longer in effect;

(III) Thirty-five days following the issuance of a mandate by the appellate court; except that, if the mandate issued by the appellate court remands the case to a lower court for further proceedings, the notice of lis pendens shall remain in effect subject to the provisions of paragraph (a) of this subsection (2).

(3) (a) Upon request by any person, the clerk of the trial court shall issue a certificate stating whether, as of a specified date, a judgment was entered in the action described in such certificate and the date of such judgment or, if the action was dismissed, the date of such dismissal and whether such dismissal was by court order, by notice, or by stipulation. In either case, the certificate shall also state either that, as of a specified date, posttrial motions have not been filed or that posttrial motions have been filed, identifying such motions and the action, if any, taken on such motions and the date of such action. The certificate shall also state that either there is or is not an advisory copy of a notice of appeal of the action filed with the trial court.

(b) Upon request by any person, the clerk of the appellate court shall issue a certificate stating, as of a specified date, either that appellate proceedings respecting the action described in such certificate have not been commenced or that such proceedings have been commenced and stating the date of such commencement. If appellate proceedings have been commenced, the certificate shall also state either that a formal mandate has or has not been issued and, if not issued, that either a judgment, an opinion of the court, and directions as to costs have not been issued or have been issued and the dates thereof.

(c) Upon being recorded with the county clerk and recorder of the county or counties wherein the real property or any portion thereof is situated, any such certificate issued by the clerk of the trial court or the clerk of the appellate court shall constitute prima facie evidence of the facts therein stated.

(4) Except as provided in subsection (6) of this section, a recorded notice of lis pendens which has not ceased to be in effect as provided in subsection (2) of this section shall expire and cease to be notice to any person for any purpose six years after the date of its recording, unless an extension of the notice of lis pendens is recorded prior to its expiration. A timely recorded extension showing the information required in subsection (1) of this section, showing that such is an extension of an original notice of lis pendens, and showing the recording date of the original notice of lis pendens shall extend the effect of the original notice for six years after the date of recording the extension or to such earlier date as such notice ceases to be in effect as provided in subsection (2) of this section.

(5) A new notice of lis pendens meeting all the requirements of subsection (1) of this section may be recorded at any time while the action is pending and shall be notice to the same extent as provided in subsection (1) of this section; except that such new notice shall be notice only from the time of its recording.

(6) Any notice of lis pendens recorded prior to March 20, 1992, which does not cease to be in effect as provided in subsection (2) of this section and which is not extended as provided in subsection (4) of this section shall expire and cease to be notice to any person for any purpose six years after the date of its recording or two years after March 20, 1992, whichever is later.
C.R.S. § 38-29-120 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-120
38-29-120. Where to apply for certificate of title
Status: in_force

38-29-120. Where to apply for certificate of title. Except as may be otherwise provided by rule of the director, it is unlawful for any person who is a resident of the state to procure a certificate of title to a manufactured home in any county of this state other than the county in which such home is to be used as a residence. Any person who violates any of the provisions of this section or any rule of the director relating thereto, made pursuant to the authority conferred upon the director in this article 29 commits a class 2 misdemeanor.
C.R.S. § 38-33.3-302.5 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-302.5
38-33.3-302.5. Unit owners' access to common elements - duties of association - unreasonable re
Status: in_force

38-33.3-302.5. Unit owners' access to common elements - duties of association - unreasonable restrictions and prohibitions prohibited - notice of restriction or prohibition required. (1) In regulating the use of common elements, as permitted by section 38-33.3-302 (1)(f), an association shall preserve and protect unit owners' ability to use and enjoy common elements and shall not unreasonably restrict or prohibit unit owners' access to, or enjoyment of, any common element, including during the maintenance, repair, replacement, or modification of a common element.

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

(a) Protect the safety of any individuals, including unit owners and individuals performing the maintenance, repair, replacement, or modification of the common element; or

(b) Preserve the structural integrity or condition of a repair, replacement, or modification.

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

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

(I) A simple explanation of the reason for the restriction or prohibition;

(II) An indication of the estimated time or date upon which the restriction or prohibition will no longer exist; and

(III) A telephone number or e-mail address whereby a unit owner may pose questions or concerns about the restriction or prohibition for the consideration of the association; and

(b) Post a visible, clearly legible notice at each physical access point to the common element, which notice remains posted for the duration of the restriction or prohibition and includes the elements described in subsection (3)(a) of this section.
C.R.S. § 38-1-109 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-109
38-1-109. Intervention - cross petition
Status: in_force

38-1-109. Intervention - cross petition. Any person not made a party to such proceeding may become such by filing a cross petition at any time before the hearing, setting forth that he is an owner or has an interest in the property sought to be taken or damaged by the petitioner and stating the character and extent of such interest. The rights of such person shall thereupon be fully considered and determined. Except for such cross petition, there shall be no written pleadings on the part of any party to the proceeding, but, at the hearing provided for in section 38-1-105, the court shall hear and dispose of all objections that may be raised touching the legal sufficiency of the petition or cross petition or the regularity of the proceedings in any other respect. In case any person or corporation at any time or in any manner succeeds to the right of any party in the subject matter of the proceeding, such proceeding shall not abate thereby, but such person or corporation, upon motion and upon proof of the fact of such succession, shall be substituted for such party as a party to the proceeding.
C.R.S. § 38-12-1203 — CO Code / Title 38 / Article 12 / Part 12 / Section 38-12-1203
38-12-1203. Prohibition on activities related to a tenant's immigration or citizenship statu
Status: in_force

38-12-1203. Prohibition on activities related to a tenant's immigration or citizenship status. (1) On and after January 1, 2021, except as otherwise provided in this section or required by law or court order, a landlord shall not:

(a) Demand, request, or collect information regarding or relating to the immigration or citizenship status of a tenant; except that a landlord that is also the tenant's employer may lawfully collect information required to complete any employment form required by state or federal law;

(b) Disclose or threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or immigration or law enforcement agency;

(c) Harass or intimidate a tenant or retaliate against a tenant for:

(I) Exercising the tenant's rights under this part 12; or

(II) Opposing any conduct prohibited by this part 12;

(d) Interfere with a tenant's rights under this part 12, including influencing or attempting to influence a tenant to surrender possession of a dwelling unit or to not seek to occupy a dwelling unit based solely or in part on the immigration or citizenship status of the tenant;

(e) Refuse to enter into a rental agreement or to approve a subtenancy, or to otherwise preclude a tenant from occupying a dwelling unit, based solely or in part on the immigration or citizenship status of the tenant; or

(f) Bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant.
C.R.S. § 38-24.7-106 — CO Code / Title 38 / Article 24.7 / Section 38-24.7-106
38-24.7-106. Limitations of actions
Status: in_force

38-24.7-106. Limitations of actions. Any action for the foreclosure and enforcement of a lien authorized in section 38-24.7-102 must be commenced, and a notice of commencement of action filed in the same locations as the lien statements, within twenty-four months after the filing of the lien and must be filed in the district court for the county in which the lien authorized in section 38-24.7-102 is filed. The failure to file such an action and notice on a timely basis renders the lien null and void.
C.R.S. § 38-33.3-317 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-317
38-33.3-317. Association records - rules - applicability
Status: in_force

38-33.3-317. Association records - rules - applicability. (1) In addition to any records specifically defined in the association's declaration or bylaws or expressly required by section 38-33.3-209.4 (2), the association must maintain the following, all of which shall be deemed to be the sole records of the association for purposes of document retention and production to owners:

(a) Detailed records of receipts and expenditures affecting the operation and administration of the association;

(b) Records of claims for construction defects and amounts received pursuant to settlement of those claims;

(c) Minutes of all meetings of its unit owners and executive board, a record of all actions taken by the unit owners or executive board without a meeting, and a record of all actions taken by any committee of the executive board;

(d) Written communications among, and the votes cast by, executive board members that are:

(I) Directly related to an action taken by the board without a meeting pursuant to section 7-128-202, C.R.S.; or

(II) Directly related to an action taken by the board without a meeting pursuant to the association's bylaws;

(e) The names of unit owners in a form that permits preparation of a list of the names of all unit owners and the physical mailing addresses at which the association communicates with them, showing the number of votes each unit owner is entitled to vote; except that this paragraph (e) does not apply to a unit, or the owner thereof, if the unit is a time-share unit, as defined in section 38-33-110 (7);

(f) Its current declaration, covenants, bylaws, articles of incorporation, if it is a corporation, or the corresponding organizational documents if it is another form of entity, rules and regulations, responsible governance policies adopted pursuant to section 38-33.3-209.5, and other policies adopted by the executive board;

(g) Financial statements as described in section 7-136-106, C.R.S., for the past three years and tax returns of the association for the past seven years, to the extent available;

(h) A list of the names, electronic mail addresses, and physical mailing addresses of its current executive board members and officers;

(h.5) A list of the current amounts of all unique and extraordinary fees, assessments, and expenses that are chargeable by the association in connection with the purchase or sale of a unit and are not paid for through assessments, including transfer fees, record change fees, and the charge for a status letter or statement of assessments due;

(h.6) All documents included in the association's annual disclosures made pursuant to section 38-33.3-209.4.

(i) Its most recent annual report delivered to the secretary of state, if any;

(j) Financial records sufficiently detailed to enable the association to comply with section 38-33.3-316 (8) concerning statements of unpaid assessments;

(k) The association's most recent reserve study, if any;

(l) Current written contracts to which the association is a party and contracts for work performed for the association within the immediately preceding two years;

(m) Records of executive board or committee actions to approve or deny any requests for design or architectural approval from unit owners;

(n) Ballots, proxies, and other records related to voting by unit owners for one year after the election, action, or vote to which they relate;

(o) Resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members; and

(p) All written communications within the past three years to all unit owners generally as unit owners.

(2) (a) Subject to subsections (3), (3.5), and (4) of this section, all records maintained by the association must be available for examination and copying by a unit owner or the owner's authorized agent. The association may require unit owners to submit a written request, describing with reasonable particularity the records sought, at least ten days prior to inspection or production of the documents and may limit examination and copying times to normal business hours or the next regularly scheduled executive board meeting if the meeting occurs within thirty days after the request. Notwithstanding any provision of the declaration, bylaws, articles, or rules and regulations of the association to the contrary, the association may not condition the production of records upon the statement of a proper purpose.

(b) (I) Notwithstanding paragraph (a) of this subsection (2), a membership list or any part thereof may not be obtained or used by any person for any purpose unrelated to a unit owner's interest as a unit owner without consent of the executive board.

(II) Without limiting the generality of subparagraph (I) of this paragraph (b), without the consent of the executive board, a membership list or any part thereof may not be:

(A) Used to solicit money or property unless such money or property will be used solely to solicit the votes of the unit owners in an election to be held by the association;

(B) Used for any commercial purpose; or

(C) Sold to or purchased by any person.

(3) Records maintained by an association may be withheld from inspection and copying to the extent that they are or concern:

(a) Architectural drawings, plans, and designs, unless released upon the written consent of the legal owner of the drawings, plans, or designs;

(b) Contracts, leases, bids, or records related to transactions to purchase or provide goods or services that are currently in or under negotiation;

(c) Communications with legal counsel that are otherwise protected by the attorney-client privilege or the attorney work product doctrine;

(d) Disclosure of information in violation of law;

(e) Records of an executive session of an executive board;

(f) Individual units other than those of the requesting owner; or

(g) The names and physical mailing addresses of unit owners if the unit is a time-share unit, as defined in section 38-33-110 (7).

(3.5) Records maintained by an association are not subject to inspection and copying, and they must be withheld, to the extent that they are or concern:

(a) Personnel, salary, or medical records relating to specific individuals; or

(b) (I) Personal identification and account information of members and residents, including bank account information, telephone numbers, electronic mail addresses, driver's license numbers, and social security numbers; except that, notwithstanding section 38-33.3-104, a member or resident may provide the association with prior written consent to the disclosure of, and the association may publish to other members and residents, the person's telephone number, electronic mail address, or both. The written consent must be kept as a record of the association and remains valid until the person withdraws it by providing the association with a written notice of withdrawal of the consent. If a person withdraws his or her consent, the association is under no obligation to change, retrieve, or destroy any document or record published prior to the notice of withdrawal.

(II) As used in this paragraph (b), written consent and notice of withdrawal of the consent may be given by means of a "record", as defined in the "Uniform Electronic Transactions Act", article 71.3 of title 24, C.R.S., if the parties so agree in accordance with section 24-71.3-105, C.R.S.

(4) The association may impose a reasonable charge, which may be collected in advance and may cover the costs of labor and material, for copies of association records. The charge may not exceed the estimated cost of production and reproduction of the records, including the costs of copying, mailing, and any necessary special processing.

