C.R.S. § 38-6-101 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-101
38-6-101. Power of towns and cities
Status: in_force

38-6-101. Power of towns and cities. Whenever, in a town, city, or city and county, the council thereof or other municipal board having authority by charter or statute passes a resolution or ordinance to establish, construct, extend, open, widen, or alter any street, lane, avenue, boulevard, park, playground, parkway, pleasure way, public square, market, viaduct, bridge, sewer, tunnel, or subway or to build, acquire, construct, or establish any public building or any other public work or public improvement, said town, city, or city and county shall have the right to take, damage, condemn, or appropriate by right of eminent domain such private property as may be required in the manner provided for in this part 1; but, except as specifically authorized by law, no incorporated town shall exercise the power of eminent domain over property outside the town boundaries. In any case where such special benefits are not to be assessed by commissioners as provided in section 38-6-107 against the real estate specially benefited, the said town, city, or city and county may follow the procedure set forth in this part 1 or the procedure set forth in article 1 of this title.
C.R.S. § 38-1-105 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-105
38-1-105. Adjournment - commission - compensation - defective title - withdrawal of deposi
Status: in_force

38-1-105. Adjournment - commission - compensation - defective title - withdrawal of deposit. (1) The court may adjourn the proceedings from time to time and shall direct any further notice thereof to be given that may seem proper. The court shall hear proofs and allegations of all parties interested touching the regularity of the proceedings and shall rule upon all objections thereto. Unless a jury is requested by the owner of the property as provided in section 38-1-106, the court shall appoint a board of commissioners of not less than three disinterested and impartial freeholders to determine compensation in the manner provided in this article to be allowed to the owner and persons interested in the lands, real estate, claims, or other property proposed to be taken or damaged in such county for the purposes alleged in the petition. The court shall fix the time and place for the first meeting of such commissioners. Such meeting shall be held at least thirty days prior to the date scheduled for the trial to determine compensation. At the meeting, a voir dire examination shall be conducted by the court and the parties to determine whether the proposed commissioners are disinterested and impartial freeholders. If the court determines that any of the proposed commissioners is not disinterested and impartial, the court shall replace such person and appoint another commissioner, who shall also be subject to voir dire examination. At the hearing to determine compensation, the court shall administer an oath to the commissioners, shall instruct them in writing as to their duties, and, at the conclusion of the testimony, shall instruct them in writing as to the applicable and proper law to be followed by them in arriving at their ascertainment. The court shall fix reasonable compensation for the services and expenses of said commissioners and shall provide the services of a court reporter to record all proceedings had by the commissioners.

(2) The commissioners, before entering upon the duties of their office, shall take an oath to faithfully and impartially discharge their duties as commissioners, and any one of them may administer oaths to witnesses produced before them. The commissioners may request the court or clerk thereof to issue subpoenas to compel witnesses to attend the proceedings and testify as in other civil cases and may adjourn and hold meetings for that purpose. They may request the court to make rulings upon the propriety of the proof or objections of the parties. They shall hear the proofs and allegations of the parties according to the rules of evidence and, after viewing the premises or other property and without fear, favor, or partiality, shall ascertain and certify the proper compensation to be made to said owner or parties interested for the lands, real estate, claims, or other property to be taken or affected, as well as all damages accruing to the owner or parties interested in consequence of the condemnation of the same. The commissioners shall make, subscribe, and file with the clerk of the court in which such proceedings are had a certificate of their ascertainment and assessment, in which such lands, real estate, claims, or other property shall be described with convenient certainty and accuracy.

(3) The court, upon the filing of such certificate or returning of a verdict of a jury as provided in section 38-1-107 and due proof that such compensation and separate sums, if any, are certified or found to have been paid to the parties entitled to the same or have been deposited to the credit of such parties in court or with the clerk of the court for that purpose, shall make and cause to be entered in its minutes a rule describing such lands, real estate, claims, or other property, such ascertainment or compensation with the mode of making it, and each payment or deposit of the compensation, a certified copy of which shall be recorded and indexed in the office of the county clerk and recorder of the proper county in like manner and with like effect as if it were a deed of conveyance from the owner and parties interested to the proper parties. 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 by either a commission or a jury, the nature, extent, or value of said interests shall thereupon be determined according to law in a separate and subsequent proceeding and distribution made among the several claimants thereto.

(4) Upon the entry of such rule, the petitioner shall become seized in fee unless a lesser interest has been sought, except as provided in this section, of all such lands, real estate, claims, or other property described in said rule as required to be taken, and may take possession and hold and use the same for the purposes specified in such petition, and shall thereupon be discharged from all claims for any damages by reason of any matter specified in such petition, certificate, or rule of said court. No right-of-way or easement acquired by condemnation shall ever give the petitioner any right, title, or interest to any vein, ledge, lode, deposit, oil, natural gas, or other mineral resource found or existing in the premises condemned, except insofar as the same may be required for subsurface support.

(5) If at any time after an attempted or actual ascertainment of compensation under this article or any purchase or by donation to said petitioner of any lands, real estate, claims, or other property for purposes specified in the petition it appears that the title acquired thereby, to all or any part of such lands for the use of such petitioner, is defective or if said assessment fails or is deemed defective, the petitioner may proceed and perfect such title by procuring an ascertainment of the proper compensation to be made to any person who has title, claim, or interest in or lien upon such lands, real estate, claims, or other property and by making payment thereof in the manner provided in section 38-1-112, as near as may be.

(6) (a) At any stage of such new proceedings or of any proceedings under this article, the court, by rule in that behalf made, may authorize the petitioner, if already in possession, to use, and, if not in possession, to take possession of and use, said premises during the pendency and until the final conclusion of such proceedings and may stay all actions and proceedings against such petitioner on account thereof, if such petitioner pays a sufficient sum into court, or to the clerk thereof, to pay the compensation in that behalf when ascertained. The court wherein any such proceedings are had shall determine the amount such petitioner is required to pay or deposit pending any such ascertainment. In every case where possession is so authorized, it is lawful for either party to conduct the proceedings to a conclusion, if the same are delayed by the other party.

(b) Upon proper application to the court or by stipulation between the parties, the owner may withdraw from the sum so deposited an amount not to exceed three-fourths of the highest valuation evidenced or testimony presented by the petitioner at the hearing for possession, unless the petitioner agrees to a larger withdrawal, if all parties interested in the property sought to be acquired consent and agree to such withdrawal. Any such withdrawal of said deposit shall be a partial payment of the amount of total compensation to be paid and shall be deducted by the clerk of the court from any award or verdict entered thereafter.

(c) The petitioner shall not take possession of the property sought to be taken or condemned earlier than thirty days after service of the summons upon the defendant, unless the owner consents to such possession prior to the expiration of the thirty-day period.
C.R.S. § 38-33.3-310 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-310
38-33.3-310. Voting - proxies
Status: in_force

38-33.3-310. Voting - proxies. (1) (a) If only one of the multiple owners of a unit is present at a meeting of the association, such owner is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.

(b) (I) (A) Votes for contested positions on the executive board shall be taken by secret ballot. This sub-subparagraph (A) shall not apply to an association whose governing documents provide for election of positions on the executive board by delegates on behalf of the unit owners.

(B) At the discretion of the board or upon the request of twenty percent of the unit owners who are present at the meeting or represented by proxy, if a quorum has been achieved, a vote on any matter affecting the common interest community on which all unit owners are entitled to vote shall be by secret ballot.

(C) Ballots shall be counted by a neutral third party or by a committee of volunteers. Such volunteers shall be unit owners who are selected or appointed at an open meeting, in a fair manner, by the chair of the board or another person presiding during that portion of the meeting. The volunteers shall not be board members and, in the case of a contested election for a board position, shall not be candidates.

(D) The results of a vote taken by secret ballot shall be reported without reference to the names, addresses, or other identifying information of unit owners participating in such vote.

(II) Notwithstanding section 38-33.3-117 (1.5)(j), this paragraph (b) shall not apply to an association that includes time-share units, as defined in section 38-33-110 (7).

(2) (a) Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. A proxy shall not be valid if obtained through fraud or misrepresentation. Unless otherwise provided in the declaration, bylaws, or rules of the association, appointment of proxies may be made substantially as provided in section 7-127-203, C.R.S.

(b) If a unit is owned by more than one person, each owner of the unit may vote or register a protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates eleven months after its date, unless the proxy itself indicates an earlier termination date.

(c) The association is entitled to reject a vote, consent, written ballot, waiver, proxy appointment, or proxy appointment revocation if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the unit owner.

(d) The association and its officer or agent who accepts or rejects a vote, consent, written ballot, waiver, proxy appointment, or proxy appointment revocation in good faith and in accordance with the standards of this section are not liable in damages for the consequences of the acceptance or rejection.

(e) Any action of the association based on the acceptance or rejection of a vote, consent, written ballot, waiver, proxy appointment, or proxy appointment revocation under this section is valid unless a court of competent jurisdiction determines otherwise.

(3) (a) If the declaration requires that votes on specified matters affecting the common interest community be cast by lessees rather than unit owners of leased units:

(I) The provisions of subsections (1) and (2) of this section apply to lessees as if they were unit owners;

(II) Unit owners who have leased their units to other persons may not cast votes on those specified matters; and

(III) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners.

(b) Unit owners must also be given notice, in the manner provided in section 38-33.3-308, of all meetings at which lessees are entitled to vote.

(4) No votes allocated to a unit owned by the association may be cast.
C.R.S. § 38-1-202 — CO Code / Title 38 / Article 1 / Part 2 / Section 38-1-202
38-1-202. Governmental entities, corporations, and persons authorized to use eminent domai
Status: repealed

38-1-202. Governmental entities, corporations, and persons authorized to use eminent domain. (1) The following governmental entities, types of governmental entities, and public corporations, in accordance with all procedural and other requirements specified in this article 1 and articles 2 to 7 of this title 38 and to the extent and within any time frame specified in the applicable authorizing statute, may exercise the power of eminent domain:

(a) The United States as authorized in section 3-1-102, C.R.S.;

(b) The state:

(I) As authorized in paragraph (b) of article IX of the upper Colorado river basin compact, codified at section 37-62-101, C.R.S.;

(II) As authorized in paragraph 3. of article V of the South Platte river compact, codified at section 37-65-101, C.R.S.;

(III) As authorized in article VII of the Republican river compact, codified at section 37-67-101, C.R.S.;

(IV) By action of the general assembly or by action of any of the following officers and agencies of the state:

(A) The department of human services as authorized in section 19-2.5-1503;

(B) The department of natural resources as authorized in section 24-33-107 (3), C.R.S.;

(C) The department of personnel with the approval of the governor as authorized in section 24-82-102, C.R.S.;

(D) The attorney general at the direction of the governor as authorized in section 24-82-302 (1), C.R.S.;

(E) Repealed.

(F) The governor as authorized in section 27-90-102 (3), C.R.S.;

(G) The department of transportation as authorized in sections 33-11-104 (4), 43-1-210 (1), (2), and (3), 43-1-217 (1), 43-1-406 (4), 43-1-414 (1), (2), (3), and (4), 43-1-509, 43-1-1410 (1)(i), 43-2-135 (1)(k), 43-3-106, and 43-3-107, C.R.S.;

(H) The state board of land commissioners as authorized in section 36-4-108, C.R.S.;

(I) The transportation commission created in section 43-1-106, as authorized in section 43-1-208 (2);

(J) The statewide bridge enterprise as authorized in section 43-4-805 (5)(e), C.R.S.;

(J.5) The high-performance transportation enterprise as authorized in section 43-4-806 (6)(e), C.R.S.; and

(K) The Colorado aeronautical board as authorized in section 43-10-106, C.R.S.;

(c) State educational boards of control, including the state board for community colleges and occupational education and local district college boards of trustees, and institutions of higher education, as authorized in sections 23-31.5-108, 23-53-105, 23-60-208, 23-71-122 (1)(p), and 38-2-105, C.R.S.;

(d) Counties, cities and counties, and boards of county commissioners as authorized in sections 24-72-104 (2), 25-3-306, 29-6-101, 30-11-104 (2), 30-11-107 (1)(w), 30-11-205, 30-11-307 (1)(c), 30-20-108 (3), 30-20-402 (1)(a), 30-35-201 (37), (41), (42), and (43), 31-25-216 (2), 41-4-102, 41-4-104, 41-4-108, 41-5-101 (1)(a), 43-1-217 (1), 43-2-112 (2), 43-2-204, 43-2-206, and 43-3-107, C.R.S.;

(e) Cities, cities and counties, and towns as authorized in sections 29-4-104 (1)(d), 29-4-105, 29-4-106, 29-6-101, 29-7-104, 30-20-108 (3), 31-15-706 (2), 31-15-707 (1)(a) and (1)(e), 31-15-708 (1)(b), 31-15-716 (1)(c), 31-25-201 (1), 31-25-216 (2), 31-25-402 (1)(c), 31-35-304, 31-35-402 (1)(a), 31-35-512 (1)(g), 38-5-105, 38-6-101, 38-6-122, 41-4-108, and 41-4-202, C.R.S.;

(f) The following types of single purpose districts, special districts, authorities, boards, commissions, and other governmental entities that serve limited governmental purposes or that may exercise eminent domain for limited purposes:

(I) A school district as authorized in section 22-32-111, C.R.S.;

(II) A power authority established pursuant to section 29-1-204 (1), C.R.S., as authorized in section 29-1-204 (3)(f), C.R.S.;

(III) A water or drainage authority established pursuant to section 29-1-204.2 (1), C.R.S., as authorized in section 29-1-204.2 (3)(f), C.R.S.;

(IV) A multijurisdictional housing authority established pursuant to section 29-1-204.5 (1), C.R.S., as authorized in section 29-1-204.5 (3)(f), C.R.S.;

(V) A housing authority organized pursuant to part 2 of article 4 of title 29, C.R.S., as authorized in sections 29-4-209 (1)(k), 29-4-211, and 29-4-212, C.R.S.;

(VI) An authority created by a municipality for the purpose of carrying out a development plan pursuant to section 29-4-306, C.R.S., as authorized in sections 29-4-306 (2) and 29-4-307 (1)(a), C.R.S.;