(4.5) If the association fails to allow inspection or copying of records in accordance with this section within thirty calendar days after receipt of a written request submitted by certified mail, return receipt requested, and payment of any fees required pursuant to subsection (4) of this section, the association is liable for penalties in the amount of fifty dollars per day, commencing on the eleventh business day after the association received the written request, up to a maximum of five hundred dollars or the unit owner's actual damages sustained as a result of the refusal, whichever is greater.

(5) A right to copy records under this section includes the right to receive copies by photocopying or other means, including the receipt of copies through an electronic transmission if available, upon request by the unit owner.

(6) An association is not obligated to compile or synthesize information.

(7) Association records and the information contained within those records shall not be used for commercial purposes.

(8) Subsections (1)(h.5), (1)(h.6), and (4.5) of this section, as added by House Bill 21-1229, enacted in 2021, and subsection (4) of this section, as amended by House Bill 21-1229, enacted in 2021, do not apply to an association that includes time share units, as defined in section 38-33-110 (7).
C.R.S. § 38-12-1108 — CO Code / Title 38 / Article 12 / Part 11 / Section 38-12-1108
38-12-1108. Mobile home park complaint and water issue database
Status: in_force

38-12-1108. Mobile home park complaint and water issue database. (1) The division shall also create and maintain a database of mobile home parks that have had complaints filed against them under the program or that have an unremediated water quality issue as determined pursuant to part 10 of article 8 of title 25.

(2) At a minimum, the database must include:

(a) The number of complaints received;

(b) The nature and extent of the complaints received;

(c) The violation of law complained of;

(d) The outcome of each complaint; and

(e) Whether the mobile home park has a water quality issue, as described in the notice from the water quality control division in accordance with section 25-8-1003 (1)(b), that has not been remediated.
C.R.S. § 38-13-219 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-219
38-13-219. Unclaimed gift cards - limited exception
Status: in_force

38-13-219. Unclaimed gift cards - limited exception. This article 13 does not apply to unclaimed gift cards if the holder or issuer is a business association with annual gross receipts from the sales or issuance of all gift cards totaling two hundred thousand dollars or less.
C.R.S. § 38-23-106 — CO Code / Title 38 / Article 23 / Section 38-23-106
38-23-106. Lien duration - action prolongs
Status: in_force

38-23-106. Lien duration - action prolongs. No lien claimant by virtue of this article shall hold the property longer than six months after filing the statement described in section 38-23-104 unless an action is commenced within that time to enforce the same.
C.R.S. § 38-30-172 — CO Code / Title 38 / Article 30 / Section 38-30-172
38-30-172. Evidence of existence and authority - definitions
Status: in_force

38-30-172. Evidence of existence and authority - definitions. (1) Prima facie evidence of the existence of an entity and the authority of one or more persons to act on behalf of an entity to convey, encumber, or otherwise affect title to real property may be shown as provided in this section.

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

(a) "Entity" means a person as defined in section 2-4-401, C.R.S., other than an individual, capable of holding title to real property.

(b) "Entity description" means the type of entity and may also include the name of the state, country, or other governmental authority under whose laws it was formed.

(c) "Recorded" means recorded with the county clerk and recorder of the county in which the real property is situated.

(d) "Statement of authority" means an instrument executed on behalf of the entity that contains:

(I) The name of the entity;

(II) The type of entity and the state, country, or other governmental authority under whose laws it was formed;

(III) A mailing address for the entity; and

(IV) The name or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity.

(3) Prima facie evidence of the existence of an entity that executed a recorded instrument purporting to convey, encumber, or otherwise affect title to real property may be shown by any one or more of the following recorded instruments:

(a) The instrument itself, if that instrument uses the same name and the same entity description, if any, as appeared in the instrument by which the entity purported to acquire title to the real property or any part thereof or any interest therein; or

(b) Another instrument that is required by law to be recorded to enable the entity to hold or convey title to real property; or

(c) Another instrument that is permitted by law to be recorded, that names the entity and gives the entity description of the entity and, that by law is prima facie evidence of the facts recited in the instrument insofar as such facts affect title to real property.

(4) Prima facie evidence of the authority of the person that executed an instrument on behalf of an entity purporting to convey, encumber, or otherwise affect title to real property may be shown by any one or more of the following recorded instruments:

(a) An instrument that is required or permitted by law to be recorded in order to evidence the authority of one or more persons by name or by position to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity; or

(b) A certified copy of an instrument on file with any agency or department of any state, country, or other governmental authority that evidences the authority of one or more persons by name or by position to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity; or

(c) A statement of authority.

(5) A statement of authority may contain any limitation as may exist upon the authority of the person named in the statement or holding the position described in the statement to bind the entity and any other matters concerning the manner in which the entity deals with any interest in real property. Upon recording, a statement of authority shall constitute prima facie evidence of the facts recited in the statement of authority insofar as the facts affect title to real property and prima facie evidence of the authority of the person executing the statement of authority to execute and record the statement of authority on behalf of the entity.

(6) Any recorded instrument described in subsection (4) of this section may be amended or superseded by the recording of a subsequent instrument of the type described in subsection (4) of this section. The absence of any limitation described in subsection (5) of this section in a recorded instrument described in subsection (4) of this section shall be prima facie evidence that no such limitations exist.
C.R.S. § 38-30-105 — CO Code / Title 38 / Article 30 / Section 38-30-105
38-30-105. Lands not in possession may be conveyed
Status: in_force

38-30-105. Lands not in possession may be conveyed. Any person claiming right or title to lands, tenements, or hereditaments, although he may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his interest in and to the same in as full and complete a manner as if he were in the actual possession of the lands and premises intended to be conveyed.
C.R.S. § 38-36-137 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-137
38-36-137. No title by prescription or adverse possession
Status: in_force

38-36-137. No title by prescription or adverse possession. No title to registered land in derogation of that of the registered owner shall ever be acquired by prescription or adverse possession.
C.R.S. § 38-7-102 — CO Code / Title 38 / Article 7 / Section 38-7-102
38-7-102. Motion for vesting - procedure with respect thereto
Status: in_force

38-7-102. Motion for vesting - procedure with respect thereto. (1) The court shall set a date, not less than twenty-one days after the filing of such motion, for the hearing thereon, and the court shall require at least fourteen days' notice to be given to each party to the proceeding whose interests would be affected by the taking requested. The averments in the motion and the necessity for the vesting of title, or some lesser estate, prior to the final determination of just compensation are deemed admitted unless such averments are controverted in a responsive pleading filed at or before the hearing on the motion for vesting.

(2) At the hearing on the motion for vesting, if such averments have been controverted in responsive pleadings filed at or before the said hearing and if the court has not previously, in the same proceeding, determined the same, the court shall first hear and determine the following matters:

(a) The authority of the petitioner to exercise the right of eminent domain;

(b) Whether the property described in the motion for vesting is subject to the exercise of the right of eminent domain;

(c) Whether the right of eminent domain is being properly exercised in the particular proceeding.

(3) Failure to raise the issues enumerated in subsection (2) of this section, at or before the hearing on the motion for vesting, constitutes a waiver insofar as the said issues relate to the property described in the motion for vesting. The court's order thereon is a final order, and an appeal may be obtained for the review thereof by either party within twenty-one days after the entry of such order, but not thereafter unless the appellate court, on good cause shown, shall, within the twenty-one-day period, extend the time for obtaining an appeal. Appellate review shall not stay the other proceedings under this article, unless the appeal was obtained by the petitioner or unless an order staying such further proceedings is entered by the appellate court upon a showing of irreparable injury.

(4) If the issues enumerated under subsection (2) of this section are determined in favor of the petitioner and further proceedings are not stayed or if further proceedings are stayed and the appeal results in a determination in favor of the petitioner, the court shall hear and determine all matters raised in and relating to the motion for vesting. If the foregoing matters are determined in favor of the petitioner, the court shall appoint three disinterested commissioners, who shall be freeholders, to assess the compensation to which the respondents named in the motion for vesting may be entitled by reason of the appropriation of the petitioner.

(5) The commissioners, before entering upon the duties of their office, shall take an oath to faithfully and impartially discharge their duties as commissioners. Any one of them may administer oaths to witnesses produced before them. The commissioners shall forthwith view the property, hear such testimony, and consider such evidence as is reasonably necessary to enable them to make a preliminary finding of an amount constituting just compensation for the taking of the property of the respondents named in the motion for vesting. The commissioners shall forthwith make, subscribe, and file with the clerk of the court in which such proceedings are had a certified report meeting the requirements of section 38-1-115. Upon the motion of the petitioner filed within fourteen days of receipt of the notice provided for in section 38-7-103 (1), the court shall review the said report of the commissioners, and, upon good cause shown by the petitioner, the court may order a new report by the same or different commissioners, and the said order shall void the report objected to. The new commissioners appointed, if any, and the new report shall be in accordance with the provisions of this article.

(6) Such preliminary finding of just compensation and any deposit made or security provided pursuant thereto shall not be evidence in the further proceedings to ascertain finally the just compensation to be paid and shall not be disclosed in any manner to a jury impaneled in such proceedings.
C.R.S. § 38-20-201 — CO Code / Title 38 / Article 20 / Part 2 / Section 38-20-201
38-20-201. Short title
Status: in_force

38-20-201. Short title. This part 2 shall be known and may be cited as the "Agistor's Lien Act".
C.R.S. § 38-30-151 — CO Code / Title 38 / Article 30 / Section 38-30-151
38-30-151. Division of county - transcript of records - certificate
Status: in_force

38-30-151. Division of county - transcript of records - certificate. (1) Whenever any county has been divided and a portion of the territory thereof erected into a new county, or added to some other county, the board of county commissioners of such new county or of the county to which such territory is added may, at the expense of its own county, procure to be transcribed from the records of the county to which such territory was originally attached copies of all deeds, bonds, agreements, powers of attorney, and other writings conveying or affecting title to any real estate situate within the territory so separated, and for this purpose the person whom such board may appoint shall have free access at all reasonable times to the records of the original county.

(2) Such records shall be transcribed into a suitable and well-bound book, and the person transcribing the same shall affix thereto at the end of all such transcripts his affidavit that the same were by him transcribed from the records of such original county, and are true, correct, and examined copies of such records. Such book of transcribed records shall be deposited in the office of the county clerk and recorder of the new county, or of the county to which such territory is assigned, as a part of the records thereof; and such transcribed records or copies therefrom, certified by the county clerk and recorder in whose office the same are deposited, shall have the same effect as evidence as the original records of such deeds, bonds, agreements, powers of attorney, and other writings.
C.R.S. § 38-38-301 — CO Code / Title 38 / Article 38 / Part 3 / Section 38-38-301
38-38-301. Holder of certificate of purchase paying charges - redemption
Status: in_force

38-38-301. Holder of certificate of purchase paying charges - redemption. The holder of a certificate of purchase may pay at any time after the sale and during the redemption period described in section 38-38-302 the fees and costs that the holder may pay pursuant to section 38-38-107 and may include any such amounts as part of the amount to be paid upon redemption.
C.R.S. § 38-36-139 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-139
38-36-139. Contents and form of certificate of registration
Status: in_force

38-36-139. Contents and form of certificate of registration. The certificate of registration shall contain the name of the owner, a description of the land and of the estate of the owner, and shall by memorial or notation contain a description of all encumbrances, liens, and interest to which the estate of the owner is subject. It shall state the residence of the owner and, if a minor, give his age; if under disability, it shall state the nature of the disability; it shall state whether married or not, and if married, the name of the husband or wife. In case of a trust, condition, or limitation, it shall state the trust, condition, or limitation, as the case may be. It shall contain and conform in respect to all statements in the certified copy of the decree of registration filed with the registrar of titles as provided in section 38-36-134, and shall be in a form substantially as follows:

FIRST CERTIFICATE OF TITLE.

Pursuant to order of district court of ............ county.

STATE OF COLORADO )

) ss.

County of .....................................)

This is to certify that A ........ B ........ of .............., county of .............., state of .............. is now the owner of an estate (describe the estate) of, and in (describe the land), subject to the encumbrances, liens, and interests noted by the memorial underwritten or endorsed thereon, subject to the exceptions and qualifications mentioned in section 38-36-133. (Here note all statements provided herein to appear upon the certificate.)

In witness whereof, I have hereunto set my hand and affixed the official seal of my office this ........ day of ...................., A.D. 20.... .

(Seal) .......................................

Registrar of Titles.
C.R.S. § 38-3-104 — CO Code / Title 38 / Article 3 / Section 38-3-104
38-3-104. Order - copy recorded
Status: in_force

38-3-104. Order - copy recorded. In case no appeal is taken within thirty days after the last publication of notice that the findings of the court have been filed, the court, upon the payment by the petitioner to the clerk of such court of the compensation fixed by the court and upon motion of the petitioner, shall enter an order appropriating the lands, rights-of-way, or other rights or easements in lands, as the case may be, to the petitioner. Thereafter, the same shall be the property of the petitioner, and a certified copy of the order may be filed for record with the county clerk and recorder of the county in which such lands, rights-of-way, or other rights or easements in lands are located. Such record shall be notice, and a certified copy of such record shall be evidence of the title and rights of the petitioner as therein set forth. The clerk of said court shall notify the owner of the property of the payment of the compensation fixed by the court and shall pay the same to such owner on demand.
C.R.S. § 38-13-1303 — CO Code / Title 38 / Article 13 / Part 13 / Section 38-13-1303
38-13-1303. Right of agent of apparent owner to recover property held by administrator
Status: in_force

38-13-1303. Right of agent of apparent owner to recover property held by administrator. (1) An apparent owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the administrator may designate the person as the agent of the apparent owner. The designation must be in a record signed by the apparent owner.

(2) The administrator shall give the agent of the apparent owner nonconfidential status updates. The administrator shall not provide the agent of the apparent owner with any personal information as defined in section 38-13-1401 or confidential information described in section 38-13-1402.

(3) If authorized by the apparent owner, the agent of the apparent owner may bring an action against the administrator on behalf of and in the name of the apparent owner.
C.R.S. § 38-33.3-221.5 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-221.5
38-33.3-221.5. Withdrawal from merged common interest community
Status: in_force

38-33.3-221.5. Withdrawal from merged common interest community. (1) A common interest community that was merged or consolidated with another common interest community, or is party to an agreement to do so pursuant to section 38-33.3-221, may withdraw from the merged or consolidated common interest community or terminate the agreement to merge or consolidate, without the consent of the other common interest community or communities involved, if the common interest community wishing to withdraw meets all of the following criteria:

(a) It is a separate, platted subdivision;

(b) Its unit owners are required to pay into two common interest communities or separate unit owners' associations;

(c) It is or has been a self-operating common interest community or association continuously for at least twenty-five years;

(d) The total number of unit owners comprising it is fifteen percent or less of the total number of unit owners in the merged or consolidated common interest community or association;

(e) Its unit owners have approved the withdrawal by a majority vote and the owners of units representing at least seventy-five percent of the allocated interests in the common interest community wishing to withdraw participated in the vote; and

(f) Its withdrawal would not substantially impair the ability of the remainder of the merged common interest community or association to:

(I) Enforce existing covenants;

(II) Maintain existing facilities; or

(III) Continue to exist.

(2) If an association has met the requirements set forth in subsection (1) of this section, it shall be considered withdrawn as of the date of the election at which its unit owners voted to withdraw.
C.R.S. § 38-30.5-104 — CO Code / Title 38 / Article 30.5 / Section 38-30.5-104
38-30.5-104. Creation of conservation easements in gross
Status: repealed

38-30.5-104. Creation of conservation easements in gross. (1) A conservation easement in gross may only be created by the record owners of the surface of the land and, if applicable, owners of the water or water rights beneficially used thereon by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such an easement under this article.

(2) A conservation easement in gross may only be created through a grant to or a reservation by a governmental entity, including the division of conservation created in section 12-15-102, or a grant to or a reservation by a charitable organization exempt under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, which organization was created at least two years prior to receipt of the conservation easement.

(3) Repealed.

(4) Conservation easements relating to historical, architectural, or cultural significance may only be applied to buildings, sites, or structures which have been listed in the national register of historic places or the state register of historic properties, which have been designated as a landmark by a local government or landmarks commission under the provisions of the ordinances of the locality involved, or which are listed as contributing building sites or structures within a national, state, or locally designated historic district.

(5) If a water right is represented by shares in a mutual ditch or reservoir company, a conservation easement in gross that encumbers the water right may be created or revoked only after sixty days' notice and in accordance with the applicable requirements of the mutual ditch or reservoir company, including, but not limited to, its articles of incorporation and bylaws as amended from time to time.
C.R.S. § 38-38-506 — CO Code / Title 38 / Article 38 / Part 5 / Section 38-38-506
38-38-506. Omitted parties - definitions
Status: in_force

38-38-506. Omitted parties - definitions. (1) As used in this section, "omitted party" means any person who:

(a) Prior to the recording of the notice of election and demand or lis pendens, has either acquired a record interest in the property or has obtained a valid possessory interest and is in actual possession of the property, which interest is junior to the deed of trust or other lien being foreclosed and would otherwise be extinguished by the foreclosure; and

(b) Is not included as a party defendant in a judicial foreclosure action or, if included, is not served with process, or is not served with notice of levy or seizure pursuant to section 13-55-102, C.R.S., or is not notified pursuant to section 38-38-103 of a sale, or is not notified in connection with the legal proceedings contemplated by section 38-38-105.

(2) (a) The interest of an omitted party in the property that is the subject of a sale may be terminated if the omitted party, or anyone claiming by, through, or under an omitted party, in a civil action commenced at any time by any interested person as defined in paragraph (c) of this subsection (2), by an omitted party, or by anyone claiming by, through, or under an omitted party, is afforded rights of cure if the omitted party would have been entitled to cure pursuant to section 38-38-104, or is afforded redemption rights if the omitted party would have been entitled to redeem pursuant to section 38-38-302, upon such terms as the court may deem equitable under the circumstances, which terms shall not, however, be more favorable than the person's statutory rights. The court shall give full consideration to whether the omitted party or anyone claiming by, through, or under an omitted party was given or had actual notice or knowledge of the foreclosure and was given an opportunity to exercise statutory rights to cure or redeem.

(b) For purposes of this section, the lien that is the subject of the sale shall not be extinguished by merger with the title to the property acquired pursuant to section 38-38-501 until the interest of any omitted party has been affirmed pursuant to subsection (3) of this section or has been terminated as provided in paragraph (a) of this subsection (2), or by operation of law. The omitted party, or anyone claiming by, through, or under an omitted party, cannot extinguish the lien that is subject to the sale by enforcement of the lien of the omitted party.

(c) As used in this section, "interested person" means the holder of the evidence of debt being foreclosed, a holder of a certificate of purchase or certificate of redemption issued pursuant to section 38-38-401 or 38-38-402, or an owner of the property pursuant to section 38-38-501 or a person claiming by, through, or under such holder or owner.

(d) An omitted party, or anyone claiming by, through, or under an omitted party, shall not have a remedy to cure or redeem, except as set forth in this subsection (2). An interested party shall not be able to extinguish an omitted party's interest except as set forth in this subsection (2) or by written waiver or agreement signed by the omitted party or anyone claiming by, through, or under an omitted party.

(3) If an interested person files with the officer at any time a document affirming an omitted party's interest in the property, subject to the terms, conditions, and provisions of the recorded instrument from which such omitted party's interest is derived, or in the case of an omitted party that is a lessee, subject to the terms and conditions of the lease, whether written or oral, the interest of such omitted party in the property shall not be affected by the foreclosure, and such omitted party shall have no right to cure or redeem.

(4) (Deleted by amendment, L. 2006, p. 1476, § 31; L. 2007, p. 1849, § 27, effective January 1, 2008.)
C.R.S. § 38-30-111 — CO Code / Title 38 / Article 30 / Section 38-30-111
38-30-111. Rule against perpetuities inapplicable to employees' pension trusts
Status: in_force

38-30-111. Rule against perpetuities inapplicable to employees' pension trusts. No trust created by an employer as a part of a pension, stock bonus, disability, death benefit, or profit-sharing plan for the exclusive benefit of some or all of his employees or their beneficiaries, to which contributions are made by such employer or employees, or by both employer and employees, for the purpose of distributing to such employees or their beneficiaries the earnings or principal, or both earnings and principal, of such trust, is invalid by reason of any existing law or rule against perpetuities or accumulations or suspension of the power of alienation; but such trust may continue for such time as may be necessary to accomplish the purposes for which it may be created.
C.R.S. § 38-12-217 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-217
38-12-217. Notice of change of use - notice of sale or closure of park - opportunity for ho
Status: in_force

38-12-217. Notice of change of use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definitions. (1) Except as specified in subsection (12) of this section:

(a) (I) A landlord shall provide notice of the landlord's intent to sell the park within fourteen days of a triggering event demonstrating the landlord's intent to sell. The notice must be given in accordance with the requirements of subsection (2) of this section.

(II) A triggering event requiring notice under this subsection (1)(a) includes any time the landlord:

(A) Signs a contract with a real estate broker or brokerage firm to list the park for sale or to sell or transfer the park;

(B) Signs a letter of intent, option to sell or buy, or other conditional written agreement with a potential buyer for the sale or transfer of the park, which includes the estimated price, terms, and conditions of the proposed sale or transfer, even if such price, terms, or conditions are subject to change;

(C) Signs a contract with a potential buyer's real estate broker or brokerage firm related to the potential sale or transfer of the park;

(D) Accepts an earnest money promissory note or deposit from a potential buyer for the sale or transfer of the park;

(E) Responds to a potential buyer's due diligence request for the park;

(F) Provides a signed property disclosure form for the park to a potential buyer;

(G) Lists the park for sale;

(H) Makes a conditional acceptance of an offer for the sale or transfer of the park;

(I) Takes any other action demonstrating an intent to sell the park; or

(J) Receives a notice of election and demand or lis pendens related to foreclosure of the park pursuant to part 1 of article 38 of this title 38 or a notice that a certificate of levy has been filed related to the park pursuant to section 13-56-101.

(b) A landlord shall provide notice of the landlord's intent to change the use of the land comprising the mobile home park in accordance with the requirements of subsection (2) of this section at least twelve months before the change in use will occur.

(c) No earlier than ninety days after giving the notice required by subsection (1)(a) of this section, a landlord may post information in a public space in the mobile home park describing the method for providing a signed writing to the mobile home park owner related to the opportunity to purchase. The posting must include standard forms created by the department of local affairs related to the opportunity to purchase and the rights of mobile home park owners related to the opportunity to purchase, including a standardized form developed by the department of local affairs for the landlord to use to request the signatures of home owners who decline to participate in efforts to purchase a community. If, no earlier than ninety days after a landlord provides the notice required by subsection (1)(a) of this section, at least fifty percent of the home owners who reside in the park provide signed writings to the landlord declining to participate in purchasing the park, then the opportunity to purchase provided by subsection (4) of this section terminates even if the one-hundred-twenty-day period provided for in subsection (4)(a) of this section has not yet elapsed.

(d) A landlord shall not solicit or request a home owner's intention or a signed writing related to the opportunity to purchase during the initial ninety days after giving notice pursuant to subsection (1)(a) of this section. During the time period for considering an opportunity to purchase, a landlord shall not attempt to coerce, threaten, or intimidate a home owner or provide any financial or in-kind incentives to a home owner to influence the home owner's vote or decision and shall not take retaliatory action against a home owner after the home owner's vote or decision. Any complaints alleging violation of this subsection (1) may be resolved under part 11 of this article 12 and subsection (15) of this section.

(2) Notice - requirements. (a) To provide notice as required by subsection (1)(a) or (1)(b) of this section, the landlord shall mail the notice in both English and Spanish by certified mail to:

(I) Each home owner, using the most recent address of the home owner, and shall post a copy of the notice in a conspicuous place on the mobile home or at the main point of entry to the lot;

(II) The municipality or, if the park is in an unincorporated area, the county within which the park is located;

(III) The division of housing in the department of local affairs; and

(IV) Each home owners' association, residents' association, or similar body that represents the residents of the park.

(b) In addition to mailing the notice, the landlord shall:

(I) Provide the notice in both English and Spanish by e-mail to each resident who has an e-mail address on file with the landlord; and

(II) (A) Post the notice in both English and Spanish in a clearly visible location in common areas of the mobile home park, including any community hall or recreation hall. The notice must remain publicly posted for a period of at least one hundred twenty days from the date it is posted or until the opportunity to purchase has expired.

(B) The landlord shall make a good faith effort to comply with the notice requirement in subsection (2)(b)(II)(A) of this section. A good faith effort by the landlord to comply with the notice requirement in subsection (2)(b)(II)(A) of this section will not render a sale of a park to be out of compliance with this section.

(3) Contents of notice. The notice given pursuant to subsection (1)(a) of this section must include notice of home owners' rights and remedies under this section. If the triggering event involves a potential sale, the notice must also include a description of the property to be purchased; the price, terms, and conditions of an acceptable offer the landlord has received to sell the mobile home park or the price or terms and conditions for which the landlord intends to sell the park; and any other terms or conditions which, if not met, would be sufficient grounds, in the landlord's discretion, to reject an offer from a group of home owners or their assignees. The price, terms, and conditions stated in the notice must be universal and applicable to all potential buyers and must not be specific to and prohibitive of a group or association of home owners or their assignees making a successful offer to purchase the park. The information regarding the proposed sale and the price, terms, and conditions of an acceptable offer may be shared for the purposes of evaluating or obtaining financing for the prospective transaction, but all persons who receive the information shall otherwise keep it confidential if the landlord or the landlord's agent so requests.