(VII) A metropolitan recreation district or park and recreation district organized under article 1 of title 32, C.R.S., or a municipal board given charge of a recreation system as authorized in sections 29-7-104 and 32-1-1005 (1)(c), C.R.S.;

(VIII) An improvement district created by a county pursuant to part 5 of article 20 of title 30, C.R.S., as authorized in section 30-20-512 (1)(i), C.R.S.;

(IX) An urban renewal authority created pursuant to section 31-25-104, C.R.S., as authorized in sections 31-25-105 (1)(e) and 31-25-105.5, C.R.S., and in accordance with the vesting requirements specified in article 7 of this title;

(X) An improvement district created by a municipality pursuant to part 6 of article 25 of title 31, C.R.S., as authorized in section 31-25-611 (1)(i), C.R.S.;

(XI) A board of water and sewer commissioners created by the governing body of a municipality pursuant to section 31-35-501, C.R.S., as authorized in sections 31-35-511 and 31-35-512 (1)(g), C.R.S.;

(XII) A fire protection district as authorized in section 32-1-1002 (1)(b), C.R.S.;

(XIII) A metropolitan district as authorized in section 32-1-1004 (4), C.R.S.;

(XIV) A sanitation, water and sanitation, or water district as authorized in section 32-1-1006 (1)(f), C.R.S.;

(XV) A tunnel district as authorized in section 32-1-1008 (1)(c), C.R.S.;

(XVI) A water and sanitation district organized under part 4 of article 4 of title 32, C.R.S., as authorized in section 32-4-406 (1)(j), C.R.S.;

(XVII) A metropolitan sewage district organized under the provisions of part 5 of article 4 of title 32, C.R.S., as authorized in section 32-4-502 (5) and 32-4-510 (1)(j), C.R.S.;

(XVIII) A regional service authority formed in accordance with the provisions of section 17 of article XIV of the state constitution and article 7 of title 32, C.R.S., as authorized in section 32-7-113 (1)(k), C.R.S.;

(XIX) The regional transportation district created in section 32-9-105, C.R.S., as authorized in sections 32-9-103 (2), 32-9-119 (1)(k), and 32-9-161, C.R.S.;

(XX) The urban drainage and flood control district created in section 32-11-201, C.R.S., as authorized in sections 32-11-104 (10), 32-11-216 (1)(g), 32-11-220 (1)(b), 32-11-615 (2), and 32-11-663, C.R.S.;

(XX.5) The Fountain creek watershed, flood control, and greenway district created in section 32-11.5-201, C.R.S., as authorized in section 32-11.5-205 (1)(n)(I), C.R.S.;

(XXI) A mine drainage district organized under the provisions of article 51 of title 34, C.R.S., as authorized in section 34-51-123, C.R.S.;

(XXII) A conservation district created pursuant to article 70 of title 35, C.R.S., as authorized in section 35-70-108 (1)(e), C.R.S.;

(XXIII) A conservancy district created under articles 1 to 8 of title 37, C.R.S., as authorized in sections 37-2-105 (7), 37-3-103 (1)(h), 37-3-116, 37-3-117, and 37-4-109 (3), C.R.S.;

(XXIV) A drainage district organized pursuant to article 20 of title 37, C.R.S., as authorized in sections 37-21-114 (1), 37-23-103, and 37-24-104, C.R.S.;

(XXV) The Grand Junction drainage district created in section 37-31-102 (1), C.R.S., as authorized in sections 37-31-119 and 37-31-152, C.R.S.;

(XXVI) An irrigation district organized under the provisions of article 41 of title 37, C.R.S., as authorized in sections 37-41-113 (3) and (5), 37-41-114, 37-41-128, and 37-43-207, C.R.S.;

(XXVII) An irrigation district organized under the provisions of article 42 of title 37, C.R.S., as authorized in sections 37-42-113 (1) and (2) and 37-43-207, C.R.S.;

(XXVIII) An internal improvement district established under the provisions of article 44 of title 37, C.R.S., as authorized in sections 37-44-103 (1)(b), 37-44-108 (1) and (2), 37-44-109, and 37-44-141, C.R.S.;

(XXIX) A water conservancy district organized under the provisions of article 45 of title 37, C.R.S., as authorized in sections 37-45-118 (1)(c) and 37-45-119, C.R.S.;

(XXX) A water activity enterprise, as defined in section 37-45.1-102 (4), C.R.S., exercising the legal authority to exercise the power of eminent domain of the district that owns it in relation to a water activity, as defined in section 37-45.1-102 (3), C.R.S., as authorized in section 37-45.1-103 (4), C.R.S.;

(XXXI) The Colorado river water conservation district created in section 37-46-103, C.R.S., as authorized in section 37-46-107 (1)(i), C.R.S.;

(XXXII) The southwestern water conservation district created in section 37-47-103, C.R.S., as authorized in section 37-47-107 (1)(i), C.R.S.;

(XXXIII) The Rio Grande water conservation district created in section 37-48-102, C.R.S., as authorized in section 37-48-105 (1)(i), C.R.S.;

(XXXIV) The Republican river water conservation district created in section 37-50-103 (1), C.R.S., as authorized in section 37-50-107 (1)(j), C.R.S.;

(XXXV) The Colorado water conservation board created in section 37-60-102, C.R.S., as authorized in section 37-60-106 (1)(j), C.R.S.;

(XXXVI) The Colorado water resources and power development authority created in section 37-95-104 (1), C.R.S., as authorized in section 37-95-106 (1)(n) and (1)(v), C.R.S.;

(XXXVII) A public airport authority created under the provisions of article 3 of title 41, C.R.S., as authorized in section 41-3-106 (1)(j), C.R.S.;

(XXXVIII) A public highway authority created pursuant to section 43-4-504, C.R.S., as authorized in sections 43-4-505 (1)(a)(IV) and 43-4-506 (1)(h), C.R.S.;

(XXXIX) A regional transportation authority created pursuant to section 43-4-603, as authorized in section 43-4-604 (1)(a)(IV);

(XL) The Colorado aeronautical board created in section 43-10-104, as authorized in section 43-10-106;

(XLI) The front range passenger rail district created in section 32-22-103 (1), as authorized in section 32-22-106 (1)(k);

(XLII) The Colorado electric transmission authority created in section 40-42-103 (1) as authorized in section 40-42-104 (1)(p); and

(XLIII) A county revitalization authority created pursuant to section 30-31-104 and in accordance with the vesting requirements specified in article 7 of this title 38.

(2) The following types of corporations and persons, in accordance with all procedural and other requirements specified in this article and articles 2 to 7 of this title 38 and to the extent and within any time frame specified in the applicable authorizing provision of the state constitution or statute may exercise the power of eminent domain:

(a) A person or corporation that needs to exercise the power of eminent domain in order to acquire any right-of-way across public, private, or corporate lands for the construction of ditches, canals, and flumes for the purposes of conveying water for domestic purposes, for the irrigation of agricultural lands, for mining and manufacturing purposes, or for drainage, as authorized in section 7 of article XVI of the state constitution;

(b) A pipeline company as authorized in article 5 of this title and sections 7-43-102, 34-48-105, 34-48-111, 38-1-101.5, 38-1-101.7, 38-2-101, 38-4-102, and 38-4-107, C.R.S.;

(c) A cemetery company organized pursuant to section 7-47-101, C.R.S., as authorized in section 7-47-102, C.R.S.;

(d) A cemetery authority, as defined in section 6-24-101 (3), as authorized in section 6-24-104;

(e) A public utility as authorized in section 32-12-125, C.R.S.;

(f) An owner or agent of an owner of coal lands lying on two or more sides of the property of another as authorized in section 34-31-101, C.R.S.;

(g) A person who requires a right-of-way or property in order to bring water or air into a mine or convey tailings and wastes from a mining operation, construct or maintain a flume, ditch, pipeline, tram, tramway, or pack trail over or through mining claims, or follow a mineral-bearing vein or lode into the property of another person pursuant to an established right to do so as authorized in sections 34-48-101, 34-48-105, 34-48-107, 34-48-110, and 34-48-111, C.R.S.;

(h) A natural gas public utility, as defined in section 34-64-102 (3), C.R.S., as authorized in section 34-64-103, C.R.S.;

(i) A person who owns a water right or conditional water right as authorized in article 86 of title 37, C.R.S.;

(j) A person who needs to create or operate a water storage facility in order to realize the person's right to appropriate water as authorized in section 37-87-101, C.R.S.;

(k) A person who, under general laws or special charter, requires and is entitled to private property of another for private use, private ways of necessity, or for reservoirs, drains, flumes, or ditches on or across the lands of others for agricultural, mining, milling, domestic, or sanitary purposes as authorized in section 38-1-102;

(l) A corporation formed for the purpose of constructing a road, ditch, reservoir, pipeline, bridge, ferry, tunnel, telegraph line, railroad line, electric line, electric plant, telephone line, or telephone plant as authorized in section 38-2-101;

(m) Landowners who wish to construct a drain to carry off surplus water as authorized in section 38-2-103;

(n) A mineral landowner who needs to construct a connecting railroad spur over another landowner's property as authorized in section 38-2-104;

(o) A tunnel company as authorized in sections 38-2-101, 38-4-101, 38-4-107, and 38-4-110;

(p) An electric power company as authorized in sections 38-2-101, 38-4-101, and 38-4-107;

(q) A tramway company as authorized in sections 38-4-104 and 38-4-107;

(r) A telegraph, telephone, electric light power, gas, or pipeline company as authorized in sections 38-2-101 and 38-5-105 and limited by section 38-5-108; and

(s) A person, company, corporation, or association that has been granted an electric railroad franchise as authorized in section 40-24-102, C.R.S.
C.R.S. § 38-42-103 — CO Code / Title 38 / Article 42 / Section 38-42-103
38-42-103. Title form
Status: in_force

38-42-103. Title form. The title or heading of such a lease containing such a right or option in the lessee as set forth in this article shall be deemed to satisfy the requirements of this article if it reads substantially as follows: Oil and gas lease with option to purchase, or mining lease with option to purchase.
C.R.S. § 38-36-128 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-128
38-36-128. Court may order further proof
Status: in_force

38-36-128. Court may order further proof. The court may order such other or further hearing of the cause before the court or before the examiner of titles after the filing of the report of the examiner referred to in section 38-36-127 and require such other or further proof by either of the parties to the cause as to the court seems proper.
C.R.S. § 38-29-107 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-107
38-29-107. Applications for certificates of title
Status: in_force

38-29-107. Applications for certificates of title. (1) In any case under the provisions of this article wherein a person who is entitled to a certificate of title to a manufactured home is required to make formal application to the director therefor, such applicant shall make application upon a form provided by the director in which appears a description of the manufactured home, including the manufacturer and model thereof, the manufacturer's number, the date on which said manufactured home was first sold by the dealer or manufacturer thereof to the initial user thereof, and a description of any other distinguishing mark, number, or symbol placed on said home by the manufacturer thereof for identification purposes, as may by rule be required by the director. Such application shall also show the applicant's source of title and the new or resale price of said manufactured home, whichever is applicable, paid by such applicant and shall include a description of all known mortgages and liens upon said manufactured home, each including the name of the legal holder thereof, the amount originally secured, the amount outstanding on the obligation secured at the time such application is made, the name of the county or city and county and state in which such mortgage or lien instrument is recorded or filed, and proof of the fact that no property taxes for previous years are due on such manufactured home. Such proof shall be a certificate of taxes, or an authentication of paid ad valorem taxes, issued by the county treasurer of the county in which the manufactured home is located. Such application shall be affirmed by a statement signed by the applicant and shall contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.

(2) In any case in which the manufactured home was affixed to the ground prior to July 1, 2008, and a certificate of permanent location was not filed and recorded, a person who is entitled to a certificate of title to a manufactured home shall make formal application to the director upon a form provided by the director. As part of the application, in addition to any information required pursuant to subsection (1) of this section, the applicant shall provide an affidavit of real property, a statement that the identification number has been verified pursuant to section 38-29-122 (3)(a), a certificate of removal, and a copy of all deeds recorded since the home was affixed to the ground. The director shall accept these documents as sufficient evidence of the applicant's proof of ownership of the manufactured home.

(3) (a) In any case in which the manufactured home was affixed to the ground after July 1, 2008, and a certificate of permanent location was filed and recorded, a person who is entitled to a certificate of title to a manufactured home shall make formal application to the director upon a form provided by the director. As part of the application, in addition to any information required pursuant to subsection (1) of this section, the applicant shall provide a copy of the recorded certificate of permanent location, a certificate of removal, a statement that the identification number has been verified pursuant to section 38-29-122 (3)(a), and a copy of all deeds recorded since the home was affixed to the ground. The director shall accept these documents as sufficient evidence of the applicant's proof of ownership of the manufactured home.

(b) In any case in which a manufactured home occupies real property subject to a long-term lease that has an express term of at least ten years, the manufactured home was affixed to the ground after July 1, 2008, and a certificate of permanent location was filed and recorded, a person who is entitled to a certificate of title to a manufactured home shall make formal application to the director upon a form provided by the director. As part of the application, in addition to any information required pursuant to subsection (1) of this section, the applicant shall provide a copy of the recorded certificate of permanent location, a statement that the identification number has been verified pursuant to section 38-29-122 (3)(a), and a copy of the recorded long-term lease. The director shall accept these documents as sufficient evidence of the applicant's proof of ownership of the manufactured home.
C.R.S. § 38-53-107 — CO Code / Title 38 / Article 53 / Section 38-53-107
38-53-107. Monument records - conditions for acceptance
Status: in_force

38-53-107. Monument records - conditions for acceptance. The board shall not accept a monument record unless it complies with the form and technical specifications established by the board under section 38-53-106 and is signed, sealed, or otherwise authenticated by the professional land surveyor who was in responsible charge of the work.
C.R.S. § 38-39-101 — CO Code / Title 38 / Article 39 / Part 1 / Section 38-39-101
38-39-101. Effect of deed of trust to private trustee - nature of obligation secured
Status: in_force

38-39-101. Effect of deed of trust to private trustee - nature of obligation secured. Any deed of trust that names any person other than a public trustee as trustee therein or that secures an obligation other than an evidence of debt shall be deemed and taken to be a mortgage for all purposes and foreclosed only as mortgages are foreclosed in and through the courts; except that any deed of trust that names a public trustee as trustee therein and secures an obligation other than an instrument evidencing a debt shall be released as provided in section 38-39-102 (5).
C.R.S. § 38-10-119 — CO Code / Title 38 / Article 10 / Section 38-10-119
38-10-119. Conveyances void against heirs
Status: in_force

38-10-119. Conveyances void against heirs. Every conveyance, charge, instrument, or proceeding declared to be void by the provisions of this article as against creditors or purchasers shall be equally void against the heirs, successors, personal representatives, or assignees of such creditors or purchasers.
C.R.S. § 38-35-103 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-103
38-35-103. Acknowledgment before notary
Status: in_force

38-35-103. Acknowledgment before notary. In addition to the officers empowered by law to take acknowledgments within or without the United States, deeds and other instruments in writing may be acknowledged before any notary public having a notarial seal.
C.R.S. § 38-27.5-103 — CO Code / Title 38 / Article 27.5 / Section 38-27.5-103
38-27.5-103. Assignment of health-care provider liens - not admissible as evidence
Status: in_force

38-27.5-103. Assignment of health-care provider liens - not admissible as evidence. (1) A health-care provider claiming a health-care provider lien under this article 27.5 may assign, in writing, a health-care provider lien to any other person or entity. An assignee of a health-care provider lien has all the rights and remedies of the health-care provider and is subject to the restrictions and obligations of the health-care provider under this article 27.5.