(4) Offer to purchase - who may submit - time limits. (a) A group or association of home owners or their assignees have one hundred twenty days after the date that the landlord mails a notice required by subsection (1)(a) of this section to:

(I) Submit to the landlord a proposed purchase and sale agreement and obtain an offer for any necessary financing or guarantees; or

(II) Submit to the landlord an assignment agreement pursuant to subsection (8) of this section.

(b) Notwithstanding subsection (4)(a) of this section, if a foreclosure sale of the park is scheduled for less than one hundred twenty days after the landlord mails a notice required by subsection (1)(a) of this section, the opportunity granted by subsection (4)(a) of this section terminates on the date of the foreclosure sale.

(c) A group or association of home owners or their assignees has the opportunity granted by subsection (4)(a) of this section if the group or association of home owners or their assignees have the approval of at least fifty-one percent of the home owners in the park. The group or association of home owners or their assignees must submit to the landlord reasonable evidence that the home owners of at least fifty-one percent of the occupied homes in the park have approved the group or association purchasing the park.

(5) Landlord's duty to consider offer. A landlord that has given notice as required by subsection (1)(a) of this section shall:

(a) Provide documents, data, and other information in response to reasonable requests for information from a group or association of home owners or their assignees participating in the opportunity to purchase that would enable them to prepare an offer. The documents, data, and other information provided may be shared for the purposes of evaluating or obtaining financing for the prospective transaction, but all persons who receive the information shall otherwise keep it confidential if the landlord or the landlord's agent so requests.

(b) (I) Negotiate in good faith with a group or association of home owners or their assignees.

(II) For purposes of this subsection (5)(b), negotiating in good faith includes, but is not limited to, evaluating an offer to purchase from a group of home owners or their assignees without consideration of the time period for closing, the type of financing or payment method, whether or not the offer is contingent on financing or payment method or whether or not the offer is contingent on financing, an appraisal, or title work; and providing a written response within seven calendar days of receiving an offer from a group of home owners or their assignees. The written response must accept or reject the offer, and if the offer is rejected, must state:

(A) The current price, terms, or conditions of an acceptable offer that the landlord has received to sell the mobile home park if the price, terms, or conditions have changed since the landlord gave notice to the home owners pursuant to subsection (3) of this section; and

(B) Why the landlord is rejecting the offer from a group of home owners and what terms and conditions must be included in a subsequent offer for the landlord to potentially accept it.

(III) The price, terms, and conditions of an acceptable offer stated in the response must be universal and applicable to all potential buyers and must not be specific to and prohibitive of a group or association of home owners or their assignees making a successful offer to purchase the park.

(c) Schedule a closing date for a purchase and sale agreement.

(6) Expiration of opportunity to purchase. (a) If the one-hundred-twenty-day period provided for in subsection (4)(a) of this section elapses and a group or association of home owners or their assignees have not submitted a proposed purchase and sale agreement or obtained a financial commitment, the group's or association's opportunities provided by this section terminate.

(b) A landlord shall give a group or association of home owners or their assignees an additional one hundred twenty days after the one-hundred-twenty-day period provided by subsection (4)(a) of this section to close on the purchase of the mobile home park.

(7) Extension or tolling of time. (a) The one-hundred-twenty-day periods described in subsections (4)(a) and (6)(b) of this section may be extended by written agreement between the landlord and the group or association of home owners or their assignees.

(b) The group or association of home owners or their assignees are entitled to tolling of the time periods described in subsections (4)(a) and (6)(b) of this section in any of the following circumstances:

(I) If there is a reasonable delay in obtaining financing or a required inspection or survey of the land that is outside the control of the group or association of home owners or their assignees, the time period is tolled for the duration of the delay;

(II) If the group or association of home owners or their assignee files a nonfrivolous complaint with the department of local affairs alleging a violation of this section, the time period is tolled until the department of local affairs issues a written notice of violation or notice of nonviolation that has become a final agency order determining whether a violation has occurred or the parties reach a resolution by signing a settlement agreement approved by the department of local affairs; and

(III) If the group or association of home owners has attempted to assign their rights pursuant to subsection (8) of this section, the time period is tolled from the time the group or association makes the offer of assignment until the potential assignee either confirms in writing that the offer is rejected or a written assignment contract is executed; except that the time period shall not be tolled for more than ninety days pursuant to this subsection (7)(b)(III).

(8) Assignment of right to purchase. (a) A group or association of home owners or their assignees that have the opportunity to purchase under subsection (4) of this section may assign their purchase right to a local government, tribal government, housing authority, nonprofit with expertise related to housing, or the state or an agency of the state for the purpose of continuing the use of the park.

(b) (I) If a group or association of home owners or their assignees comprising more than fifty percent of home owners in a park choose to assign their rights to a public entity under this subsection (8), the home owners or their assignees shall enter into a written assignment contract with the public entity. The assignment contract must include the terms and conditions of the assignment and for how the park will be operated if the public entity purchases the park. The assignment contract must provide that the terms and conditions are applicable to any designee selected by the public entity pursuant to subsection (8)(b)(II) of this section. The terms and conditions may include, but are not limited to:

(A) Any deed restrictions that may be required or permitted regarding the lots or the houses in the park;

(B) Any restrictions on rent or fee increases that apply if the public entity purchases the park;

(C) Any required conditions, such as the required demonstration of approval from home owners, for redeveloping or changing the use of some or all of the park;

(D) A management agreement for how the park will be operated if the public entity purchases the park;

(E) Any changes to park rules or regulations that apply if the public entity purchases the park; and

(F) Any agreement between the parties regarding the transfer of statutory responsibilities associated with managing the park, and any limitations or waivers of liability.

(II) A public entity shall only exercise its right of first refusal for the purpose of preserving the mobile home park as long-term affordable housing. The public entity may designate a housing authority or other political subdivision to purchase the park pursuant to the public entity's right of first refusal for this purpose if the option for a designation is expressly agreed to in the assignment contract.

(III) The public entity or its designee shall promptly provide notice of the assignment contract to the landlord.

(c) (I) If a landlord receives notice that a group or association of home owners has entered an assignment contract with a public entity pursuant to subsection (8)(b) of this section, the landlord shall provide a right of first refusal to the public entity or its designee. Any purchase and sale agreement entered into by the landlord must be contingent upon the right of first refusal of the public entity or its designee to purchase the mobile home park.

(II) Within thirty days after receiving notice of an assignment contract, the landlord shall provide the public entity or its designee with the terms upon which the landlord would accept an offer to sell the park or a contingent purchase and sale agreement that is effective upon its execution. The public entity has one hundred twenty days from the date the public entity or its designee receives the terms or contingent purchase and sale agreement to notify the landlord of the public entity's intent to purchase the mobile home park or of the public entity's intent to facilitate the purchase of the mobile home park by its designee.

(III) The landlord shall sell the mobile home park to the public entity or its designee if, within the one-hundred-twenty-day period, the public entity or its designee:

(A) Notifies the landlord of its intent to purchase the park or facilitate the purchase of the park by its designee;

(B) Accepts the contingent purchase and sale agreement provided by the landlord or offers the landlord terms that are economically substantially identical to the terms of the contingent purchase and sale agreement or to the terms the landlord provided pursuant to subsection (8)(c)(II) of this section; and

(C) Commits to close within one hundred twenty days from the date the public entity or its designee and the owner sign a purchase and sale agreement.

(IV) For the purpose of determining whether the terms of an offer are economically substantially identical under subsection (8)(c)(III)(B) of this section, it is immaterial how the offer would be financed.

(d) A landlord shall not take any action that would preclude the public entity or its designee from succeeding to the rights of and assuming the obligations of the designee of the terms of the contingency purchase and sale agreement or negotiating with the landlord for the purchase of the mobile home park during the notice periods identified in this section.

(e) In addition to any other times, during the notice periods identified in this section, a public entity may pursue preservation of the mobile home park as affordable housing through negotiation for purchase or through condemnation.

(f) As used in this subsection (8), "public entity" means the state, an agency of the state, a local government, a tribal government, or any political subdivision of the state, a local government, or a tribal government.

(9) Independence of time limits and notice provisions. (a) Except as provided in subsection (9)(b) of this section, each occurrence of a triggering event listed in subsection (1)(a) of this section creates an independent, one-hundred-twenty-day opportunity to purchase for the group or association of home owners or their assignees. If a one-hundred-twenty-day opportunity to purchase is in effect and a new triggering event occurs, the ongoing one-hundred-twenty-day time period terminates and a new one-hundred-twenty-day time period begins on the latest date on which the landlord gives notice, as required by subsection (1)(a) or (2) of this section, of the new triggering event.

(b) A landlord is not required to provide a new or subsequent notice of intent to sell for each triggering event listed in subsection (1)(a) of this section if:

(I) (A) The new demonstration of intent occurs within sixty calendar days of the certified mailing of the most recent notice under subsection (2) of this section; and

(B) There are no material changes to the identity of a potential buyer if the landlord has made a conditional agreement with a buyer; to the time when the park is listed for sale; or to the price, terms, and conditions of an acceptable offer the landlord has received to sell the mobile home park or for which the landlord intends to sell the park, which were included in the most recent notice provided pursuant to subsection (1)(a) of this section; or

(II) The landlord is only considering an offer from a group or association of home owners who reside in the park; except that a landlord shall provide a new or subsequent notice if at any point there is a new triggering event specified in subsection (1)(a) of this section involving a different party.

(b.5) Any material change to the price, terms, and conditions of an acceptable offer the landlord has received to sell the mobile home park or for which the landlord intends to sell the park is considered a new triggering event, requiring a new notice pursuant to subsection (1)(a) of this section and creating a new one-hundred-twenty-day time period.

(c) A notice required under this section is in addition to, and does not substitute for or affect, any other notice requirement under this part 2.

(10) A landlord shall not make a final, unconditional acceptance of any offer for the sale or transfer of the park until:

(a) The landlord has considered an offer made by a group or association of home owners or their assignees pursuant to subsections (4), (5), and (8) of this section; or

(b) The applicable period for exercise of the opportunity to purchase has expired pursuant to subsection (6) of this section.

(11) Failure to complete transaction - affidavit of compliance. If the group or association of home owners or their assignees are not the successful purchaser of the park, the landlord shall provide evidence of compliance with this section by filing an affidavit of compliance with:

(a) The municipality or, if the park is in an unincorporated area, the county, within which the park is located; and

(b) The division of housing in the department of local affairs.

(12) Exemptions from notice requirement. Notwithstanding any provision to the contrary, a landlord is not required to give notice or extend an opportunity to purchase to a group or association of home owners or their assignees if the sale, transfer, or conveyance of the mobile home park is:

(a) To a spouse, a partner in a civil union, or a parent, sibling, aunt, uncle, first cousin, or legally recognized child of the landlord;

(b) To a trust the beneficiaries of which are the spouse, partner in a civil union, or legally recognized children of the landlord;

(c) (I) To a business entity or trust that the transferring business entity or trust controls, directly or indirectly.

(II) As used in this subsection (12)(c), "controls" means:

(A) Owns entirely as a subsidiary;

(B) Owns a majority interest in; or

(C) Owns as large an ownership interest as any other owner, with a minimum ownership interest of twenty-five percent.

(d) To a family member who is included within the line of intestate succession if the landlord dies intestate;

(e) Between joint tenants or tenants in common; or

(f) Pursuant to eminent domain.

(13) To qualify for an exemption under subsection (12) of this section, a transaction must not be made in bad faith, must be made for a legitimate business purpose or a legitimate familial purpose consistent with the exemptions listed in subsection (12) of this section, and must not be made for the primary purpose of avoiding the opportunity-to-purchase provisions set forth in this section.

(14) Triggering events not essential. (a) A group or association of home owners or their assignees may submit an offer to purchase to a landlord at any time, even if none of the events listed in subsection (1)(a) of this section has occurred.

(b) The landlord shall consider in good faith any offer made in accordance with subsection (14)(a) of this section.

(15) Penalties and enforcement. (a) (I) For purposes of this title 38, the rights accorded to home owners in this section are property interests.

(II) Any title transferred subsequent to the triggering events in subsection (1)(a) of this section is defective unless the property interests of the home owners as set forth in subsection (15)(a)(I) of this section are secured or until an equitable remedy has been provided.

(b) If the division of housing in the department of local affairs receives a complaint filed in accordance with part 11 of this article 12, the division shall investigate the alleged violations at the division's discretion, and, if appropriate, facilitate negotiations between the complainant and respondent in accordance with part 11 of this article 12. The division may also investigate possible violations of this section upon its own initiative. In addition to the remedies described in section 38-12-1105, the division may:

(I) Impose a fine on the seller of the mobile home park in an amount not to exceed thirty percent of the sale or listing price of the park, whichever is greater, which the division shall distribute to the home owners in the park; or

(II) File a civil action for injunctive or other relief in the district court for the district in which the park is located.