(2) Except in an action under the "Uniform Consumer Credit Code", article 1 of title 5, any amount paid by an assignee of a health-care provider lien for the assignment, the fact of the assignment, and the terms of the assignment are not discoverable or admissible as evidence in any civil action or claim that the injured person asserts against third parties or under an uninsured or underinsured motorist insurance policy for any purpose, including as evidence of the reasonable value of a health-care provider's services.

(3) An injured person treated on a health-care provider lien basis may not seek to recover, as the cost of medical services or treatment, more than the health-care provider's usual and customary billed charges.

(4) Amounts awarded for medical bills subject to a health-care provider lien shall not be subject to offset or reduction in any post-verdict proceeding under section 13-21-111.6.

(5) This section only applies to a claim or claims an injured party asserts against third parties or under an uninsured or underinsured motorist insurance policy involving a medical lien and has no other application or effect regarding compensation paid to health-care providers.
C.R.S. § 38-13-1301 — CO Code / Title 38 / Article 13 / Part 13 / Section 38-13-1301
38-13-1301. When agreement to locate property enforceable
Status: in_force

38-13-1301. When agreement to locate property enforceable. (1) An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the administrator, is enforceable only if the agreement:

(a) Is in a record that clearly states the nature of the property and the services to be provided;

(b) Is signed by or on behalf of the apparent owner;

(c) States the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation to be paid to the person has been deducted; and

(d) States that the apparent owner may directly file a claim for property with the administrator of a state's unclaimed property act, who in Colorado is the state treasurer, without being charged a fee by the administrator.
C.R.S. § 38-41-203 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-203
38-41-203. Exemption only while occupied
Status: in_force

38-41-203. Exemption only while occupied. Said property, when so homesteaded, shall only be exempt as provided in this part 2 while occupied as a home by the owner thereof or his family.
C.R.S. § 38-13-604 — CO Code / Title 38 / Article 13 / Part 6 / Section 38-13-604
38-13-604. Effect of payment or delivery of property to administrator
Status: in_force

38-13-604. Effect of payment or delivery of property to administrator. On payment or delivery of property to the administrator under this article 13, the administrator as agent for the state assumes custody and responsibility for the safekeeping of the property. A holder that pays or delivers property to the administrator in good faith and that substantially complies with sections 38-13-501 and 38-13-502 is relieved of liability arising thereafter with respect to payment or delivery of the property to the administrator.
C.R.S. § 38-26-108 — CO Code / Title 38 / Article 26 / Section 38-26-108
38-26-108. Substitution of bond allowed
Status: in_force

38-26-108. Substitution of bond allowed. (1) Whenever a verified statement of a claim has been filed in accordance with section 38-26-107, the contractor holding the contract against which such statement has been filed, or other person who has an interest in the payments being withheld, by the contracting body that awarded the contract may, at any time, file with the clerk of the district court of the county where the contract is being performed or of the county where the office in which the verified statement of claim is located an ex parte motion for approval of a substitute corporate surety bond or any other undertaking that may be acceptable to a judge of such district court.

(2) A corporate surety bond or undertaking filed pursuant to subsection (1) of this section shall be in an amount equal to one and one-half times the amount of the claim plus costs allowed by the court up to the date of such filing and shall have been approved by an order of a judge of the district court in which such bond or undertaking is filed. The order shall state that:

(a) The corporate surety bond or undertaking is approved;

(b) The verified statement of claim is discharged;

(c) The corporate surety bond or undertaking shall be substituted for the moneys withheld pursuant to the verified statement of claim; and

(d) The contracting body that awarded the contract shall release the moneys being withheld pursuant to the verified statement of claim on the same terms and conditions as if the verified statement of claim had been released by the claimant.

(3) A corporate surety bond or undertaking filed pursuant to subsection (1) of this section shall be conditioned that, if the claimant is finally adjudged to be entitled to recover upon the claim upon which the claimant's verified statement of a claim is based, the surety issuing the bond or undertaking or the principal thereunder, shall pay to such claimant the amount of the judgment issued upon such claim, together with any interest, costs, and other amounts awarded by the judgment.

(4) Notwithstanding the provisions of section 38-26-107, upon the issuance of an order from a judge of the district court approving a bond or undertaking filed pursuant to subsection (1) of this section, the clerk of such district court shall issue a certificate of release, which shall be served on the board, officer, person, or other contracting body by whom the contract was awarded by certified mail, return receipt requested, or by personal delivery. The certificate of release shall show that such claim against the contract has been discharged and released in full and the corporate surety bond or undertaking has been substituted. After the certificate of release is filed, payments to the contractor by the contracting body by whom the contract was awarded shall resume in accordance with the terms of the contract, and any funds previously withheld as a result of the filing of the verified statement shall be released to the contractor pursuant to the terms of the contract or, if not specified in the contract, within thirty days after the receipt of the certificate of release by the board, officer, person, or other contracting body by whom the contract was awarded.

(5) When a corporate surety bond or undertaking is substituted for a claim as provided in this section, the claimant who filed the verified statement of a claim pursuant to section 38-26-107 (1) may bring an action against such bond or undertaking. Such action shall be commenced within the time allowed for the commencement of an action set forth in section 38-26-107 (3).

(6) In the event that no action is commenced upon the corporate surety bond or undertaking within the time period called for by section 38-26-107, the corporate surety bond or undertaking shall be discharged and shall be returned to the contractor.
C.R.S. § 38-1-113 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-113
38-1-113. Verdict recorded
Status: in_force

38-1-113. Verdict recorded. The court shall cause the verdict of the jury and the judgment of said court to be entered upon the records of said court.
C.R.S. § 38-13-1503 — CO Code / Title 38 / Article 13 / Part 15 / Section 38-13-1503
38-13-1503. Transitional provision
Status: in_force

38-13-1503. Transitional provision. (1) An initial report filed under this article 13 for property that was not required to be reported before July 1, 2020, but that is required to be reported under this article 13, must include all items of property that would have been presumed abandoned during the five-year period preceding July 1, 2020, as if this article 13 had been in effect during that period.

(2) This article 13 does not relieve a holder of a duty that arose before July 1, 2020, to report, pay, or deliver property. Subject to section 38-13-609, a holder that did not comply with the law governing unclaimed property before July 1, 2020, is subject to applicable provisions for enforcement and penalties in effect before July 1, 2020.
C.R.S. § 38-23-104 — CO Code / Title 38 / Article 23 / Section 38-23-104
38-23-104. Claimant to file verified statement
Status: in_force

38-23-104. Claimant to file verified statement. Any person wishing to avail himself of the provisions of this article shall file for record in the office of the county clerk and recorder of the county wherein the ditch to be affected by the lien is situated, within thirty days after the completion of such work, a statement addressed to the owner of the interest upon which such lien is claimed, specifying the name of the ditch and the extent of the interest in the same upon which such lien is claimed; the date upon which the work was commenced and the date it was completed; the total amount expended on such ditch and the amount due from such delinquent coowners. Said statement shall be signed and verified upon oath by a claimant.
C.R.S. § 38-22-117 — CO Code / Title 38 / Article 22 / Section 38-22-117
38-22-117. Assignment of lien - failure to support lien
Status: in_force

38-22-117. Assignment of lien - failure to support lien. Any party claiming a lien may assign in writing his claim and lien to any other claimant or other person who shall thereupon have all the rights and remedies of the assignor for the purpose of filing and for the enforcement of any such lien by action under this article, and the assignment shall be a sufficient consideration as to all other parties for the purpose of such action. Such assignment may be made before or after the filing of the statement of lien. Any such claimant, whether as assignee or otherwise, may include all the liens he may possess against the same property in any such statement, and when more than one such claim is included in one such statement, one verification thereto shall be sufficient. Any person may file separate statements of two or more claims. If, on the trial of a cause under the provisions of this article, the proceedings will not support a lien, the plaintiff and all lien claimants entitled thereto may proceed to judgment as in an action on contract, and executions may issue as provided in such cases, and said judgment shall have all the rights of a judgment in a personal action.
C.R.S. § 38-30-152 — CO Code / Title 38 / Article 30 / Section 38-30-152
38-30-152. Not applicable to wills
Status: in_force

38-30-152. Not applicable to wills. This article shall not be so construed as to embrace last wills and testaments except where expressly provided otherwise.
C.R.S. § 38-36-192 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-192
38-36-192. Theft of certificate
Status: in_force

38-36-192. Theft of certificate. Certificates of title and duplicate certificates entered or issued under this article shall be subjects of theft, and anyone stealing any such certificate commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
C.R.S. § 38-35-101 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-101
38-35-101. Acknowledgments - form - prima facie evidence
Status: in_force

38-35-101. Acknowledgments - form - prima facie evidence. (1) No officer authorized to take acknowledgments of instruments affecting title to real property shall take or certify such acknowledgments unless the person making the same is personally known to such officer to be the identical person he represents himself to be or is proved to be such by at least one credible person known to such officer. It shall not be necessary to state such fact in his certificate of acknowledgment attached to any instrument affecting title to real property.

(2) Any deed or other instrument relating to or affecting title to real property acknowledged substantially in accordance with the following form before a proper official shall be prima facie evidence of the proper execution thereof:

STATE OF COLORADO )

) ss.

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

The foregoing instrument was acknowledged before me this ........ day of ................, 20...., by .................................................................................................................... .

(if by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the president or other officers of such corporation, naming it). If acknowledgment is taken by a notary public, the date of expiration of his commission shall also appear on the certificate.

Witness my hand and official seal.

........................................

Title of Officer

(3) As to any instrument acknowledged substantially in accordance with the above form of acknowledgment, such acknowledgment shall be prima facie evidence:

(a) That the person named therein as acknowledging the instrument appeared in person before the official taking the acknowledgment and was personally known to such official to be the person whose name was subscribed to the instrument and that such person acknowledged that he signed the instrument as his free and voluntary act for the uses and purposes therein set forth;

(b) If the acknowledgment is by a person in a representative or official capacity, that the person acknowledging the instrument acknowledged it to be his free and voluntary act in such capacity or as the free and voluntary act of the principal, person, or entity represented;

(c) If the person acknowledging is an officer of a corporation, that such person was known to the official taking the acknowledgment to be such corporate officer and that the instrument was executed and acknowledged by such corporate officer, with proper authority from the corporation, as the act of such corporation;

(d) If the persons acknowledging are directors, trustees, or managers of a dissolved or expired corporation, acting last before the time of the dissolution or expiration of such corporation, or the survivors of them, that such persons were such corporate directors, trustees, or managers, or the survivors of them, and that the instrument was executed and acknowledged by them with proper authority;

(e) If the person acknowledging is a partner, that such person was such partner and that the instrument was executed and acknowledged by such partner with proper authority from such partnership as the act of such partnership.

(4) If such instrument has been acknowledged in the manner provided in this section and has been recorded in the office of the proper county clerk and recorder, it shall also be prima facie evidence of due delivery of such instrument, irrespective of the length of time that may have elapsed between the date of such instrument and the date when such instrument was so recorded. The provisions of this section shall relate and apply to all instruments which have been executed prior to May 4, 1937, as well as to all instruments which are executed after said date, irrespective of whether such instruments have been acknowledged before or after said date and irrespective of whether such instruments are recorded before or after said date.

(5) The seal required to be affixed to a deed or other instrument under the provisions of this section may consist of a rubber stamp with a facsimile affixed thereon of the seal required to be used and may be placed or stamped upon the deed or other instrument requiring the seal with indelible ink.
C.R.S. § 38-33.3-316 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-316
38-33.3-316. Lien for assessments - liens for fines, fees, charges, costs, and attorney fees
Status: in_force

38-33.3-316. Lien for assessments - liens for fines, fees, charges, costs, and attorney fees - limitations. (1) (a) The association, if such association is incorporated or organized as a limited liability company, has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Fees, charges, late charges, attorney fees up to the maximum amount authorized under subsection (7) of this section, fines, and interest charged pursuant to section 38-33.3-302 (1)(j), (1)(k), and (1)(l), section 38-33.3-313 (6), and section 38-33.3-315 (2) may be subject to a statutory lien but are not subject to a foreclosure action under this article 33.3.

(b) If an assessment is payable in installments, each installment may be subject to a statutory lien if the unit owner fails to pay the installment within fifteen days after the installment becomes due, but the association may not pursue legal action for unpaid monthly installments until the unit owner has failed to pay at least three monthly installments pursuant to section 38-33.3-209.5 (7)(a)(III)(B).

(2) (a) A lien under this section is prior to all other liens and encumbrances on a unit except:

(I) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes, or takes subject to;

(II) A security interest on the unit which has priority over all other security interests on the unit and which was recorded before the date on which the assessment sought to be enforced became delinquent, or, in a cooperative, a security interest encumbering only the unit owner's interest which has priority over all other security interests on the unit and which was perfected before the date on which the assessment sought to be enforced became delinquent; and

(III) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative.

(b) Subject to paragraph (d) of this subsection (2), a lien under this section is also prior to the security interests described in subparagraph (II) of paragraph (a) of this subsection (2) to the extent of:

(I) An amount equal to the common expense assessments based on a periodic budget adopted by the association under section 38-33.3-315 (1) which would have become due, in the absence of any acceleration, during the six months immediately preceding institution by either the association or any party holding a lien senior to any part of the association lien created under this section of an action or a nonjudicial foreclosure either to enforce or to extinguish the lien.

(II) (Deleted by amendment, L. 93, p. 653, § 21, effective April 30, 1993.)

(c) This subsection (2) does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the association. A lien under this section is not subject to the provisions of part 2 of article 41 of this title or to the provisions of section 15-11-202, C.R.S.

(d) A lien described in subsection (1) of this section has the priority described in this subsection (2) if the other lien or encumbrance is created after June 30, 1992.

(3) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

(4) Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessments is required.

(5) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six years after the full amount of assessments become due.

(6) This section does not prohibit actions or suits to recover sums for which subsection (1) of this section creates a lien or to prohibit an association from taking a deed in lieu of foreclosure.

(7) (a) (I) The association is entitled to costs and reasonable attorney fees that the association incurs in any action or suit for a judgment or decree brought by the association under this section.

(II) A court shall determine reasonable attorney fees in accordance with rule 121 sec. 1-22 of the Colorado rules of civil procedure.

(b) An association is not entitled to recover attorney fees under subsection (7)(a) of this section for attorney fees incurred before the association has complied with the notice requirements of section 38-33.3-209.5 (1.7)(a) with regard to any matter for which the association is required to comply with the notice requirements of section 38-33.3-209.5 (1.7)(a).

(8) The association shall furnish to a unit owner or such unit owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such owner's unit. The statement shall be furnished within fourteen calendar days after receipt of the request and is binding on the association, the executive board, and every unit owner. If no statement is furnished to the unit owner or holder of a security interest or his or her designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the association shall have no right to assert a lien upon the unit for unpaid assessments which were due as of the date of the request.

(9) In any action by an association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver of the unit owner to collect all sums alleged to be due from the unit owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the association during the pending of the action to the extent of the association's common expense assessments.

(10) In a cooperative, upon nonpayment of an assessment on a unit, the unit owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and the lien may be foreclosed as provided by this section.

(10.5) To foreclose a lien described in this section:

(a) The association must have obtained a personal judgment against the unit owner in a civil action to collect the amounts due;

(b) The association must have attempted to bring a civil action against the unit owner but was prevented by the death of or incapacity of the unit owner;

(c) The association must have attempted to bring a civil action against the unit owner and made a reasonable attempt to serve the unit owner but the association was unable to serve the unit owner within one hundred eighty days; or

(d) The unit owner must have filed a bankruptcy petition or must have an involuntary bankruptcy petition filed against the unit owner, and the amount due the association is subject to the bankruptcy civil action.

(10.6) Subsection (10.5) of this section:

(a) Applies exclusively to a unit owned by an individual who occupies the unit as the unit owner's principal residence, unless the unit is used for workforce housing;

(b) Does not apply to a unit owned by an entity other than an individual or a unit that is not occupied as the unit owner's principal residence, unless the unit is used for workforce housing; and

(c) Applies to a unit used for workforce housing.

(10.7) (a) At least thirty days before initiating legal action to foreclose a lien under this section, the association shall provide written and electronic notice to the unit owner or the unit owner's designee that the unit owner has the right to engage in mediation prior to litigation. To initiate mediation, the unit owner must respond within thirty days after the date of the notice.

(b) To participate in mediation, both parties must:

(I) Select a mutually agreeable mediator knowledgeable about this article 33.3 and common interest community disputes; and

(II) Schedule the mediation session within thirty days after the notice provided in accordance with subsection (10.7)(a) of this section.

(c) If a unit owner fails to comply with subsection (10.7)(b) of this section within thirty days after the notice provided in accordance with subsection (10.7)(a) of this section, this subsection (10.7) does not bar the association from filing a civil action, which is subject to the rest of this section.

(d) At least thirty days before initiating legal action to foreclose a lien under this section, the association shall provide written and electronic notice to all lienholders identified on the unit owner property records of the pending legal action for foreclosure. The notice must include the amount of any outstanding assessment and other money owed.

(11) Subject to subsection (10.5) of this section, the association's lien may be foreclosed by any of the following means:

(a) In a condominium or planned community, the association's lien may be foreclosed in like manner as a mortgage on real estate; except that the association or a holder or assignee of the association's lien, whether the holder or assignee of the association's lien is an entity or a natural person, may only foreclose on the lien if:

(I) The balance of the assessments and charges secured by its lien, as defined in subsection (2) of this section, equals or exceeds six months of common expense assessments based on a periodic budget adopted by the association; and

(II) The executive board has formally resolved, by a recorded vote, to authorize the filing of a legal action against the specific unit on an individual basis. The board may not delegate its duty to act under this subparagraph (II) to any attorney, insurer, manager, or other person, and any legal action filed without evidence of the recorded vote authorizing the action must be dismissed. No attorney fees, court costs, or other charges incurred by the association or a holder or assignee of the association's lien in connection with an action that is dismissed for this reason may be assessed against the unit owner.

(b) In a cooperative whose unit owners' interests in the units are real estate as determined in accordance with the provisions of section 38-33.3-105, the association's lien must be foreclosed in like manner as a mortgage on real estate; except that the association or a holder or assignee of the association's lien, whether the holder or assignee of the association's lien is an entity or a natural person, may only foreclose on the lien if:

(I) The balance of the assessments and charges secured by its lien, as defined in subsection (2) of this section, equals or exceeds six months of common expense assessments based on a periodic budget adopted by the association; and

(II) The executive board has formally resolved, by a recorded vote, to authorize the filing of a legal action against the specific unit on an individual basis. The board may not delegate its duty to act under this subparagraph (II) to any attorney, insurer, manager, or other person, and any legal action filed without evidence of the recorded vote authorizing the action must be dismissed. No attorney fees, court costs, or other charges incurred by the association or a holder or assignee of the association's lien in connection with an action that is dismissed for this reason may be assessed against the unit owner.

(c) In a cooperative whose unit owners' interests in the units are personal property, as determined in accordance with the provisions of section 38-33.3-105, the association's lien must be foreclosed as a security interest under the "Uniform Commercial Code", title 4, C.R.S.

(12) (a) If a unit has been foreclosed pursuant to a lien subject to this section, the following persons shall not purchase the foreclosed unit:

(I) A member of the executive board;

(II) An employee of a community association management company representing the association;

(III) An employee of a law firm representing the association;

(IV) An immediate family member, as defined in section 2-4-401 (3.7), of an executive board member, community association management company employee, or law firm employee; or

(V) A community association management company representing the association.

(b) The prohibition on the purchase of a foreclosed unit in subsection (12)(a) of this section includes an individual or a community association management company that was, at any time during the five-year period immediately preceding the sale of the foreclosed unit, an individual or a community association management company described in subsection (12)(a) of this section. The prohibition in this section also includes a business entity that was, at any time during the five-year period immediately preceding the sale of the foreclosed unit, owned by or affiliated with an individual or community association management company described in subsection (12)(a) of this section.

(13) A person that purchases a unit through the foreclosure of a lien under this section acquires the unit subject to any covenants or limitations on the use or sale of the unit to which the previous unit owner was subject.
C.R.S. § 38-36-165 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-165
38-36-165. Petition to court for new certificate
Status: in_force

38-36-165. Petition to court for new certificate. In all cases wherein by this article it is provided that a new certificate of title to registered land shall be entered by order of the court, a person applying for such new certificate shall apply to the court by petition, setting forth the facts, and the court shall, after notice given to all parties in interest, as the court may direct, and upon hearing, make an order or decree for the entry of a new certificate to such person as shall appear to be entitled thereto.
C.R.S. § 38-29-112 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-112
38-29-112. Certificate of title - transfer
Status: in_force

38-29-112. Certificate of title - transfer. (1) Upon the sale or transfer of a manufactured home for which a certificate of title has been issued, the person in whose name said certificate of title is registered, if he is other than a dealer, shall, in his own person or by his duly authorized agent or attorney, execute a formal transfer of the home described in the certificate, which transfer shall be affirmed by a statement signed by the person in whose name said certificate of title is registered or by his duly authorized agent or attorney and shall contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. The purchaser or transferee, within thirty days thereafter, shall present such certificate, duly transferred, together with his application for a new certificate of title to the director or one of his authorized agents, accompanied by the fee required in section 38-29-138 to be paid for the issuance of a new certificate of title; whereupon, a new certificate of title shall be issued and disposition thereof made as required in this article.

(1.3) Prior to the sale or transfer of a manufactured home for which a certificate of title has been issued, a holder of a mortgage that is the legal holder of certificate of title shall provide a copy of the certificate of title to any title insurance agent, title insurance company, or financial institution requesting information related to the payoff of the mortgage within fourteen days of the request.

(1.5) The purchaser or transferee of a manufactured home that becomes permanently affixed at an existing site or is transported to a site and is permanently affixed to the ground so that it is no longer capable of being drawn over the public highways shall present a certificate of transfer as required in subsection (1) of this section, together with his or her application for purging a manufactured home title and a certificate of permanent location, to the authorized agent of the county or city or city and county in which such manufactured home is located. The manufactured home shall become real property upon the filing and recording of the certificate of permanent location in accordance with section 38-29-202. The provisions of articles 30 to 44 of this title and of any other law of this state shall be applicable to manufactured homes that have become real property pursuant to this subsection (1.5) and to instruments creating, disposing of, or otherwise affecting such real property wherever such provisions would be applicable to estates, rights, and interests in land or to instruments creating, disposing of, or otherwise affecting estates, rights, and interest in land. The manufactured home for which a Colorado certificate of title has been issued shall continue to be valued and taxed separately from the land on which it sits until such time that the manufactured home becomes real property pursuant to this subsection (1.5).

(1.7) (a) If the conditions set forth in paragraph (b) of this subsection (1.7) are met, the legal holder of the certificate of title, within forty-five days, shall deliver to the title insurance agent who is the settlement agent related to the sale of the manufactured home the certificate of title or evidence that the holder has lost the certificate of title and requested a duplicate from the department. The holder shall mail or otherwise deliver the duplicate certificate of title to the title insurance agent within five business days of receipt from the department. Upon receipt from the holder, the title insurance agent shall present the certificate of title to the person in whose name the certificate of title is issued or his or her authorized agent or attorney to allow such person to execute a formal transfer as required by subsection (1) of this section.

(b) The provisions of paragraph (a) of this subsection (1.7) shall apply if:

(I) A title insurance agent acts as a settlement agent related to the sale of a manufactured home;

(II) The manufactured home that is sold is the subject of one or more mortgages that have been filed pursuant to section 38-29-128; and

(III) All holders of a mortgage on the manufactured home that have been filed pursuant to section 38-29-128 have been paid in full from the proceeds of the sale.

(2) Any person who violates any of the provisions of subsection (1) of this section commits a class 2 misdemeanor.

(3) Any person who violates the provisions of subsection (1.3) or (1.7) of this section shall be liable to an injured person for any actual economic damages caused by the violation, to be recovered in a civil action in a court of competent jurisdiction.
C.R.S. § 38-39-107 — CO Code / Title 38 / Article 39 / Part 1 / Section 38-39-107
38-39-107. Form of written request for release of a deed of trust with production of the ev
Status: in_force

38-39-107. Form of written request for release of a deed of trust with production of the evidence of debt. A written request to a public trustee made pursuant to section 38-39-102 (1)(a) to release a deed of trust with production of the original canceled evidence of debt may be in substantially the following form:

Original Note and Deed of Trust Returned to:

When recorded return to:

Prepared/Received by:

REQUEST FOR FULL [ ] / PARTIAL [ ]

RELEASE OF DEED OF TRUST AND RELEASE

BY HOLDER OF THE EVIDENCE OF DEBT WITH

PRODUCTION OF EVIDENCE OF DEBT PURSUANT

TO § 38-39-102 (1)(a), COLORADO REVISED STATUTES

___________________________ Date

___________________________ Original Grantor (Borrower)

___________________________

___________________________ Current Address of Original Grantor,

___________________________ Assuming Party, or Current Owner

[ ] Check here if current address is unknown.

___________________________ Original Beneficiary (Lender)

___________________________

___________________________ Date of Deed of Trust

___________________________ Date of Recording and/or Re-Recording of Deed of Trust

___________________________ Recording Information

County Rcpt. No. and/or Film No. and/or Book/Page No. and/or Torrens Reg. No.

TO THE PUBLIC TRUSTEE OF COUNTY

(The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust)

PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as:

_________________________________________________________

(IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE.)

Name and address of current holder of the evidence of debt secured by deed of trust (lender)

_________________________________________________________

Name, title, and address of officer, agent, or attorney of current holder

___________________________________________________________

Signature Signature

State of , County of

The foregoing Request for Release was acknowledged before me on

(Date) by* (Notary Seal)

_______________________________Date Commission Expires

*If applicable, insert title of officer and name of current holder

____________________________________

Notary Public Witness my hand and official seal

RELEASE OF DEED OF TRUST

WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and

WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the current holder of the evidence of debt;

NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel, and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging.