(c) Subject to available resources, the attorney general may investigate possible violations of this section. If the attorney general makes a preliminary finding that a landlord or seller of a mobile home park substantially failed to comply with this section, and if continuation of the sale is likely to result in significant harm to the property interests of the home owners as set forth in subsection (15)(a)(II) of this section, the attorney general:

(I) Shall inform the registrar of titles that the home owners with property interests under this section have an adverse claim on the property, which must be recorded on the certificate of title;

(II) May, pursuant to section 38-36-131 and subject to the time limits of section 38-36-132, issue an order providing temporary injunctive relief to preserve the ownership status quo if the order is issued prior to a transfer of title or to revert the ownership to status quo ante subject to the limitations of article 41 of this title 38 if the order is issued after the transfer of title; and

(III) May continue to investigate, negotiate, and, if appropriate, file a civil action to secure and enforce the rights of home owners under this section or to secure an equitable remedy on their behalf.

(d) One or more home owners or their assignees may file a civil action alleging a violation of this section pursuant to section 38-12-220.
C.R.S. § 38-35-107 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-107
38-35-107. Recitals in deeds prima facie evidence - when
Status: in_force

38-35-107. Recitals in deeds prima facie evidence - when. All recitals contained in deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property that have remained of record in the office of the county clerk and recorder of the county where the real property affected is situated for a period of twenty years shall be accepted and received as prima facie evidence of the facts recited therein. This section shall not apply to the recitals, exceptions, and reservations described in section 38-35-108 and affidavits described in section 38-35-109 (5).
C.R.S. § 38-36-183 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-183
38-36-183. Examiner of titles to advise registrar - other powers
Status: in_force

38-36-183. Examiner of titles to advise registrar - other powers. Examiners of title shall, upon the request of the registrar of titles, advise him upon any act or duty pertaining to the conduct of his office and shall, upon request, prepare the form of any memorial to be made or entered by the registrar of titles. The examiner of titles has full power to administer oaths and examine witnesses involved in his investigation of titles.
C.R.S. § 38-33.3-213 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-213
38-33.3-213. Subdivision of units
Status: in_force

38-33.3-213. Subdivision of units. (1) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, and pursuant to the procedures described in this section, a unit owner may apply to the association to subdivide a unit.

(2) In order to subdivide a unit, the unit owner of such unit, as the applicant, must submit an application to the executive board, which application shall be executed by such owner and shall include:

(a) Evidence that the applicant of the proposed subdivision shall have complied with all building codes, fire codes, zoning codes, planned unit development requirements, master plans, and other applicable ordinances or resolutions adopted and enforced by the local governing body and that the proposed subdivision does not violate the terms of any document evidencing a security interest encumbering the unit;

(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 units which are created by the subdivision 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 subdivision of 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. § 38-12-212.4 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-212.4
38-12-212.4. Required disclosure and notice of water usage and billing - responsibility for l
Status: in_force

38-12-212.4. Required disclosure and notice of water usage and billing - responsibility for leaks. (1) If the management charges home owners or residents individually for water usage in the park, then, on or before January 31 of each year, the management shall provide to each home owner and resident and post in both English and Spanish in a clearly visible location in at least one common area of the mobile home park the following information:

(a) The methodology by which the management calculates the amount charged to each home owner or resident for water usage on the home owner's or resident's lot;

(b) The methodology by which the management calculates the amount charged to each home owner or resident for water usage in common areas of the mobile home park; and

(c) The current residential water rate schedule of the water utility or municipal water service provider that supplies water to the park.

(2) If the management charges home owners or residents for water usage in the park, whether individually or in an aggregate amount, the management shall provide to each home owner or resident a monthly water bill that indicates the amount owed by the home owner or resident, the total amount owed by all the residents in the mobile home park, and, if the management purchases the water from a provider, the total amount paid by the management to the provider.

(3) The management shall not charge a home owner or resident for any costs in addition to the actual cost of water billed to the management.

(4) The management shall use a methodology that is reasonable, equitable, and consistent for billing home owners or residents for any type of water usage.

(5) If the management learns of a leak in a water line inside the park, the management shall notify each home owner and resident of the leak within twenty-four hours.

(6) The management shall not bill a home owner or resident for any water usage that is caused by a leak in a water line inside the park.
C.R.S. § 38-12-102 — CO Code / Title 38 / Article 12 / Part 1 / Section 38-12-102
38-12-102. Definitions
Status: in_force

38-12-102. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Home owner" has the meaning set forth in section 38-12-201.5 (2).

(2) "Landlord" means a landlord, as defined in section 38-12-502 (5), or the management or landlord of a mobile home park, as defined in section 38-12-201.5 (3).

(3) "Late fee" means a monetary sum that a landlord charges a tenant or home owner as a result of the tenant's or home owner's failure to timely pay rent and that is determined pursuant to a rental agreement between the landlord and the tenant or home owner.

(4) "Normal wear and tear" means deterioration that occurs, based upon the use for which a rental unit or mobile home space, as defined in section 38-12-201.5 (6.5), is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or home owner or members of the tenant's or home owner's household or their invitees or guests.

(5) "Rent subsidy provider" means a public or private entity, including a public housing authority, that provides ongoing financial assistance to a landlord for the purpose of subsidizing rent.

(6) "Security deposit" means any advance or deposit of money, regardless of its denomination, the primary function of which is to secure the performance of a rental agreement for a residential premises or any part of a residential premises.

(7) "Tenant" has the meaning set forth in section 38-12-502 (9).
C.R.S. § 38-45-104 — CO Code / Title 38 / Article 45 / Section 38-45-104
38-45-104. Carbon monoxide alarms in rental properties
Status: in_force

38-45-104. Carbon monoxide alarms in rental properties. (1) Except as provided in subsection (5) of this section, any single-family dwelling or dwelling unit in a multi-family dwelling used for rental purposes and that includes fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which requires a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall be subject to the requirements specified in sections 38-45-102 and 38-45-103.

(2) Except as provided in subsection (5) of this section, each existing single-family dwelling or existing dwelling unit in a multi-family dwelling that is used for rental purposes that has a change in tenant occupancy on or after July 1, 2009, shall be subject to the requirements specified in sections 38-45-102 and 38-45-103.

(3) (a) Notwithstanding any other provision of law, the owner of any rental property specified in subsections (1) and (2) of this section shall:

(I) Prior to the commencement of a new tenant occupancy, replace any carbon monoxide alarm that was stolen, removed, found missing, or found not operational after the previous occupancy;

(II) Ensure that any batteries necessary to make the carbon monoxide alarm operational are provided to the tenant at the time the tenant takes residence in the dwelling unit;

(III) Replace any carbon monoxide alarm if notified by a tenant as specified in paragraph (c) of subsection (4) of this section that any carbon monoxide alarm was stolen, removed, found missing, or found not operational during the tenant's occupancy; and

(IV) Fix any deficiency in a carbon monoxide alarm if notified by a tenant as specified in paragraph (d) of subsection (4) of this section.

(b) Except as provided in paragraph (a) of this subsection (3), the owner of a single-family dwelling or dwelling unit in a multi-family dwelling that is used for rental purposes is not responsible for the maintenance, repair, or replacement of a carbon monoxide alarm or the care and replacement of batteries for such an alarm.

(4) Notwithstanding any other provision of law, the tenant of any rental property specified in subsections (1) and (2) of this section shall:

(a) Keep, test, and maintain all carbon monoxide alarms in good repair;

(b) Notify, in writing, the owner of the single-family dwelling or dwelling unit of a multi-family dwelling, or the owner's authorized agent, if the batteries of any carbon monoxide alarm need to be replaced;

(c) Notify, in writing, the owner of the single-family dwelling or dwelling unit of a multi-family dwelling, or the owner's authorized agent, if any carbon monoxide alarm is stolen, removed, found missing, or found not operational during the tenant's occupancy of the single-family dwelling or dwelling unit in the multi-family dwelling; and

(d) Notify, in writing, the owner of the single-family dwelling or dwelling unit of a multi-family dwelling, or the owner's authorized agent, of any deficiency in any carbon monoxide alarm that the tenant cannot correct.

(5) Notwithstanding the requirements of section 38-45-103 (1) and (2), so long as there is a centralized alarm system or other mechanism for a responsible person to hear the alarm at all times in a multi-family dwelling used for rental purposes, such multi-family dwelling may have an operational carbon monoxide alarm installed within twenty-five feet of any fuel-fired heater or appliance, fireplace, or garage or in a location as specified in any building code adopted by the state or any local government entity.

(6) No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.
C.R.S. § 38-44-112 — CO Code / Title 38 / Article 44 / Section 38-44-112
38-44-112. Agreements
Status: in_force

38-44-112. Agreements. Any uncertain line, uncertain corner, or uncertain boundary of an existing parcel of land that is recorded in the real estate records in the office of the clerk and recorder for the county where the land is located and that is in dispute may be determined and permanently established by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a map or plat thereof that shall be recorded as an instrument affecting real estate, and shall be binding upon their heirs, successors, and assigns. If the map or plat is prepared by a licensed professional land surveyor, monuments shall be set for any line, corner, or boundary included in the agreement.
C.R.S. § 38-41-209 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-209
38-41-209. Insurance proceeds
Status: in_force

38-41-209. Insurance proceeds. Whenever the improvements on property which has been homesteaded are insured in favor of a person entitled to the exemption and a loss is incurred entitling such person to the insurance or a part thereof, such insurance proceeds to the amount of the exemption shall be exempt in the same manner as provided for a sale of the homesteaded property.
C.R.S. § 38-36-211 — CO Code / Title 38 / Article 36 / Part 2 / Section 38-36-211
38-36-211. Maintenance of records
Status: in_force

38-36-211. Maintenance of records. After recording a certificate of title under section 38-36-205 or 38-36-206, a registrar shall continue to preserve and maintain all records that have been received under this article 36.
C.R.S. § 38-20-103 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-103
38-20-103. Pet animal contract to be filed
Status: in_force

38-20-103. Pet animal contract to be filed. All contracts, or copies thereof, made by the owner of any pet animal with any other person, including a feeder, for the caring for the same for pay, or on shares, or in any other manner may be filed with the county clerk and recorder of the county where the owners or either of them reside, if they reside in the state, and, if the owners or either of them do not reside in the state, the copies may be filed with the county clerk and recorder of the county in which the contract was made. When such copies are so filed they shall be notice to everyone of the contents of such contracts and of the legal effect thereof.
C.R.S. § 38-46-102 — CO Code / Title 38 / Article 46 / Section 38-46-102
38-46-102. Applicability of article
Status: in_force

38-46-102. Applicability of article. (1) Except as provided in subsection (2) of this section, this article 46 applies to:

(a) A contract that:

(I) Has a price of at least one hundred fifty thousand dollars; and

(II) Is made between a property owner and a contractor;

(b) A subcontract to a contract described in subsection (1)(a) of this section, notwithstanding that the subcontract price is less than one hundred fifty thousand dollars; and

(c) A supply agreement that is made to supply materials, goods, or equipment used to perform a contract notwithstanding that the supply agreement price is less than one hundred fifty thousand dollars.

(2) This article 46 does not apply to:

(a) A single contract that governs the building of either:

(I) One single-family dwelling; or

(II) One multifamily dwelling with no more than four family dwelling units; or

(b) A contract with a public entity, as defined in section 24-91-102 (3).
C.R.S. § 38-14-101 — CO Code / Title 38 / Article 14 / Section 38-14-101
38-14-101. Legislative declaration
Status: in_force

38-14-101. Legislative declaration. The general assembly hereby finds and declares that the growth and maintenance of museum collections, both public and private, is a matter of general public interest to the citizens of Colorado. Because museums of all kinds depend upon loans of various articles of property to augment their collections and because uncertainty regarding title to and responsibility for loaned property is a hindrance to museums in their efforts to maintain, repair, and dispose of property in their possession, it is the purpose of this article to fairly and reasonably allocate responsibilities and to provide rules for the determination of title and financial responsibilities in certain cases.
C.R.S. § 38-24.5-102 — CO Code / Title 38 / Article 24.5 / Section 38-24.5-102
38-24.5-102. Who may have lien - amount
Status: in_force

38-24.5-102. Who may have lien - amount. (1) Every harvester shall have a lien upon the grain and other crops harvested for and on account of harvesting. A lien on grain or other crops shall be charged for at the prevailing price for a particular locality in which such grain or other crop is harvested after notice has been given and a lien has been filed within the time provided under section 38-24.5-103.