___________________________________

Public Trustee

____________________________________

Deputy Public Trustee

(Public Trustee use only; use appropriate label)

(Public Trustee's seal)

(If applicable: Notary Seal)

___________________________________________________________

(If applicable, name and address of person creating new legal description as required by § 38-35-106.5, Colorado Revised Statutes.)
C.R.S. § 38-36-157 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-157
38-36-157. Registered land subject to same laws as unregistered land
Status: in_force

38-36-157. Registered land subject to same laws as unregistered land. Registered land and ownership therein shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land. Nothing in this article shall in any way be construed to relieve registered land or the owners thereof from any rights incident to the relation of husband and wife, or from liability to attachment on mesne process, or levy on execution, or from liability of any lien of any description established by law on land and the improvements thereon, or the interest of the owner in such land or improvements, or to change the laws of descent, or the rights of partition between cotenants, or the right to take the same by eminent domain, or to relieve such land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the provisions of law relating thereto, or to change or affect in any way any other rights or liabilities created by law and applicable to unregistered land, except as otherwise expressly provided in this article.
C.R.S. § 38-7-107 — CO Code / Title 38 / Article 7 / Section 38-7-107
38-7-107. Interest
Status: in_force

38-7-107. Interest. The petitioner shall pay interest as provided in section 38-1-116; except that no interest shall be allowed on that portion of the award which the respondent received or could have received as a partial payment by withdrawal from the sum deposited by the petitioner pursuant to section 38-7-103 (2).
C.R.S. § 38-12-1404 — CO Code / Title 38 / Article 12 / Part 14 / Section 38-12-1404
38-12-1404. Concurrent mobile home leases
Status: in_force

38-12-1404. Concurrent mobile home leases. (1) For a rent-to-own contract covered under this part 14, the seller must offer the purchaser a mobile home lease for a period equivalent to the period in which the purchaser has to complete the purchase of the mobile home.

(2) For a rent-to-own contract when the seller is the owner of more than one mobile home within the same mobile home park and is not the landlord of the park, the seller shall not enter into a rent-to-own contract unless the seller's rental agreement with the landlord of the mobile home park or any binding addendum to the rental agreement specifically permits the seller to sublease and sell the mobile home and the seller has satisfied any requirements of the landlord of the mobile home park related to sublessees and the sale of mobile homes. If a seller fails to satisfy the requirements of this subsection (2), the rent-to-own contract is invalid and unenforceable by the seller, and the seller must return to the purchaser, within ten calendar days, any purchase payments and any other money that the seller has received from the purchaser.

(3) A mobile home lease must be a separate document from the rent-to-own contract.
C.R.S. § 38-20-209 — CO Code / Title 38 / Article 20 / Part 2 / Section 38-20-209
38-20-209. Lien as security interest
Status: in_force

38-20-209. Lien as security interest. A lien created pursuant to this article shall be considered a security interest for purposes of section 18-5-206, C.R.S.
C.R.S. § 38-36-126 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-126
38-36-126. Decree, when no answer filed - binds unknown claimants
Status: in_force

38-36-126. Decree, when no answer filed - binds unknown claimants. If no person appears and answers within the time named in the summons or allowed by the court, the court may at once, upon the motion of the applicant, no reason to the contrary appearing and upon satisfactory proof of the applicant's right thereto, make its order and decree confirming the title of the applicant and ordering registration of the same. By the description in the summons, "all other persons unknown, claiming any right, title, estate, lien, or interest in, to, or upon the real estate described in the application herein", all the world are made parties defendant and shall be concluded by the default, order, and decree. The court shall not be bound by the report of the examiners of title but may require other or further proof.
C.R.S. § 38-13-904 — CO Code / Title 38 / Article 13 / Part 9 / Section 38-13-904
38-13-904. When administrator must honor claim for property
Status: in_force

38-13-904. When administrator must honor claim for property. (1) The administrator shall pay or deliver property to a claimant under section 38-13-903 if the administrator receives evidence sufficient to establish to the satisfaction of the administrator that the claimant is the owner of the property.

(2) Not later than ninety days after a claim is filed under section 38-13-903, the administrator shall allow or deny the claim and give the claimant notice of the decision in a record. If the claim is denied:

(a) The administrator shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be allowed;

(b) The claimant may file an amended claim with the administrator or commence an action under section 38-13-906; and

(c) The administrator shall consider an amended claim filed under subsection (2)(b) of this section as an initial claim.

(3) If the administrator does not take action on a claim during the ninety-day period following the filing of a claim under section 38-13-903 (1), the claim is deemed denied.
C.R.S. § 38-4-113 — CO Code / Title 38 / Article 4 / Section 38-4-113
38-4-113. Power company to file map
Status: in_force

38-4-113. Power company to file map. Any such electric power transmission corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it proposes to operate a map or survey of the proposed lines for which it desires a right-of-way, together with a statement showing the route of the proposed lines and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed lines.
C.R.S. § 38-4-107 — CO Code / Title 38 / Article 4 / Section 38-4-107
38-4-107. Compensation
Status: in_force

38-4-107. Compensation. Any such corporation shall make due and just compensation for such right-of-way to the owners of the property through which it is proposed to construct, operate, and maintain such tunnel, pipeline, electric transmission lines, or aerial tramway. When the parties cannot agree upon such right-of-way and the amount of compensation to be paid the owner of such property, the same shall be determined in the manner provided by law for the exercise of the right of eminent domain.
C.R.S. § 38-46-101 — CO Code / Title 38 / Article 46 / Section 38-46-101
38-46-101. Definitions
Status: in_force

38-46-101. Definitions. As used in this article 46, unless the context otherwise requires:

(1) "Contract" means a contract to construct, alter, or repair a structure on or improvement on real property.

(2) "Contractor" means a person that is a party to a contract with a property owner.

(3) "Property owner" means a private person with an interest, including a leasehold interest, in real property or in a real property fixture that has entered into a contract with a contractor.

(4) "Retainage" means a percentage of:

(a) A contract or subcontract price retained from a contractor or subcontractor as assurance that the contract or subcontract will be satisfactorily completed; or

(b) A supply agreement price as assurance that the goods, materials, or equipment meets the specifications necessary for satisfactory performance of a contract or subcontract.

(5) (a) "Subcontract" means an agreement:

(I) To perform a portion of the work required by a contract; and

(II) To furnish or perform on-site labor, with or without furnishing materials.

(b) To be a subcontract, an agreement need not be made directly with a contractor; the agreement may be made with a subcontractor or a subsequent subcontractor.

(6) "Subcontractor" means a person that enters into a subcontract with a contractor, a subcontractor, or a subsequent subcontractor.

(7) "Subsequent subcontractor" includes a person who has signed a subcontract with a sub-subcontractor, a sub-sub-subcontractor, or any additional level of subcontractor.

(8) "Supply agreement" means an agreement to provide materials, goods, or equipment to a contractor or subcontractor.
C.R.S. § 38-13-703 — CO Code / Title 38 / Article 13 / Part 7 / Section 38-13-703
38-13-703. Recovery of securities or value by owner
Status: in_force

38-13-703. Recovery of securities or value by owner. (1) A person that makes a valid claim under this article 13 of ownership of a security is entitled to receive:

(a) The security the holder delivered to the administrator, if it is in the custody of the administrator, plus dividends, interest, and other increments on the security up to the time the administrator delivers the security to the person; or

(b) The net proceeds of the sale of the security, plus dividends, interest, and other increments on the security up to the time the security was sold.
C.R.S. § 38-24-110 — CO Code / Title 38 / Article 24 / Section 38-24-110
38-24-110. Provisions of article cumulative
Status: in_force

38-24-110. Provisions of article cumulative. The provisions of this article are cumulative and in addition to all lien rights and remedies already provided by the laws of this state.
C.R.S. § 38-33.3-115 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-115
38-33.3-115. Applicability to new common interest communities
Status: in_force

38-33.3-115. Applicability to new common interest communities. Except as provided in section 38-33.3-116, this article applies to all common interest communities created within this state on or after July 1, 1992. The provisions of sections 38-33-101 to 38-33-109 do not apply to common interest communities created on or after July 1, 1992. The provisions of sections 38-33-110 to 38-33-113 shall remain in effect for all common interest communities.
C.R.S. § 38-41-103 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-103
38-41-103. Evidence of adverse possession
Status: in_force

38-41-103. Evidence of adverse possession. If the records in the office of the county clerk and recorder of the county wherein the real property is situate show by conveyance or other instrument that the party in possession or his predecessors or grantors, through descent, conveyance, or otherwise, have asserted a continuous claim of ownership to the real property adverse to the record owner thereof for a period of eighteen years, then the record shall be deemed prima facie evidence of adverse possession during said period and compliance with the requirements of sections 38-41-101 and 38-41-102.
C.R.S. § 38-35-204 — CO Code / Title 38 / Article 35 / Part 2 / Section 38-35-204
38-35-204. Order to show cause
Status: in_force

38-35-204. Order to show cause. (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado for an order to show cause why the lien or document should not be declared invalid. The petition shall set forth a concise statement of the facts upon which the petition is based and shall be supported by an affidavit of the petitioner or the petitioner's attorney. The order to show cause may be granted ex parte and shall:

(a) Direct any lien claimant and any person who recorded or filed the lien or document to appear as respondent before the court at a time and place certain not less than fourteen days nor more than twenty-one days after service of the order to show cause why the lien or document should not be declared invalid and why such other relief provided for by this section should not be granted;

(b) State that, if the respondent fails to appear at the time and place specified, the spurious lien or spurious document will be declared invalid and released; and

(c) State that the court shall award costs, including reasonable attorney fees, to the prevailing party.

(2) If, following the hearing on the order to show cause, the court determines that the lien or document is a spurious lien or spurious document, the court shall make findings of fact and enter an order and decree declaring the spurious lien or spurious document and any related notice of lis pendens invalid, releasing the recorded or filed spurious lien or spurious document, and entering a monetary judgment in the amount of the petitioner's costs, including reasonable attorney fees, against any respondent and in favor of the petitioner. A certified copy of such order may be recorded or filed in the office of any state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state.

(3) If, following the hearing on the order to show cause, the court determines that the lien or document is not a spurious lien or spurious document, the court shall issue an order so finding and enter a monetary judgment in the amount of any respondent's costs, including reasonable attorney fees, against any petitioner and in favor of the respondent.
C.R.S. § 38-13-205 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-205
38-13-205. When contents of safe-deposit box presumed abandoned
Status: in_force

38-13-205. When contents of safe-deposit box presumed abandoned. (1) Tangible property held in a safe-deposit box and proceeds from a sale of the property by the holder permitted by law of this state other than this article 13 are presumed abandoned if the property remains unclaimed by the apparent owner five years after the earlier of the:

(a) Expiration of the lease or rental period for the box; or

(b) Earliest date when the lessor of the box is authorized by law of this state other than this article 13 to enter the box and remove or dispose of the contents without consent or authorization of the lessee.
C.R.S. § 38-12-507 — CO Code / Title 38 / Article 12 / Part 5 / Section 38-12-507
38-12-507. Breach of warranty of habitability - tenant's remedies
Status: in_force

38-12-507. Breach of warranty of habitability - tenant's remedies. (1) If there is a breach of the warranty of habitability as set forth in section 38-12-503, a tenant may exercise one or more of the following remedies:

(a) (I) A tenant may terminate a rental agreement without any liability or financial penalty to the tenant if the condition that caused the breach remains unremedied or unrepaired and the tenant provides the landlord ten to sixty days' written notice that states:

(A) The uninhabitable condition or conditions that remain unremedied or unrepaired;

(B) The tenant's intent to terminate the lease and vacate the dwelling unit; and

(C) The date upon which the tenant intends to terminate the lease, which date must be at least ten days after the date that the notice is provided to the landlord.

(II) If the landlord commences or completes remedial action before the termination date provided by the tenant in accordance with subsection (1)(a)(I)(C) of this section, the landlord and tenant may agree, in writing at the time the condition is being remedied or repaired or after the condition has been remedied or repaired, to rescind the tenant's intent to terminate the lease and continue the housing arrangement under the landlord and tenant's existing rental agreement.

(b) (I) A tenant may terminate a rental agreement without any liability or financial penalty to the tenant if a condition that caused a breach of warranty of habitability recurs within six months after the condition was originally remedied or repaired and the tenant, within thirty days after the condition recurs, provides the landlord:

(A) At least ten days' written notice that states the same uninhabitable condition has recurred; and

(B) The date that the tenant intends to terminate the rental agreement and vacate the dwelling unit, which date must be at least ten days after the date that the notice is provided to the landlord.

(II) If the landlord commences or completes remedial action before the termination date provided by the tenant in accordance with subsection (1)(b)(I)(B) of this section, the landlord and tenant may agree in writing, at the time the condition is being remedied or repaired or after the condition has been remedied or repaired, to rescind the tenant's intent to terminate the rental agreement and continue the housing arrangement under the landlord and tenant's existing rental agreement.

(c) (I) The tenant may deduct from one or more rent payments the cost of repairing or remedying a condition that is the basis of a breach of the warranty of habitability, as described in section 38-12-503, if:

(A) The tenant gives the landlord at least ten days' advance written notice of the tenant's intent to hire a licensed or otherwise qualified professional to remedy or repair the condition or conditions; except that the tenant may provide only forty-eight hours' advance written notice if the tenant has a good faith belief that the condition materially interferes with the tenant's life, health, or safety;

(B) The landlord fails to sufficiently remedy or repair the condition within the notice period described in subsection (1)(c)(I)(A) of this section or the landlord fails to provide a comparable dwelling unit or hotel room pursuant to section 38-12-503 (4);

(C) The licensed or otherwise qualified professional is not a relative of the tenant and provides an estimate for remedying or repairing the condition or conditions that is reasonably consistent with industry standards;

(D) The tenant hires the licensed or otherwise qualified professional to remedy or repair the condition; and

(E) The tenant provides the landlord with a receipt, invoice, or proof of payment for work completed by the licensed or otherwise qualified professional within a reasonable amount of time after completion of the work or within thirty days after the landlord requests the receipt, invoice, or proof of payment.

(II) A tenant may, in lieu of repairing a broken or malfunctioning appliance, replace the broken or malfunctioning appliance and deduct the cost from one or more rent payments if:

(A) The tenant gives the landlord at least three days' advance written notice of the tenant's intent to purchase and replace the broken or malfunctioning appliance with a replacement appliance;

(B) The landlord fails to sufficiently repair or replace the broken or malfunctioning appliance within the notice period described in subsection (1)(c)(I)(A) of this section;

(C) The replacement appliance is of comparable quality and has substantially the same features as the original appliance; and

(D) The tenant provides the landlord with a receipt, invoice, or proof of payment for the replacement appliance within a reasonable amount of time after completion of the work or within thirty days after the landlord requests the receipt, invoice, or proof of payment.