(2) If the prevailing price for harvesting is disputed by the harvester or the owner, the matter may be submitted to arbitration under the provisions of rule 109 of the Colorado rules of civil procedure.
C.R.S. § 38-12-215 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-215
38-12-215. New developments and parks - rental of sites to dealers authorized
Status: in_force

38-12-215. New developments and parks - rental of sites to dealers authorized. (1) The management of a new mobile home park or manufactured housing community development may require as a condition of leasing a mobile home site or manufactured home site for the first time such site is offered for lease that the prospective lessee has purchased a mobile home or manufactured home from a particular seller or from any one of a particular group of sellers.

(2) A licensed mobile home dealer or a manufactured home dealer may, by contract with the management of a new mobile home park or manufactured housing community development, be granted the exclusive right to first-time rental of one or more mobile home sites or manufactured home sites.
C.R.S. § 38-4-102 — CO Code / Title 38 / Article 4 / Section 38-4-102
38-4-102. Pipeline companies
Status: in_force

38-4-102. Pipeline companies. Any foreign or domestic corporation organized or chartered for the purpose, among other things, of conducting or maintaining a pipeline for the transmission of power, water, air, or gas for hire to any mine or mining claim or for any manufacturing, milling, mining, or public purpose shall have the right-of-way for the construction, operation, and maintenance of such pipeline for such purpose through any lands without the consent of the owner thereof, if such right-of-way is necessary for the purpose for which said pipeline is used.
C.R.S. § 38-13-704 — CO Code / Title 38 / Article 13 / Part 7 / Section 38-13-704
38-13-704. Purchaser owns property after sale
Status: in_force

38-13-704. Purchaser owns property after sale. A purchaser of property at a sale conducted by the administrator under this article 13 takes the property free of all claims of the owner, a previous holder, or a person claiming through the owner or holder. The administrator shall execute documents necessary to complete the transfer of ownership to the purchaser.
C.R.S. § 38-33-103 — CO Code / Title 38 / Article 33 / Section 38-33-103
38-33-103. Definitions
Status: reserved

38-33-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Condominium unit" means an individual air space unit together with the interest in the common elements appurtenant to such unit.

(2) "Declaration" is an instrument recorded pursuant to section 38-33-105 and which defines the character, duration, rights, obligations, and limitations of condominium ownership.

(3) Unless otherwise provided in the declaration or by written consent of all the condominium owners, "general common elements" means: The land or the interest therein on which a building or buildings are located; the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of such building or buildings; the basements, yards, gardens, parking areas, and storage spaces; the premises for the lodging of custodians or persons in charge of the property; installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, central air conditioning, and incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; such community and commercial facilities as may be provided for in the declaration; and all other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use.

(4) "Individual air space unit" consists of any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used for residential, professional, commercial, or industrial purposes which has access to a public street.

(5) "Limited common elements" means those common elements designated in the declaration as reserved for use by fewer than all the owners of the individual air space units.
C.R.S. § 38-30.5-102 — CO Code / Title 38 / Article 30.5 / Section 38-30.5-102
38-30.5-102. Conservation easement in gross
Status: in_force

38-30.5-102. Conservation easement in gross. "Conservation easement in gross", for the purposes of this article, means a right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area, airspace above the land or water, or water rights beneficially used upon that land or water area, owned by the grantor appropriate to the retaining or maintaining of such land, water, airspace, or water rights, including improvements, predominantly in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest, or other use or condition consistent with the protection of open land, environmental quality or life-sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural interest or value.
C.R.S. § 38-33.3-209 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-209
38-33.3-209. Plats and maps
Status: reserved

38-33.3-209. Plats and maps. (1) A plat or map is a part of the declaration and is required for all common interest communities except cooperatives. A map is required only for a common interest community with units having a horizontal boundary. The requirements of this section shall be deemed satisfied so long as all of the information required by this section is contained in the declaration, a map or a plat, or some combination of any two or all of the three. Each plat or map must be clear and legible. When a map is required under any provision of this article, the map, a plat, or the declaration shall contain a certification that all information required by this section is contained in the declaration, the map or a plat, or some combination of any two or all of the three.

(2) In addition to meeting the requirements of a land survey plat as set forth in section 38-51-106, each map shall show the following, except to the extent such information is contained in the declaration or on a plat:

(a) The name and a general schematic plan of the entire common interest community;

(b) The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real estate;

(c) A legally sufficient description, which may be of the whole common interest community or any portion thereof, of any real estate subject to development rights and a description of the rights applicable to such real estate;

(d) The extent of any existing encroachments across any common interest community boundary;

(e) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the common interest community;

(f) The location and dimensions of the vertical boundaries of each unit and that unit's identifying number;

(g) The location, with reference to established data, of the horizontal boundaries of each unit and that unit's identifying number;

(g.5) Any units in which the declarant has reserved the right to create additional units or common elements, identified appropriately;

(h) A legally sufficient description of any real estate in which the unit owners will own only an estate for years;

(i) The distance between noncontiguous parcels of real estate comprising the common interest community; and

(j) The approximate location and dimensions of limited common elements, including porches, balconies, and patios, other than the limited common elements described in section 38-33.3-202 (1)(b) and (1)(d).

(3) (Deleted by amendment, L. 93, p. 648, § 12, effective April 30, 1993.)

(4) (Deleted by amendment, L. 2007, p. 1799, § 1, effective July 1, 2007.)

(5) Unless the declaration provides otherwise, the horizontal boundaries of any part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and maps.

(6) Upon exercising any development right, the declarant shall record an amendment to the declaration with respect to that real estate reflecting change as a result of such exercise necessary to conform to the requirements of subsections (1), (2), and (4) of this section or new certifications of maps previously recorded if those maps otherwise conform to the requirements of subsections (1), (2), and (4) of this section.

(7) Any certification of a map required by this article must be made by a registered land surveyor.

(8) The requirements of a plat or map under this article shall not be deemed to satisfy any subdivision platting requirement enacted by a county or municipality pursuant to section 30-28-133, C.R.S., part 1 of article 23 of title 31, C.R.S., or a similar provision of a home rule city, nor shall the plat or map requirements under this article be deemed to be incorporated into any subdivision platting requirements enacted by a county or municipality.

(9) Any plat or map that was recorded on or after July 1, 1998, but prior to July 1, 2007, and that satisfies the requirements of this section in effect on July 1, 2007, is deemed to have satisfied the requirements of this section at the time it was recorded.
C.R.S. § 38-38-503 — CO Code / Title 38 / Article 38 / Part 5 / Section 38-38-503
38-38-503. Form of confirmation deed for sheriff's sale
Status: in_force

38-38-503. Form of confirmation deed for sheriff's sale. The confirmation deed executed by the sheriff in case of a sale by virtue of an execution and levy or judgment and decree shall state the judgment under which the property described was sold and the execution or decree date and may be in substantially the following form:

THIS DEED is made , 20 , between as sheriff of the County of , Colorado, and , grantee, (the holder of the certificate of purchase) (the holder of the certificate of redemption issued to the lienor last redeeming), whose legal address is .

WHEREAS, did, in the court for and County of , Colorado, (recover a judgment against for the sum of dollars and costs of suit and upon which judgment an execution was issued) (obtain a judgment and decree against ) dated , 20 , directed to the sheriff of the County of , Colorado; and

WHEREAS, by virtue of said (execution) (judgment and decree), the sheriff levied upon the property hereinafter described and, after public notice had been given of the time and place of sale as required by law, said property was offered for sale and sold according to said notice, and a certificate of purchase was made and recorded in the office of the county clerk and recorder; and

WHEREAS, all periods of redemption have expired.

NOW, THEREFORE, I, , sheriff of the County of , Colorado, in consideration of the premises, confirm the sale and sell and convey to grantee the following described property, located in the County of , Colorado:

(describe property)

also known by street and number as .

TO HAVE AND TO HOLD the same, with all appurtenances thereunto, forever.
C.R.S. § 38-24-106 — CO Code / Title 38 / Article 24 / Section 38-24-106
38-24-106. Perfecting of lien on removed property - when
Status: in_force

38-24-106. Perfecting of lien on removed property - when. Whenever any person removes any property subject to a lien under this article out of the county in which the statement has been filed, the lien claimant may file, within thirty days after receiving notice of such removal, with the county clerk and recorder of the county to which such property has been removed, an inventory of said property so removed, showing the amount due and unpaid thereon, which inventory shall be filed in the lien records of such county. Such filing shall operate as a notice of the existence of the lien, and it shall thereupon attach to and extend to the leasehold and other premises, properties, and appurtenances with which said property so removed has been put in use or to which it has attached if it is of the kind and character enumerated in section 38-24-101. If said leasehold, premises, properties, and appurtenances belong to some party other than the party originally contracting with the lien claimant, the lien shall be limited to the property and chattels so removed. The benefits of this section as regards removal shall apply even though such removal is to another locality in the same county.
C.R.S. § 38-27-106 — CO Code / Title 38 / Article 27 / Section 38-27-106
38-27-106. Applicability
Status: in_force

38-27-106. Applicability. This article shall apply only to liens for hospital services and care rendered on or after June 12, 1967.
C.R.S. § 38-6-204 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-204
38-6-204. Defendants - guardian ad litem
Status: in_force

38-6-204. Defendants - guardian ad litem. The owners of all property sought to be condemned for the proposed improvement or who would be damaged by said improvement shall be made parties defendant. If the proceeding seeks to affect land owned by a minor or mental incompetent under legal disabilities, the legal guardian or conservator of such person shall be made party defendant. If such person has no legal guardian, the district court shall have the power to appoint a guardian ad litem to represent such person.
C.R.S. § 38-24.7-103 — CO Code / Title 38 / Article 24.7 / Section 38-24.7-103
38-24.7-103. How lien obtained - lien statement
Status: in_force

38-24.7-103. How lien obtained - lien statement. Every distributor intending to avail himself or herself of the benefits of this article shall serve on the retailer or other commercial user by certified or registered mail, return receipt requested, or by personal service, within sixty days after completing the delivery of transportation fuel and record in the office of the county clerk and recorder of the county where the retailer or other commercial user is located, a statement containing a just and true account of the amount due to the distributor, after allowing all just credits and offsets, and containing a correct description of the taxes paid for the delivery of transportation fuel to the retailer or other commercial user and an affidavit of service or mailing of the statement. Any immaterial error or mistake in the account or description of the taxes paid does not invalidate the lien. The statement required by this section must include the name of the distributor, the name of the retailer or other commercial user, and the physical address of the retailer or other commercial user in the county where the retailer or other commercial user is located. The statement must also include the name and physical address of any other person, if any, against whose property the lien is filed and a description of the property to be charged with the lien.
C.R.S. § 38-7.5-103 — CO Code / Title 38 / Article 7.5 / Section 38-7.5-103
38-7.5-103. Vesting of title - procedure
Status: in_force

38-7.5-103. Vesting of title - procedure. (1) When the certified report of the commissioners is filed with the clerk of the court, the clerk shall notify all parties named in the motion for vesting of the filing of the report and of the amount preliminarily found to constitute just compensation.

(2) (a) Within seven days of receipt of the notice described in subsection (1) of this section, the petitioner shall deposit the sum of money preliminarily found to constitute just compensation by the commissioners to the court or the clerk of the court for the use of the respondent named in the motion for vesting.

(b) If the petitioner has filed a motion for a new report under section 38-7.5-102 (5) and the motion is denied, the deposit is not due until seven days following the court's ruling on the motion. If the motion is granted by the court, the clerk of the court shall provide a new notice upon receipt of the new report.

(3) (a) Upon payment to the court or the clerk of the court of the sum described in subsection (2) of this section by the petitioner, the court shall enter an order vesting in the petitioner the fee simple title, or such lesser estate, interest, or easement as may be required, to the property as requested in the motion for vesting on such date as the court considers proper, and shall fix a date on which the petitioner is authorized to take possession of and to use the property. A certified copy of the order must be recorded and indexed in the clerk and recorder's office of the county in which the property is located in like manner and with like effect as if it were a deed of conveyance from the owners and parties interested to the proper parties.

(b) If there is more than one person interested as owner or otherwise in the property and they are unable to agree upon the nature, extent, or value of their respective interests in the total amount of compensation so ascertained and assessed on an undivided basis, the nature, extent, or value of said interests must be determined according to law in a separate and subsequent proceeding and distribution made among the several claimants.

(4) At the request of any affected party and upon a showing of undue hardship or other good cause, the petitioner's authority to take possession of the property must be postponed for more than fourteen days after the date of vesting of title or more than twenty-one days after the entry of an order that does not vest title in the petitioner. If postponement occurs, the affected party shall pay to the petitioner a reasonable rental for such property, the amount thereof to be determined by the court.
C.R.S. § 38-12-803 — CO Code / Title 38 / Article 12 / Part 8 / Section 38-12-803
38-12-803. Disclosure - elevated radon - definition
Status: in_force

38-12-803. Disclosure - elevated radon - definition. (1) A tenant that rents residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.