(III) A tenant that deducts rental payments over two or more rental periods pursuant to subsection (1)(c)(I) or (1)(c)(II) of this section is only required to provide one notice to the landlord of the tenant's intent to deduct rental payments.

(IV) If a tenant wrongfully deducts a rental payment by not substantially complying with the requirements of this subsection (1)(c), a landlord may pursue any legal remedy available under law. If a court finds that the tenant purposely deducted a rental payment in bad faith, the court shall award the landlord damages equal to double the amount of money unlawfully deducted.

(d) A tenant may assert as a claim or counterclaim, in a court of competent jurisdiction, a landlord's breach of the warranty of habitability as described in section 38-12-503 and the tenant may recover actual damages directly arising from the breach of the warranty of habitability, which shall include any reduction in the fair rental value of the dwelling unit during any period that the residential premises were uninhabitable pursuant to subsection (3) of this section. A tenant may also recover court costs, reasonable attorney fees, punitive damages, and any other damages as ordered by the court.

(e) (I) A tenant may obtain preliminary or permanent injunctive relief for breach of the warranty of habitability, including an order for specific performance, in any county or district court of competent jurisdiction. If permanent injunctive relief or specific performance is ordered, the court's jurisdiction continues over the matter for the purpose of ensuring compliance with the order. An order requiring injunctive relief or specific performance may include:

(A) An order to remedy any existing violations of this part 5, including relief to any similarly situated tenants who are reasonably likely to be affected by the condition as described in section 38-12-503 or by other violations of this part 5;

(B) An order for a landlord to modify or cease practices that give rise to a violation of this part 5; and

(C) An order for the landlord to adopt policies or practices that ensure compliance with this part 5 to minimize or eliminate the likelihood of future violations.

(II) In a proceeding for injunctive relief, the court may determine actual damages for a breach of the warranty of habitability at the time the court orders the injunctive relief or at a later time as deemed appropriate by the court.

(III) If the landlord pays damages to the court pursuant to this subsection (1)(e), and upon application by the tenant, the court shall immediately release to the tenant the damages paid by the landlord. If the tenant vacates the leased residential premises, the landlord shall not rent the residential premises again until the unit is in compliance with the warranty of habitability set forth in section 38-12-503 (1).

(f) (I) A tenant may obtain an immediate temporary restraining order without notice to the landlord in any county court or district court of competent jurisdiction, which shall require the landlord to comply with this part 5.

(II) The tenant's request for an immediate temporary restraining order that requires the landlord to comply with this part 5 may be issued if the court finds, from specific facts shown by the tenant's affidavit, verified complaint, or testimony, that:

(A) The tenant's dwelling unit is in a condition that materially interferes with the tenant's life, health, or safety;

(B) The landlord has notice of the condition;

(C) The landlord has failed to comply with this part 5; and

(D) The tenant certifies to the court in writing or on the record any efforts the tenant has made to obtain the landlord's compliance with this part 5.

(III) The tenant's request for an immediate temporary restraining order may be granted, dissolved, or modified in accordance with the requirements of any applicable Colorado rules of civil procedure; except that the tenant is not required to post security or provide proof of irreparable injury, loss, or damage.

(IV) A court of competent jurisdiction shall consider and rule on any motion for an immediate temporary restraining order pursuant to this subsection (1)(f) at the earliest possible time, and the motion takes precedence over all matters except older motions for immediate temporary restraining orders.

(2) (a) If there is a breach of the warranty of habitability as described in section 38-12-503, a tenant may raise the breach as an affirmative defense to a landlord's action for possession or an action for collection of rent.

(b) A tenant may raise a breach of the warranty of habitability as an affirmative defense in the tenant's answer or pretrial court filing. A court shall liberally construe a tenant's answer or other filing to determine whether the tenant is raising an affirmative defense.

(c) To prove an affirmative defense as described in this subsection (2), a tenant is not required to:

(I) Deposit a bond to assert or perfect a breach of the warranty of habitability as an affirmative defense;

(II) Have accrued any expense related to the breach of the warranty of habitability; or

(III) Have exercised any other remedy in this section in response to the landlord's breach of the warranty of habitability, including the deducting of rental payments as described in subsection (1)(c) of this section.

(d) (I) If a tenant raises a breach of the warranty of habitability as an affirmative defense as described in this subsection (2), the court shall order that the landlord or tenant provide any documentation relevant to the breach of the warranty of habitability that either party requests pursuant to section 13-40-111 (6)(b) to the opposing party no less than ninety-six hours before the day of trial. Such documentation may include any records, notices, reports, correspondence, or other documentation maintained by the landlord in accordance with section 38-12-503 (5).

(II) If a landlord fails to provide all relevant documentation, the court shall order a continuance of the trial, and repeated failure by the landlord to provide all relevant documentation may be good cause for appropriate sanctions against the landlord.

(III) If either the landlord or tenant fails to timely provide all relevant documentation without good cause, the court may prohibit or limit the admission of documents at trial if the court finds that the opposing party would be substantially prejudiced by the delay in providing such documentation.

(e) (I) To prove the affirmative defense described in this subsection (2) in response to an action for possession based on nonpayment of any monetary amount due pursuant to the rental agreement, the tenant must only establish that the landlord breached the warranty of habitability:

(A) Within sixty days before or at any time during the period in which the tenant is alleged to owe rent or any other monetary amount due pursuant to the rental agreement; or

(B) At any time during the tenancy, and the uninhabitable condition continued to exist into the period in which the tenant is alleged to owe rent or the monetary amount due pursuant to the rental agreement.

(II) A tenant does not need to demonstrate that the uninhabitable condition as described in section 38-12-503 exists at the time of trial.

(f) (I) To prove the affirmative defense described in this subsection (2) in response to an action for possession based on an alleged nonmonetary violation of the lease, a tenant must demonstrate that the alleged nonmonetary lease violation primarily arose from a breach of the warranty of habitability.

(II) It is not an affirmative defense described in this subsection (2) to an action for possession if the landlord proves the tenant committed a substantial violation pursuant to section 13-40-107.5.

(g) If a tenant proves an affirmative defense pursuant to this subsection (2) by a preponderance of the evidence, the court shall:

(I) Deny possession to the landlord and deem the tenant to be the prevailing party, conditioned on the payment of any rent owed to the landlord or into the court registry within thirty days after the amount owed is determined pursuant to subsection (2)(g)(VII) of this section;

(II) Order the landlord to remedy or repair any existing uninhabitable condition within a specific time frame, including:

(A) The continuance of any ongoing remedial action taken by the landlord;

(B) Compliance with any landlord obligations pursuant to this part 5;

(C) Specific performance or injunctive relief pursuant to subsections (1)(e) and (1)(f) of this section; or

(D) Any other relief the court deems necessary;

(III) Order a reduction in the fair rental value of the dwelling unit in accordance with subsection (3) of this section. Any such reduction in fair rental value applies from when the uninhabitable condition began until the condition was remedied or repaired.

(IV) Order the landlord to reimburse the tenant any difference in rent between the reduced fair rental value and any greater amount of rent that the tenant paid pursuant to the rental agreement while a breach of the warranty of habitability at the residential premises existed;

(V) Determine and award the tenant actual damages arising from any breach of the warranty of habitability; except that the tenant may elect to continue the case for further hearing on the determination and award of damages;

(VI) Award the tenant costs and attorney fees; and

(VII) Determine whether the landlord has proven that any outstanding rent is owed up to the date of trial after adjusting the rent in accordance with the fair rental value calculated pursuant to subsection (3) of this section and deducting any of the following:

(A) Any other expenses incurred by the tenant or actual damages arising from the breach of the warranty of habitability;

(B) Any attorney fees and court costs awarded to the tenant; and

(C) Any awarded monetary damages arising from separate counterclaims against the landlord that the tenant asserted and prevailed on.

(h) (I) If the tenant claims, but fails to prove at trial, the affirmative defense described in this subsection (2) by a preponderance of the evidence in a nonpayment eviction, and the landlord otherwise prevails on the landlord's nonpayment eviction claim, the court shall provide the tenant fourteen days to remit to the landlord or the court any amount of rent or other monetary amount due under the rental agreement that is owed to the landlord. If the tenant pays the amount that is owed to the landlord within fourteen days, the court shall dismiss the nonpayment claim with prejudice. If the tenant fails to pay the amount that is owed within fourteen days, the court may enter a judgment for possession.

(II) If the court determines that the tenant brought the affirmative defense frivolously or for the purpose of delay, the court's judgment for possession is not subject to the fourteen-day waiting period in accordance with subsection (2)(h)(I) of this section.

(3) If a court or jury finds a breach of the warranty of habitability, then the fair rental value of the dwelling unit is rebuttably presumed to be:

(a) Zero dollars if the underlying condition or combination of conditions materially interferes with the tenant's life, health, or safety as described in section 38-12-503 for the entire period in which the condition or conditions remained unremedied or unrepaired; or

(b) Fifty percent of the rent according to the rental agreement if the underlying condition or combination of conditions does not materially interfere with a tenant's life, health, or safety as described in section 38-12-503 for the entire period in which the condition or conditions remained unremedied or unrepaired.

(4) If a rental agreement contains a provision that allows a prevailing party in an action related to the rental agreement to obtain attorney fees and costs, and if the court determines that there is a prevailing party, then the prevailing party in an action brought under this part 5 is entitled to recover reasonable attorney fees and costs; except that a court shall only award a landlord reasonable attorney fees and costs if the court finds that a tenant has filed a frivolous complaint or counterclaim under this part 5.

(5) (a) A rental agreement or other agreement between a landlord and a tenant entered into on or after the effective date of this section, as amended, that waives or modifies a right or remedy provided in this part 5 is unlawful, void, and unenforceable, including any provision in a rental agreement or other agreement that charges a cost, fee, or penalty to a tenant because the tenant exercised or attempted to exercise a right or remedy provided in this part 5.

(b) The exercise of one or more rights or remedies provided in this section does not limit a tenant's rights to exercise or attempt to exercise any other right or remedy provided by law.

(c) A written notice required by a remedy described in this section is valid if it substantially complies with the requirements of this section.
C.R.S. § 38-38-405 — CO Code / Title 38 / Article 38 / Part 4 / Section 38-38-405
38-38-405. Certificate as prima facie evidence
Status: in_force

38-38-405. Certificate as prima facie evidence. A certificate of purchase, certificate of redemption, confirmation deed, or a certified copy thereof shall be deemed to be prima facie evidence of all statements or recitals contained therein.
C.R.S. § 38-6-206 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-206
38-6-206. Answer - hearing - jury
Status: in_force

38-6-206. Answer - hearing - jury. (1) Any defendant has the right to appear in the proceeding and file an answer, in writing, with the clerk of the court, at any time prior to the date fixed for the hearing of the petition but not thereafter, in which answer said defendant shall set forth such objections as he may have to the condemnation or appropriation of any water right owned by him or to the prosecution of said proceeding.

(2) Any defendant may file a demand for a jury trial as provided for in section 38-6-211 (1), prior to the date fixed for the hearing of the petition.

(3) At the time set for the hearing of said petition or at the time to which the hearing may have been continued by the court, the court shall proceed to hear any objections raised by the answer provided for in subsection (1) of this section. The court shall also appoint three commissioners to carry out the provisions of this part 2.
C.R.S. § 38-13-403 — CO Code / Title 38 / Article 13 / Part 4 / Section 38-13-403
38-13-403. When report to be filed
Status: in_force

38-13-403. When report to be filed. (1) Except as otherwise provided in subsection (2) of this section and subject to subsection (3) of this section, the report under section 38-13-401 must be filed before November 1 of each year and cover the twelve months preceding July 1 of that year.

(2) Subject to subsection (3) of this section, the report to be filed by an insurance company under section 38-13-401 must be filed before May 1 of each year for the immediately preceding calendar year.

(3) Before the date for filing the report under section 38-13-401, the holder of property presumed abandoned may request the administrator to extend the time for filing. The administrator may grant an extension. If the extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. The payment or partial payment terminates accrual of interest on the amount paid.
C.R.S. § 38-12-201.5 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-201.5
38-12-201.5. Definitions
Status: in_force

38-12-201.5. Definitions. As used in this part 2 and in parts 11 and 14 of this article 12, unless the context otherwise requires:

(1) "Division" means the division of housing in the department of local affairs.

(1.5) "Entry fee" means any fee paid to or received from an owner of a mobile home park or an agent thereof except for:

(a) Rent;

(b) A security deposit to pay for actual damages to the premises or to secure rental payments;

(c) Fees charged by any governmental agency of the state, a county, a town, or a city;

(d) Utilities;

(e) Incidental reasonable charges for services actually performed by the mobile home park owner or the mobile home park owner's agent and agreed to in writing by the home owner;

(f) Late fees; and

(g) Membership fees paid to join a resident or home owner cooperative that owns the mobile home park or other parks qualifying as common interest communities pursuant to the "Colorado Common Interest Ownership Act", article 33.3 of this title 38.

(2) "Home owner" means any person or family of a person who owns a mobile home that is subject to a tenancy in a mobile home park under a rental agreement. "Home owner" includes a resident who is under a rent-to-own contract pursuant to part 14 of this article 12 that has not been terminated.

(2.5) "Late fee" has the meaning set forth in section 38-12-102 (3).

(3) "Management" or "landlord" means the owner of a mobile home park or person responsible for operating and managing a mobile home park or an agent, employee, or representative authorized to act on the management's behalf in connection with matters relating to tenancy in the park.

(4) "Management visit" means an entry by management on a mobile home lot.

(5) "Mobile home" means:

(a) A single-family dwelling that is built on a permanent chassis; is designed for long-term residential occupancy; contains complete electrical, plumbing, and sanitary facilities; is designed to be installed in a permanent or semipermanent manner with or without a permanent foundation; and is capable of being drawn over public highways as a unit or in sections by special permit;

(b) A manufactured home, as defined in section 38-29-102 (6), if the manufactured home is situated in a mobile home park; or

(c) A tiny home, as defined in section 24-32-3302 (35), that is used as a long-term residence in the mobile home park.

(6) "Mobile home park" or "park" means a parcel of land used for the accommodation of five or more mobile homes for which the management or landlord has a rental agreement with a tenant for a mobile home or lot or is receiving rent payments for a mobile home or lot from a tenant or a third party. "Mobile home park" does not include mobile home subdivisions or property zoned for manufactured home subdivisions. For purposes of this definition, the parcel of land comprising the mobile home park does not need to be contiguous, but must be in the same neighborhood as determined by the division.