(2) (a) Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure:

(I) A warning statement in bold-faced type that is clearly legible in substantially the same form as is specified as follows:

The Colorado Department of Public Health and Environment strongly recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.

Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property.

(II) Any knowledge the landlord has of the residential real property's radon concentrations, including the following information:

(A) Whether a radon test or tests have been conducted on the residential real property;

(B) The most current records and reports pertaining to radon concentrations within the residential real property;

(C) A description of any radon concentrations detected or mitigation or remediation performed; and

(D) Information regarding any radon mitigation system, including a system description and documentation, if a radon mitigation system has been installed in the residential real property; and

(III) A copy of the most recent brochure published by the department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.

(b) The tenant shall acknowledge receipt of the information described in subsection (2)(a) of this section by signing the disclosure.

(3) (a) Subject to subsection (3)(b) of this section, a tenant may void a lease agreement and vacate the premises in accordance with section 38-12-507 if the landlord fails to:

(I) Provide the written disclosures described in subsection (2) of this section; or

(II) Make a reasonable effort to mitigate radon within one hundred eighty days after being notified that a radon measurement professional has determined the air concentration of radon is four picocuries per liter or more.

(b) On or after January 1, 2026, this subsection (3) does not apply to a lease agreement that is one year or less in duration.

(4) As used in this section, "residential real property" includes:

(a) A single-family home, manufactured home, mobile home, condominium, apartment, townhome, or duplex; or

(b) A home sold by the owner, a financial institution, or the United States department of housing and urban development.
C.R.S. § 38-24.7-101 — CO Code / Title 38 / Article 24.7 / Section 38-24.7-101
38-24.7-101. Definitions
Status: in_force

38-24.7-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Distributor" has the same meaning as set forth in section 39-27-101, C.R.S.

(2) "Retailer or other commercial user" means a commercial entity involved in the use of transportation fuel for a taxable purpose under article 27 of title 39, C.R.S.

(3) "Taxes" means the tax on gasoline and special fuel imposed under article 27 of title 39, C.R.S.

(4) "Transportation fuel" means any flammable liquid used primarily as a fuel for the propulsion of motor vehicles, motor boats, or aircraft and includes diesel fuel.
C.R.S. § 38-22.5-102 — CO Code / Title 38 / Article 22.5 / Section 38-22.5-102
38-22.5-102. Definitions
Status: in_force

38-22.5-102. Definitions. As used in this article 22.5, unless the context otherwise requires:

(1) "Agreement" means a written listing agreement, written compensation agreement, or other written agreement between a real estate broker and an owner that grants the real estate broker a right to compensation for professional services in connection with leasing or attempting to lease commercial real estate.

(2) "Commercial real estate" means any real property other than real property containing one to four residential units. "Commercial real estate" does not include single-family or multi-family residential units including condominiums, townhouses, or homes in a subdivision when such real estate is sold, leased, or otherwise conveyed on a unit-by-unit basis even though the units may be part of a larger building or parcel of real property containing more than four residential units.

(3) "Owner" means the owner of record of real estate and includes an agent of such owner.

(4) "Real estate broker" has the meaning set forth in section 12-10-201 (6).

(5) "Renewal commission" means an additional commission that may become payable to a real estate broker if a lease is later renewed or modified to expand the leased premises or extend the lease term.
C.R.S. § 38-13-1001 — CO Code / Title 38 / Article 13 / Part 10 / Section 38-13-1001
38-13-1001. Verified report of property
Status: in_force

38-13-1001. Verified report of property. (1) If a person does not file a report required by section 38-13-401 or the administrator believes that a person may have filed an inaccurate, incomplete, or false report, the administrator may require the person to file a verified report in a form prescribed by the administrator. The report must:

(a) State whether the person is holding property reportable under this article 13;

(b) Describe property not previously reported or about which the administrator has inquired;

(c) Specifically identify property described under subsection (1)(b) of this section about which there is a dispute whether it is reportable under this article 13; and

(d) State the amount or value of the property.
C.R.S. § 38-10-116 — CO Code / Title 38 / Article 10 / Section 38-10-116
38-10-116. Lawful agent may subscribe
Status: in_force

38-10-116. Lawful agent may subscribe. Every instrument required by any of the provisions of this article to be subscribed by any party may be subscribed by the lawful agent of such party.
C.R.S. § 38-35-105 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-105
38-35-105. Foreign instruments, prima facie evidence
Status: in_force

38-35-105. Foreign instruments, prima facie evidence. All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property in this state purporting to have been acknowledged or proved out of this state before a notary public or other officer empowered by the laws of this state to take acknowledgments, if the form of acknowledgment is in substantial compliance with the laws of the state or territory where taken or in substantial compliance with the requirement of this article, shall be deemed prima facie to have been properly acknowledged or proved before proper officers, and such deeds or other instruments in writing or the record thereof or a certified copy of the record thereof shall be received as prima facie evidence of the execution, acknowledgment, and delivery thereof.
C.R.S. § 38-35-106.5 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-106.5
38-35-106.5. Written instruments - information regarding property description
Status: in_force

38-35-106.5. Written instruments - information regarding property description. Except as otherwise provided in this article, any deed, power of attorney, agreement, or other instrument in writing executed and recorded on or after July 1, 1992, which contains a newly created legal description of real property shall include the name and address of the person who created such legal description. Nothing in this section shall affect the validity or recordability of any instrument which is prepared in violation of this section. Nothing in this section shall confer liability upon a person who prepares any instrument which is in violation of this section.
C.R.S. § 38-13-1005 — CO Code / Title 38 / Article 13 / Part 10 / Section 38-13-1005
38-13-1005. Evidence of unpaid debt or undischarged obligation
Status: in_force

38-13-1005. Evidence of unpaid debt or undischarged obligation. (1) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.

(2) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in subsection (1) of this section or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.

(3) A putative holder may overcome prima facie evidence under subsection (1) of this section by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:

(a) Issued as an unaccepted offer in settlement of an unliquidated amount;

(b) Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;

(c) Issued to a party affiliated with the issuer;

(d) Paid, satisfied, or discharged;

(e) Issued in error;

(f) Issued without consideration;

(g) Issued but there was a failure of consideration;

(h) Voided not later than ninety days after issuance for a valid business reason set forth in a contemporaneous record; or

(i) Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.

(4) In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice.
C.R.S. § 38-30-142 — CO Code / Title 38 / Article 30 / Section 38-30-142
38-30-142. Prior deeds and conveyances by commissioners validated
Status: in_force

38-30-142. Prior deeds and conveyances by commissioners validated. All deeds and conveyances of any real estate, formerly belonging to any county conveyed prior to April 4, 1947, by deed signed and acknowledged by the members of the board of county commissioners of such county and attested by the county clerk and recorder of such county, with the official seal thereof affixed, shall be deemed and held to be legal, valid, and binding conveyances of the real estate therein described in all respects and in the same manner as though said deeds or conveyances had been signed by a commissioner appointed for the purpose of selling and conveying the same on behalf of such county.
C.R.S. § 38-4-116 — CO Code / Title 38 / Article 4 / Section 38-4-116
38-4-116. Companies to furnish power - fees
Status: in_force

38-4-116. Companies to furnish power - fees. Any such pipeline corporation or electric power transmission corporation, subject to its reasonable regulations, shall furnish to the owners of mining properties power from said pipelines or electric power transmission lines upon payment to it at the rates established and fixed by such corporation.
C.R.S. § 38-13-1011 — CO Code / Title 38 / Article 13 / Part 10 / Section 38-13-1011
38-13-1011. Determination of liability for unreported reportable property
Status: in_force

38-13-1011. Determination of liability for unreported reportable property. If the administrator determines from an examination conducted under section 38-13-1002 that a putative holder has failed or refused to pay or deliver property to the administrator that is reportable under this article 13, the administrator shall issue a determination of the putative holder's liability to pay or deliver and provide to the putative holder notice in a record of the determination.
C.R.S. § 38-24-102 — CO Code / Title 38 / Article 24 / Section 38-24-102
38-24-102. Other property subject to lien
Status: in_force

38-24-102. Other property subject to lien. Every person, firm, or corporation who performs labor or furnishes machinery, material, fuel, explosives, or supplies to a contractor or subcontractor shall have a lien upon the properties and premises mentioned in section 38-24-101 to the same extent and in the same manner as the original contractor for the amount due for such machinery, material, fuel, explosives, or supplies furnished or labor performed. All liens created by virtue of this article in any particular case shall be of equal rank and validity, except liens for labor which shall be preferred.
C.R.S. § 38-29-122 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-122
38-29-122. Substitute manufactured home identification numbers - inspection
Status: in_force

38-29-122. Substitute manufactured home identification numbers - inspection. (1) Any person required to make an application for a certificate of title to a manufactured home shall use the identification number placed upon the home by the manufacturer thereof or an identification number assigned to the home by the department. The certificate of title issued by the department shall use the identification number assigned to the manufactured home.

(2) On and after February 25, 1954, the identification number provided for in this section shall be accepted in lieu of any serial number provided for by law prior to said date.

(3) (a) The department may designate a manufactured home identification inspector to physically inspect a manufactured home in order to verify the following information: The identification number, the make of the manufactured home, the year of manufacture of the manufactured home, and such other information as may be required by the department. A manufactured home identification inspector may charge a fee for the inspection; except that such fee shall not exceed the reasonable costs related to the inspection. A manufactured home identification inspector shall notify the owner of the amount of the fee before commencing any verification activities. If the manufactured home identification inspector determines that the manufactured home identification number has been removed, changed, altered, or obliterated, the owner shall request that the department assign a distinguishing number to the manufactured home pursuant to section 38-29-123.

(b) The department may designate one or more of the following persons to be a manufactured home identification inspector charged with the functions set forth in paragraph (a) of this subsection (3):

(I) An authorized agent as defined in section 38-29-102 (1) or a person designated by such agent;

(II) A Colorado law enforcement officer;

(III) A person registered to sell manufactured homes pursuant to section 24-32-3323, C.R.S.; or

(IV) A county assessor.
C.R.S. § 38-30-168 — CO Code / Title 38 / Article 30 / Section 38-30-168
38-30-168. Unreasonable restrictions on renewable energy generation devices or fire-hardene
Status: in_force

38-30-168. Unreasonable restrictions on renewable energy generation devices or fire-hardened building materials - definitions. (1) (a) A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable.

(b) As used in this section, "renewable energy generation device" means:

(I) A solar energy device, as defined in section 38-32.5-100.3;

(II) A wind-electric generator that meets the interconnection standards established in rules promulgated by the public utilities commission pursuant to section 40-2-124;

(III) A geothermal energy device; or

(IV) A heat pump system, as defined in section 39-26-732 (2)(c).

(2) Subsection (1) of this section does not apply to:

(a) (I) Aesthetic provisions that impose reasonable restrictions on the dimensions, placement, or external appearance of a renewable energy generation device and that do not:

(A) Increase the cost of the device by more than ten percent;

(B) Decrease the performance or efficiency of the device by more than ten percent; or

(C) Require a period of review and approval that exceeds sixty days after the date of application. If an application for installation of a renewable energy generation device is not denied or returned for modifications within sixty days, it is deemed approved. The review process must be transparent; denial of approval must not be arbitrary or capricious; and the basis for any denial must be described in reasonable detail.

(II) This subsection (2)(a), as amended by House Bill 21-1229, enacted in 2021, does not apply to an association that includes time share units, as defined in section 38-33-110 (7).

(b) Bona fide safety requirements, required by an applicable building code or recognized electrical safety standard, for the protection of persons and property; or

(c) Reasonable restrictions on the installation and use of wind-electric generators to reduce interference with the use and enjoyment by residents of property situated near wind-electric generators as a result of the sound associated with the wind-electric generators. Interference with the use and enjoyment of property by residents for the purpose of determining whether a restriction is reasonable shall be determined as a part of the architectural review process as required by the governing documents of the common interest community and shall include consideration of input by the individuals requesting approval from the common interest community to install a wind-electric generator.

(3) This section shall not be construed to confer upon any property owner the right to place a renewable energy generation device on property that is:

(a) Owned by another person;

(b) Leased, except with permission of the lessor;

(c) Collateral for a commercial loan, except with permission of the secured party; or

(d) A limited common element or general common element of a common interest community.

(4) In any litigation involving the significance of an increase in cost of a renewable energy generation device, for purposes of subparagraph (I) of paragraph (a) of subsection (2) of this section, the party that prevails on the issue of the significance of the increase shall be entitled to its reasonable attorney fees and costs incurred in litigating that issue. This subsection (4) shall not be construed to limit or prohibit an award of attorney fees or costs on other grounds or in connection with other issues.

(5) (a) A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that explicitly or effectively prohibits or restricts the installation, use, or maintenance of fire-hardened building materials is void and unenforceable. This subsection (5) does not apply to bona fide safety requirements required by an applicable building code for the protection of persons and property.

(b) Nothing in this subsection (5):

(I) Prohibits or restricts a unit owners' association from:

(A) Adopting and enforcing reasonable standards regarding the design, dimensions, placement, or external appearance of fire-hardened building materials used for fencing at a unit owner's property in accordance with section 38-33.3-106.5 (3)(c); or

(B) Adopting bona fide safety requirements that are consistent with applicable building codes or nationally recognized safety standards; or

(II) Confers upon a property owner, unit owner, or lessee the right to construct or place fire-hardened building materials on property that is:

(A) Owned by another person;

(B) Leased, except with permission of the lessor; or

(C) A limited common element or general common element of a common interest community.

(c) As used in this subsection (5):

(I) "Common element" means "common elements" as defined in section 38-33.3-103 (5).

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

(III) "Fire-hardened building materials" has the meaning set forth in section 38-33.3-106.5 (3)(e)(I).

(IV) "Unit owner" has the meaning set forth in section 38-33.3-103 (31).

(V) "Unit owners' association" means an "association" as defined in section 38-33.3-103 (3).
C.R.S. § 38-13-1403 — CO Code / Title 38 / Article 13 / Part 14 / Section 38-13-1403
38-13-1403. When confidential information may be disclosed
Status: in_force

38-13-1403. When confidential information may be disclosed. (1) When reasonably necessary to enforce or implement this article 13, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to:

(a) Another department or agency of this state or the United States;

(b) The person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this state and if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to the requirements of this part 14; and

(c) A person subject to an examination as required by section 38-13-1004 (1)(f).

(2) Except as otherwise provided in section 38-13-1402 (1), the administrator shall include in published notices and on a website or database required by section 38-13-503 (3) the name of each apparent owner of property held by the administrator. The administrator may include in published notices, printed publications, telecommunications, the internet, or other media and on the website or in the database additional information concerning the apparent owner's property if the administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information.

(3) The administrator and the administrator's agent shall not use confidential information provided to them or in their possession except as expressly authorized by this article 13 or required by law other than this article 13.
C.R.S. § 38-36-168 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-168
38-36-168. New trustee - new certificate
Status: in_force

38-36-168. New trustee - new certificate. When the title to registered land passes from a trustee to a new trustee, a new certificate shall be entered to him and shall be registered in like manner, as upon an original conveyance in trust.
C.R.S. § 38-12-701 — CO Code / Title 38 / Article 12 / Part 7 / Section 38-12-701
38-12-701. Notice of rent increase
Status: in_force

38-12-701. Notice of rent increase. (1) Notwithstanding any other law, in a nonresidential tenancy of one month or longer but less than six months in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least twenty-one days' notice to the tenant.

(2) (a) Notwithstanding any other law, in a residential tenancy in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least sixty days' written notice to the tenant.

(b) A landlord shall not terminate a residential tenancy in which there is no written agreement by serving a tenant with a notice to terminate tenancy with the primary purpose of increasing a tenant's rent in a manner inconsistent with this section.
C.R.S. § 38-33.3-311 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-311
38-33.3-311. Tort and contract liability
Status: in_force

38-33.3-311. Tort and contract liability. (1) Neither the association nor any unit owner except the declarant is liable for any cause of action based upon that declarant's acts or omissions in connection with any part of the common interest community which that declarant has the responsibility to maintain. Otherwise, any action alleging an act or omission by the association must be brought against the association and not against any unit owner. If the act or omission occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for all tort losses not covered by insurance suffered by the association or that unit owner and all costs that the association would not have incurred but for such act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney fees, incurred by the association. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from maintaining an action contemplated by this section by being a unit owner or a member or officer of the association.

(2) The declarant is liable to the association for all funds of the association collected during the period of declarant control which were not properly expended.
C.R.S. § 38-30.7-101 — CO Code / Title 38 / Article 30.7 / Section 38-30.7-101
38-30.7-101. Legislative declaration
Status: in_force

38-30.7-101. Legislative declaration. The general assembly finds and declares that a wind energy right is an interest in real property appurtenant to the surface estate.
C.R.S. § 38-30-112 — CO Code / Title 38 / Article 30 / Section 38-30-112
38-30-112. Rule against perpetuities inapplicable to existing trusts
Status: in_force

38-30-112. Rule against perpetuities inapplicable to existing trusts. No suit or other proceeding affecting a pension, stock bonus, disability, death benefit, or profit-sharing plan existing on September 29, 1951, wherein relief is sought on the ground that such plan is in violation of any existing law or rule against perpetuities or accumulations or suspension of the power of alienation, shall be instituted.
C.R.S. § 38-29-203 — CO Code / Title 38 / Article 29 / Part 2 / Section 38-29-203
38-29-203. Certificate of removal
Status: in_force

38-29-203. Certificate of removal. (1) (a) On or after July 1, 2008, a manufactured home shall not be removed from its permanent location unless the owner of the manufactured home files a certificate of removal. If a certificate of permanent location has not been previously filed and recorded for the manufactured home, the owner shall also file an affidavit of real property, described in section 38-29-208, along with the certificate of removal.

(b) The certificate of removal and the affidavit of real property, if any, along with the application for a new certificate of title required in part 1 of this article, shall be filed with the authorized agent for the county or city and county in which the manufactured home is located. The authorized agent, in his or her capacity as the clerk and recorder, shall file and record the certificate of removal and the affidavit of real property in his or her office.

(2) The property tax administrator shall establish the form of the certificate of removal. In addition to any other information that the administrator may require, the certificate shall include the following:

(a) The name and mailing address of the owner of the manufactured home;

(b) The name and mailing address of any holder of a mortgage on or lien against the real property on which the manufactured home was affixed or permanently located;

(c) The identification number of the manufactured home;

(d) The manufacturer or make and year of the manufactured home;

(e) Attached to the certificate of removal, a certificate of taxes due, or an authentication of paid ad valorem taxes, issued by the county treasurer of the county in which the manufactured home is located;

(f) The legal description of the real property from which the manufactured home was removed; and

(g) Consent of all lienholders and a release by all holders of a mortgage, only to the extent that the mortgage or lien applies to the manufactured home, to allow the removal of the manufactured home from its permanent location.

(2.5) (a) The provisions of this section shall apply to a manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years, except as set forth in paragraph (b) of this subsection (2.5).

(b) A landlord evicting a tenant who owns a manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years may cause the home to be removed from its permanent location without the owner first filing a certificate of removal if, within twenty days after such removal, the landlord files a certificate of removal accompanied by a copy of the notice of judgment or order for possession allowing the eviction of the home and the address of the location to which the home has been moved. Such certificate of removal shall comply with subsection (5) of this section and include the information required in subsection (2) of this section; except that paragraphs (e) and (g) of said subsection (2) shall not apply. The landlord shall file the certificate of removal and the additional information with the authorized agent for the county or city and county from which the manufactured home was removed.

(3) The consent of a mortgage or other lienholder on the certificate of removal shall serve as a full release of any interest against the manufactured home once the manufactured home is removed from the real property. The consent on the certificate of removal shall not release any interest of the mortgage or lienholder against the remaining real property.

(4) If consent of any mortgagee or lienholder is not given, the owner may file a corporate surety bond or any other undertaking with the clerk of the district court of the county in which the real property to which the manufactured home was affixed is situated. The bond or undertaking shall be in an amount equal to one and one-half times the amount of the mortgage or lien and shall be approved by a judge of the district court with which the bond or undertaking is filed. The bond or undertaking shall be conditioned that, if the mortgagee or lienholder shall be finally adjudged to be entitled to recover upon the mortgage or lien, the principal or his sureties shall pay to the mortgagee or lienholder the amount of the indebtedness together with any interest, costs, and other sums which the mortgagee or lienholder would be entitled to recover upon foreclosure of the mortgage or lien. Upon the filing of a bond or undertaking, the mortgage or lien against the property shall be forthwith discharged and released in full, and the real property described in the bond or undertaking shall be released from the mortgage or lien and from any action brought to foreclose the mortgage or lien, and the bond or undertaking shall be substituted. The clerk of the district court with which the bond or undertaking has been filed shall issue a certificate of release that shall be recorded in the office of the clerk and recorder of the county in which the real property to which the manufactured home was affixed is situated, and the certificate of release shall show that the property has been released from the mortgage or lien and from any action brought to foreclose the mortgage or lien.

(5) The certificate of removal shall be acknowledged and shall contain or be accompanied by a written declaration that the statements made therein are made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.
C.R.S. § 38-35-117 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-117
38-35-117. Mortgages, not a conveyance - lien theory
Status: in_force

38-35-117. Mortgages, not a conveyance - lien theory. Mortgages, trust deeds, or other instruments intended to secure the payment of an obligation affecting title to or an interest in real property shall not be deemed a conveyance, regardless of its terms, so as to enable the owner of the obligation secured to recover possession of real property without foreclosure and sale, but the same shall be deemed a lien.
C.R.S. § 38-33.3-117 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-117
38-33.3-117. Applicability to preexisting common interest communities
Status: in_force

38-33.3-117. Applicability to preexisting common interest communities. (1) Except as provided in section 38-33.3-119, the following sections apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 1992:

(a) 38-33.3-101 and 38-33.3-102;

(b) 38-33.3-103, to the extent necessary in construing any of the other sections of this article;

(c) 38-33.3-104 to 38-33.3-111;

(d) 38-33.3-114;

(e) 38-33.3-118;

(f) 38-33.3-120;

(g) 38-33.3-122 and 38-33.3-123;

(h) 38-33.3-203 and 38-33.3-217 (7);

(i) 38-33.3-302 (1)(a) to (1)(f), (1)(j) to (1)(m), and (1)(o) to (1)(q);

(i.5) 38-33.3-221.5;

(i.7) 38-33.3-303 (1)(b) and (3)(b);

(j) 38-33.3-311;

(k) 38-33.3-316;

(k.5) 38-33.3-316.3; and

(l) 38-33.3-317, as it existed prior to January 1, 2006, 38-33.3-318, and 38-33.3-319.

(1.5) Except as provided in section 38-33.3-119, the following sections apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after January 1, 2006:

(a) (Deleted by amendment, L. 2006, p. 1217, § 3, effective May 26, 2006.)

(b) 38-33.3-124;

(c) 38-33.3-209.4 to 38-33.3-209.7;

(d) 38-33.3-217 (1);

(e) (Deleted by amendment, L. 2006, p. 1217, § 3, effective May 26, 2006.)

(f) 38-33.3-301;

(g) 38-33.3-302 (3) and (4);

(h) 38-33.3-303 (1)(b), (3)(b), and (4)(b);

(i) 38-33.3-308 (1), (2)(b), (2.5), and (4.5);

(j) 38-33.3-310 (1) and (2);

(k) 38-33.3-310.5;

(l) 38-33.3-315 (7);

(m) 38-33.3-317; and

(n) 38-33.3-401.

(1.7) Except as provided in section 38-33.3-119, section 38-33.3-209.5 (1)(b)(IX) shall apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 2010.

(1.8) Except as provided in section 38-33.3-119, section 38-33.3-303 (4)(a) applies to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 2017.

(1.9) Notwithstanding any other provision of law, section 38-33.3-303.5 applies to all common interest communities created within this state on, before, or after July 1, 1992, with respect to events and circumstances occurring on or after September 1, 2017.

(2) The sections specified in paragraphs (a) to (j) and (l) of subsection (1) of this section shall be applied and construed to establish a clear, comprehensive, and uniform framework for the operation and management of common interest communities within this state and to supplement the provisions of any declaration, bylaws, plat, or map in existence on June 30, 1992. Except for section 38-33.3-217 (7), in the event of specific conflicts between the provisions of the sections specified in paragraphs (a) to (j) and (l) of subsection (1) of this section, and express requirements or restrictions in a declaration, bylaws, a plat, or a map in existence on June 30, 1992, such requirements or restrictions in the declaration, bylaws, plat, or map shall control, but only to the extent necessary to avoid invalidation of the specific requirement or restriction in the declaration, bylaws, plat, or map. Sections 38-33.3-217 (7) and 38-33.3-316 shall be applied and construed as stated in such sections.

(3) Except as expressly provided for in this section, this article shall not apply to common interest communities created within this state before July 1, 1992.

(4) Section 38-33.3-308 (2) to (7) shall apply to all common interest communities created within this state before July 1, 1995, and shall apply to all meetings of the executive board of such a community or any committee thereof occurring on or after said date. In addition, said section 38-33.3-308 (2) to (7) shall apply to all common interest communities created on or after July 1, 1995, and shall apply to all meetings of the executive board of such a community or any committee thereof occurring on or after said date.