(6.5) "Mobile home space", "space", "mobile home lot", or "lot" means a parcel of land within a mobile home park designated by the management to accommodate one mobile home and its accessory buildings and to which the required sewer and utility connections are provided by the park.

(7) "Mobile home subdivision" or "manufactured home subdivision" means any parcel of land that is divided into two or more parcels, separate interests, or interests in common, where each parcel or interest is owned by an individual or entity who owns both a mobile home and the land underneath the mobile home; except that a parcel is not a "mobile home subdivision" or "manufactured home subdivision" when the same owner owns a parcel or subdivided parcels or interests that are collectively used for the continuous accommodation of five or more occupied mobile homes and operated for the pecuniary benefit of the landowner or their agents, lessees, or assignees.

(8) "Premises" means a mobile home park and existing facilities and appurtenances of the park, including furniture and utilities where applicable, and grounds, areas, and existing facilities held out for the use of home owners generally or the use of which is promised to home owners.

(9) "Rent" means any money or other consideration to be paid to the management for the right of use, possession, and occupation of the premises.

(10) "Rental agreement" means an agreement, written or implied by law, between the management and a home owner establishing the terms and conditions of a tenancy, including reasonable rules and regulations promulgated by the park management. A lease is a rental agreement.

(11) "Resident" means an individual who resides in a mobile home that is located in a mobile home park, regardless of whether the individual is the home owner.

(12) "Retaliatory action" includes:

(a) Increasing rent or decreasing services in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform increase or decrease is unrelated to a legitimate business purpose;

(b) Issuing mandatory fees in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform issuance of the fees is unrelated to a legitimate business purpose;

(c) Issuing warnings, citations, or fines that are not lawful;

(d) Serving notices or threatening eviction when the notices or threats are not reasonably justified;

(e) Billing a home owner in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform billing is unrelated to a legitimate business purpose, for an item or service for which the home owner has not previously been billed;

(f) Creating or modifying rules and regulations of the park that are not reasonably related to a legitimate purpose;

(g) Selectively enforcing rules or requirements of the park;

(h) Conducting management visits that are selective, nonuniform, or excessive; except that this subsection (12)(h) does not include management visits that are conducted for the purpose of providing notices that are required by law or by a rental agreement;

(i) Altering or refusing to renew an existing rental agreement;

(j) Surveilling a home owner who submits an oral or written complaint about a mobile home park to the management or to any federal, state, or local government agency; except that this subsection (12)(j) does not include routine, nonexcessive community inspections or documenting, photographing, or recording of violations of law, the rental agreement, or the rules and regulations of the park; or

(k) Reporting or publicizing damaging information about a home owner who submits an oral or written complaint about a mobile home park to the management or to any federal, state, or local government agency.

(13) "Tenancy" means the right of a home owner to:

(a) Locate, maintain, and occupy a mobile home, including accessory structures for human habitation, on a space within a park;

(b) Make improvements to the space; and

(c) Use the services and facilities of the park.
C.R.S. § 38-33-110 — CO Code / Title 38 / Article 33 / Section 38-33-110
38-33-110. Time-sharing - definitions
Status: in_force

38-33-110. Time-sharing - definitions. As used in this section and section 38-33-111, unless the context otherwise requires:

(1) (a) "Interval estate" means a combination of:

(I) An estate for years terminating on a date certain, during which years title to a time share unit circulates among the interval owners in accordance with a fixed schedule, vesting in each such interval owner in turn for a period of time established by the said schedule, with the series thus established recurring annually until the arrival of the date certain; and

(II) A vested future interest in the same unit, consisting of an undivided interest in the remainder in fee simple, the magnitude of the future interest having been established by the time of the creation of the interval estate either by the project instruments or by the deed conveying the interval estate. The estate for years shall not be deemed to merge with the future interest, but neither the estate for years nor the future interest shall be conveyed or encumbered separately from the other.

(b) "Interval estate" also means an estate for years as described in subparagraph (I) of paragraph (a) of this subsection (1) where the remainder estate, as defined either by the project instruments or by the deed conveying the interval estate, is retained by the developer or his successors in interest.

(2) "Interval owner" means a person vested with legal title to an interval estate.

(3) "Interval unit" means a unit the title to which is or is to be divided into interval estates.

(4) "Project instruments" means the declaration, the bylaws, and any other set of restrictions or restrictive covenants, by whatever name denominated, which limit or restrict the use or occupancy of condominium units. "Project instruments" includes any lawful amendments to such instruments. "Project instruments" does not include any ordinance or other public regulation governing subdivisions, zoning, or other land use matters.

(5) "Time share estate" means either an interval estate or a time-span estate.

(6) "Time share owner" means a person vested with legal title to a time share estate.

(7) "Time share unit" means a unit the title to which is or is to be divided either into interval estates or time-span estates.

(8) "Time-span estate" means a combination of:

(a) An undivided interest in a present estate in fee simple in a unit, the magnitude of the interest having been established by the time of the creation of the time-span estate either by the project instruments or by the deed conveying the time-span estate; and

(b) An exclusive right to possession and occupancy of the unit during an annually recurring period of time defined and established by a recorded schedule set forth or referred to in the deed conveying the time-span estate.

(9) "Time-span owner" means a person vested with legal title to a time-span estate.

(10) "Time-span unit" means a unit the title to which is or is to be divided into time-span estates.

(11) "Unit owner" means a person vested with legal title to a unit, and, in the case of a time share unit, "unit owner" means all of the time share owners of that unit. When an estate is subject to a deed of trust or a trust deed, "unit owner" means the person entitled to beneficial enjoyment of the estate and not to any trustee or trustees holding title merely as security for an obligation.
C.R.S. § 38-33.3-301 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-301
38-33.3-301. Organization of unit owners' association
Status: in_force

38-33.3-301. Organization of unit owners' association. A unit owners' association shall be organized no later than the date the first unit in the common interest community is conveyed to a purchaser. The membership of the association at all times shall consist exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under section 38-33.3-218, or their heirs, personal representatives, successors, or assigns. The association shall be organized as a nonprofit, not-for-profit, or for-profit corporation or as a limited liability company in accordance with the laws of the state of Colorado; except that the failure of the association to incorporate or organize as a limited liability company will not adversely affect either the existence of the common interest community for purposes of this article or the rights of persons acting in reliance upon such existence, other than as specifically provided in section 38-33.3-316. Neither the choice of entity nor the organizational structure of the association shall be deemed to affect its substantive rights and obligations under this article.
C.R.S. § 38-36-198 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-198
38-36-198. Fees to be paid registrar - application of fees
Status: in_force

38-36-198. Fees to be paid registrar - application of fees. (1) The fees to be paid to the registrar of titles shall be as follows:

(a) At or before the time of filing of the certified copy of the application with said registrar, the applicant shall pay to said registrar the fee prescribed by section 38-36-186;

(b) For granting certificates of title upon each application and registering the same, twenty dollars;

(c) For registering each transfer, including the filing of all instruments connected therewith, and the issuance and registration of the instruments connected therewith, and the issuance and registration of the new certificates of title, twenty dollars;

(d) When the land transferred is held upon any trust condition or limitation, an additional fee of five dollars;

(e) For entry of each memorial on the register of titles, including the filing of all instruments and papers connected therewith, and endorsements upon duplicate certificates, ten dollars;

(f) For issuing each additional owner's duplicate certificate, mortgagee's duplicate certificate, or lessee's duplicate certificate, ten dollars;

(g) For filing copy of will with letters testamentary, or filing copy of letters of administration and entering memorial thereof, ten dollars;

(h) For the cancellation of each memorial or charge, ten dollars;

(i) For each certificate showing condition of the register of titles, twenty dollars;

(j) For any certified copy of any instrument or writing on file in his office, the same fees now allowed by law to county clerk and recorders for like service;

(k) For any other service required or necessary to carry out this article, and not itemized in this section, such fee as the court determines and establishes.

(2) One-half of all fees provided for in subsection (1) of this section shall be collected by the registrar and paid to the county treasurer of the county in which the fees are paid, to be used for the current expenses of the county. All the remaining fees provided for in subsection (1) of this section shall be collected by said registrar and applied the same as the other fees of his office; but his salary as county clerk and recorder, as provided by law, shall not be increased on account of the additional duties, or by reason of the allowance of additional fees provided for in this article; and the said registrar, as such, shall receive no salary.
C.R.S. § 38-14-111 — CO Code / Title 38 / Article 14 / Section 38-14-111
38-14-111. Title of property purchased from museum
Status: in_force

38-14-111. Title of property purchased from museum. When a museum which acquired title to loaned property pursuant to section 38-14-103 sells said property, the purchaser shall acquire good title free of all claims and defenses.
C.R.S. § 38-5-109 — CO Code / Title 38 / Article 5 / Section 38-5-109
38-5-109. Utility relocation clearance letter - definitions
Status: reserved

38-5-109. Utility relocation clearance letter - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Clearance letter" means a written agreement between a local government proposing a road improvement project and a utility company, in which the utility company and the local government mutually establish the scope, conditions, and schedule for the utility relocation required for the road improvement project.

(b) "Force majeure" means fire, explosion, floods, action of the elements, strike, labor disputes, interruption of transportation, rationing, shortage of equipment or materials, court action, illegality, unusually severe weather, act of God, act of war or terrorism, epidemics or pandemics, quarantines, seasonal limitations on utility operations, or any other cause that is beyond the reasonable control of the entity performing the utility relocation.

(c) "Hazardous material" means any substance, pollutant, contaminant, chemical, material, or waste, or any soil or water contaminated with such hazardous material, that is:

(I) Included in the definition of hazardous substance, hazardous waste, toxic substance, hazardous pollutant, toxic pollutant, nonhazardous waste, or universal waste, as regulated by any applicable environmental law; or

(II) Toxic, explosive, corrosive, flammable, ignitable, infectious, radioactive, carcinogenic, mutagenic, or that otherwise poses a hazard to living things or the environment.

(d) "Local government" means a statutory or home rule county, city and county, municipality, or town, excluding a local government that has granted a franchise to a utility company pursuant to section 31-32-101 or article XX of the state constitution.

(e) "Plans and specifications" means the plans, drawings, and specifications designed and engineered by a local government or its contractor, which are necessary to complete the road improvement project in accordance with applicable laws, rules, and regulations.

(f) "Private project relocation" means any construction or reconstruction project for the adjustment, expansion, or realignment of a public roadway or public right-of-way that:

(I) Requires the removal, relocation, or alteration of utility facilities;

(II) Is necessary to facilitate the development of private property; and

(III) Is required by reason of a local government zoning, approval, or other land use regulation permitting requirement.

(g) "Prompt performance" means acting in good faith and making all reasonable efforts to perform the specific actions and obligations set forth in a clearance letter, except as may be excused by subsequent agreement between the utility company and the local government to which the clearance letter applies.

(h) "Public roadway" means property controlled by a local government that is acquired, dedicated, or reserved for the construction, operation, and maintenance of a street or public highway and that is open to public travel or any other public highway established by law.

(i) (I) "Road improvement project" means any construction or reconstruction project for the adjustment, expansion, or realignment of a public roadway or public right-of-way, including but not limited to maintenance, replacement, bridge, culvert, or traffic signal projects.

(II) "Road improvement project" does not include a project on, along, or in a public or state highway or roadway under the control of the Colorado department of transportation unless a local government performs the construction or reconstruction as part of a project under the direction of the local government and pursuant to an agreement with the Colorado department of transportation.

(j) "Utility company" means an investor-owned electric or gas utility company with more than two hundred fifty thousand retail customers.

(k) "Utility conflict" means circumstances in which a proposed road improvement project brings utility facilities out of compliance with regulatory agency standards or existing utility facilities preclude or hinder the construction of a road improvement project.

(l) "Utility facilities" means any lines of electric light or wire, power, or pipeline of a utility company and any related support structures, attachments, appurtenances, equipment, valves, cable, or conduit for the lines, wires, or pipelines. "Utility facilities" include both those above and below ground.

(m) "Utility relocation" or "relocation of utility facilities" means the removal, relocation, or alteration of utility facilities necessary to resolve a utility conflict caused by a road improvement project funded in full or in part by a local government or with state, federal, or other public money; except that "utility relocation" does not include a private project relocation.

(2) (a) If a local government engages in or proposes to engage in a road improvement project that may require the relocation of utility facilities due to a utility conflict, the local government shall:

(I) Notify the notification association, created in section 9-1.5-105 (1), with an engineering or subsurface utility engineering notification to identify each utility company that has utility facilities in the area of the road improvement project; and

(II) Electronically notify in writing each utility company identified pursuant to subsection (2)(a)(I) of this section. The notice provided must follow the requirements of subsection (2)(b) of this section.

(b) The notice required by subsection (2)(a)(II) of this section must include the following information:

(I) An explanation of the proposed design of the road improvement project, including information on funding;

(II) Any potential utility conflict that may be created by the road improvement project;

(III) The estimated timeline and duration of the road improvement project;

(IV) The estimated time frame in which the utility relocation should be completed;

(V) The federal identifying project number, if applicable; and

(VI) Whether the utility company may qualify for assistance to offset expenses incurred in relocating its utility facilities to accommodate the proposed road improvement project.

(c) The local government shall give the notice required by subsection (2)(a)(II) of this section to the utility company as early as practicable and:

(I) Within fifteen calendar days of the approval of the preliminary design of the road improvement project; and

(II) At least forty-five calendar days before the invitation to bid for construction of the road improvement project.

(d) The utility company to which the notice required by subsection (2)(a)(II) of this section is directed shall acknowledge receipt of the notice.

(e) If there is a change in the scope of a road improvement project or the plans and specifications that affects the utility facilities and the utility company's ability to reasonably meet its obligations for the utility relocation in accordance with the schedule established for the road improvement project, a local government shall:

(I) Give each affected utility company a new written notice that includes all applicable information in subsection (2)(b) of this section; and

(II) Coordinate with the affected utility company and third-party contractor, as applicable, to amend any clearance letter as necessary to reflect mutually agreed upon changes to the original commitments in the letter, including reasonable schedule adjustments, if an executed clearance letter covering the utility relocation exists.

(f) (I) If utility facilities were not previously identified and result in a newly discovered utility conflict, the local government, the affected utility company, and the third-party contractor, as applicable, shall confer within forty-eight hours of discovery to determine appropriate relocation procedures.

(II) Within ten business days of the discovery of the utility conflict, the local government and the affected utility company shall negotiate a clearance letter pursuant to subsection (3) of this section.

(3) (a) To facilitate a utility relocation, a local government and an affected utility company shall negotiate in good faith and shall enter into a mutually agreeable clearance letter.

(b) The clearance letter must include:

(I) An acknowledgment by the local government and the utility company that a utility conflict exists;

(II) The scope of the utility relocation, including the extent of the utility facilities needing to be relocated as evidenced by the plans and specifications;

(III) Whether the utility relocation will be performed by the utility company or by a third-party contractor agreed to by the utility company;

(IV) Requirements for coordination among the local government, the utility company, and any third-party contractor throughout the road improvement project and utility relocation, including throughout any prerequisite work that needs to occur before the utility relocation;

(V) Which entity is responsible for traffic management during the utility relocation;

(VI) The number of days of notice that the local government must give to the utility company ahead of the date by which the utility relocation must be started in order to adhere to the road improvement project schedule;

(VII) An estimated schedule for the performance of the utility relocation, including the duration of the utility relocation;

(VIII) A requirement of prompt performance of the utility relocation by the utility company if the utility company is performing the utility relocation or by the third-party contractor agreed to by the utility company to perform the utility relocation, except when performance is excused due to force majeure, the discovery of hazardous material in the public roadway, or a change in the scope or agreed-to schedule of a road improvement project or the plans and specifications that affects the utility facilities;

(IX) A requirement of payment by the utility company for actual damages caused by the utility company's delay in the performance of the utility relocation or interference with the performance of the utility relocation by any contractor not hired by the utility company; except that delay or interference caused by the following will not be charged to the utility company:

(A) A force majeure;

(B) The discovery of hazardous material in the public roadway; or

(C) A change in the scope or agreed-to schedule of a road improvement project or the plans and specifications that affects the utility facilities and the utility company's ability to perform the relocation work as established in the clearance letter;

(X) A requirement that the local government, at its sole cost, survey and stake the location where the utility facilities will be located prior to the beginning of the utility relocation, and that the cost of any required re-staking due to the actions of a utility company or its contractor be paid by the utility company;

(XI) A requirement that, upon the discovery of hazardous material in a public roadway in connection with utility relocation, the utility relocation work cease until the local government takes necessary steps to provide a utility corridor free from hazardous material, and that the local government is responsible for the management, transportation, and disposal of any soil from the public right-of-way contaminated with hazardous material;

(XII) A requirement that all design and construction of the utility relocation are subject to review and approval by engineers for the local government and for the utility company; and

(XIII) A dispute resolution provision that includes mechanisms for notice of a failure to perform in accordance with the clearance letter and for a reasonable opportunity to cure.

(c) (I) The clearance letter may allow for utility company betterment at the expense of the utility company; except that any utility company betterment must not materially delay the utility relocation.

(II) As used in this subsection (3)(c), "utility company betterment" means any upgrade of the utility facilities being relocated that is not attributable to the road improvement project and that is made solely for the benefit and at the election of the affected utility company.

(4) (a) Upon being provided written documentation of the horizontal and vertical locations of the relocated utility facilities and a statement by the utility company or its contractor that the utility facilities are relocated in accordance with the approved utility relocation plans, a local government shall complete its review of the completed utility relocation and provide a written determination of whether it accepts or rejects the completed utility relocation within fourteen calendar days of completion of the relocation or receipt of the documentation indicating the location of the relocated utility facilities from the utility company, whichever is later.

(b) If the local government accepts the utility relocation, the local government shall provide its written acceptance of the utility relocation to the utility company.

(c) (I) If the local government rejects the utility relocation, the local government shall provide its written rejection and reasoning to the utility company.

(II) The utility company shall promptly make the necessary changes to the utility relocation identified in the written rejection to conform with the plans and specifications identified in the clearance letter. The utility company is responsible for payment of actual damages caused by any delay in the road improvement project schedule as a result of the necessary changes to the utility relocation to bring the relocation into compliance with the plans and specifications identified in the clearance letter.

(d) If the local government fails to timely provide the written determination required by subsection (4)(a) of this section, the utility relocation is deemed accepted.

(e) A utility company shall not be required to pay for relocation of previously relocated utility facilities within two years following the acceptance of the previous utility relocation by the local government pursuant to this subsection (4), except in the event of an emergency.

(5) A local government may, after opportunity for relief between the local government and the utility company pursuant to the dispute resolution process outlined in the clearance letter, withhold issuance of a permit for the location or installation of other utility facilities in a public roadway to a utility company until the dispute is resolved, which may include payment to the local government for any actual damages caused by the utility company's delay in the performance of a utility relocation.

(6) When necessary and feasible and after mutual agreement with an affected utility company, a local government may obtain additional public rights-of-way or easements to accommodate a utility relocation. The local government is responsible for the cost of obtaining any additional right-of-way unless the additional right-of-way is only needed to accommodate a utility company betterment and is not required for a road improvement project.

(7) A local government and an affected utility company shall make arrangements for funding any utility relocation as specified in any easements, licenses, or other property interests or rights of use held by the local government or the utility company. The recovery of underground utility locate costs, as incurred by the utility company, must occur through appropriate rate adjustment clauses.

(8) No party other than the owner of the utility facilities may relocate utility facilities without the express consent of the affected utility company.

(9) Nothing in this section:

(a) Alters or diminishes the authority of a local government to lawfully exercise its police powers with respect to the relocation of utility facilities within the local government boundaries;

(b) Alters existing property agreements, licenses, franchise agreements, or other vested interests of a local government or a utility company established in the existing property agreement, license, franchise agreement, or other vested interest, including the obligation to pay for utility relocation;

(c) Alters the terms of any franchise or license granted pursuant to section 31-32-101 or article XX of the state constitution;

(d) Alters or diminishes the local government's ability to recover costs or damages from any party responsible for hazardous material discovered in a public roadway;

(e) Alters or diminishes the utility company's ability to recover costs or damages resulting from the discovery of hazardous material, previously unidentified utility conflicts, or the acts or omissions of a third party;

(f) Alters any common law of the state allocating the cost of utility relocation within a public right-of-way; or

(g) Prevents a local government from pursuing alternative arrangements for road improvement projects, in which case subsections (2) to (8) of this section do not apply.
C.R.S. § 38-30-116.5 — CO Code / Title 38 / Article 30 / Section 38-30-116.5
38-30-116.5. Preparation of deeds - definition
Status: in_force

38-30-116.5. Preparation of deeds - definition. (1) In connection with the issuance of a policy of title insurance, but subject to the terms of this statute, a licensed title insurance entity may prepare deeds for the conveyance of real property in accordance with the forms described in section 38-30-113 (1).

(2) A deed prepared by a licensed title insurance entity containing a covenant of warranty as provided in section 38-30-113 (1)(a) or (1)(b) must:

(a) Include a limitation on the warranty of title pursuant to section 38-30-113 (4)(a); and

(b) Use the words "subject to statutory exceptions" and no other terms or descriptions, unless the preparing licensed title insurance entity is otherwise instructed in writing by both:

(I) The grantor or an authorized agent for the grantor; and

(II) The grantee or an authorized agent for the grantee.

(3) When preparing a deed pursuant to this section in which the phrase "subject to statutory exceptions" is used, a licensed title insurance entity shall not disclaim, limit, or seek indemnification against liability for any negligence by the licensed title insurance entity.

(4) As used in this section, "licensed title insurance entity" means a title insurance entity, as defined in section 10-11-102 (11).
C.R.S. § 38-33.3-220 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-220
38-33.3-220. Master associations
Status: in_force

38-33.3-220. Master associations. (1) If the declaration provides that any of the powers of a unit owners' association described in section 38-33.3-302 are to be exercised by or may be delegated to a master association, all provisions of this article applicable to unit owners' associations apply to any such master association except as modified by this section.

(2) Unless it is acting in the capacity of an association described in section 38-33.3-301, a master association may exercise the powers set forth in section 38-33.3-302 (1)(b) only to the extent such powers are expressly permitted to be exercised by a master association in the declarations of common interest communities which are part of the master association or expressly described in the delegations of power from those common interest communities to the master association.

(3) If the declaration of any common interest community provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation.

(4) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in sections 38-33.3-303, 38-33.3-308, 38-33.3-309, 38-33.3-310, and 38-33.3-312 apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this article.

(5) Even if a master association is also an association described in section 38-33.3-301, the articles of incorporation and the declaration of each common interest community, the powers of which are assigned by the declaration or delegated to the master association, must provide that the executive board of the master association be elected after the period of declarant control, if any, in one of the following ways:

(a) All unit owners of all common interest communities subject to the master association may elect all members of the master association's executive board.

(b) All members of the executive boards of all common interest communities subject to the master association may elect all members of the master association's executive board.

(c) All unit owners of each common interest community subject to the master association may elect specified members of the master association's executive board.

(d) All members of the executive board of each common interest community subject to the master association may elect specified members of the master association's executive board.
C.R.S. § 38-12-1305 — CO Code / Title 38 / Article 12 / Part 13 / Section 38-12-1305
38-12-1305. No waiver of requirements by agreement
Status: in_force

38-12-1305. No waiver of requirements by agreement. A provision of a rental agreement or other agreement that purports to authorize or effectuate a waiver or modification of any provision of this part 13 is void and unenforceable.
C.R.S. § 38-30.7-104 — CO Code / Title 38 / Article 30.7 / Section 38-30.7-104
38-30.7-104. Expiration of rights under wind energy agreements
Status: in_force

38-30.7-104. Expiration of rights under wind energy agreements. (1) Except as otherwise provided in a wind energy agreement or an amendment to the agreement, all rights of a wind energy developer to use real property for wind energy development or production under a wind energy agreement entered into on or after July 1, 2012, expire if no wind-powered energy generation has occurred under the agreement for a continuous period of fifteen years. The expiration of rights under this section does not modify any obligation to restore or reclaim the surface estate that is contained in the agreement or imposed by law.

(2) At any time after a wind energy developer has determined to commence construction of wind energy generating facilities under a recorded wind energy agreement, the wind energy developer may record in the office of the county clerk and recorder where the land subject to the agreement is located an affidavit stating the date on which such construction commenced or is expected to commence. If no such affidavit is recorded, then the wind energy agreement expires in accordance with its own terms or, if no expiration date is specified, fifteen years after the recording of the wind energy agreement. The affidavit must identify the wind energy agreement with reasonable clarity, including the names of the parties, the legal description of the property subject to the agreement, and the applicable recording information of the agreement. The county clerk and recorder shall index the affidavit in both the grantor and grantee indices under the names of all parties identified in the affidavit.
C.R.S. § 38-29-127 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-127
38-29-127. Foreign mortgages
Status: in_force

38-29-127. Foreign mortgages. No mortgage on a manufactured home, filed for record in any state other than the state of Colorado, shall be valid and enforceable against the rights of subsequent purchasers for value, creditors, or mortgagees having no actual notice of the existence thereof. If the certificate of title for such home, whether issued under the laws of this state or any other state, bears thereon any notation adequate to apprise a purchaser, creditor, or mortgagee of the existence of such mortgage at the time any third party acquires a right in the manufactured home covered thereby, such mortgage and the rights of the holder thereof shall be enforceable in this state the same and with like effect as though such mortgage were filed in the state of Colorado and noted on the certificate of title in the manner prescribed in section 38-29-128.
C.R.S. § 38-40-102 — CO Code / Title 38 / Article 40 / Section 38-40-102
38-40-102. Disclosure of costs - statement of terms of indebtedness
Status: repealed

38-40-102. Disclosure of costs - statement of terms of indebtedness. (Repealed)
C.R.S. § 38-12-220 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-220
38-12-220. Private civil right of action
Status: repealed

38-12-220. Private civil right of action. (1) A home owner, a resident, an association of home owners, or a landlord or the assignee of a home owner, a resident, an association of home owners, or a landlord may file a civil action alleging a violation of a rental agreement or of this article 12 or part 10 of article 8 of title 25.

(2) In any such action, except as described in section 38-12-105 (4):

(a) A court may award economic damages, any penalties authorized by this article 12, and such equitable and injunctive relief as is appropriate to protect the rights of the parties;

(b) A court may award reasonable attorney fees and costs to a prevailing party; except that, in an action brought by a resident, a home owner, or an association of home owners a court shall not:

(I) Award attorney fees to a landlord unless the court finds that the resident, a home owner, or an association of home owners filed a complaint that was frivolous, notwithstanding any agreement to the contrary; or

(II) Require a bond to be paid into the court as a condition of filing the suit.

(3) In an action alleging a violation of section 38-12-217:

(a) A court may issue an order suspending the one-hundred-twenty-day periods described in sections 38-12-217 (4)(a) and (6)(b), staying or canceling the closing of any pending transaction, or providing such other equitable relief as the court deems necessary to protect the rights of the home owners under section 38-12-217; and

(b) If the court finds the landlord violated section 38-12-217, in addition to all other remedies, the court shall award a statutory penalty of no less than twenty thousand dollars but no more than the dollar amount calculated to be thirty percent of the purchase or listing price of the park. The penalty authorized by this subsection (3)(b) is in addition to any fine or penalty imposed by or awarded to the division of housing under section 38-12-217 (15).

(4) If a court determines that a landlord violated section 38-12-204 (4) or (5), in addition to all other remedies, the court shall award a statutory penalty of no less than fifteen thousand dollars but no more than fifty thousand dollars to each aggrieved party for each violation that occurred.

(5) Repealed.

(6) (a) A court has the discretion to order, after a review of the filings or at any point thereafter, that a landlord cease from increasing rent on a mobile home park lot or issuing a notice of a rent increase if the landlord has been named as a defendant in any pending lawsuit or administrative complaint that alleges:

(I) A violation of the "Mobile Home Park Act", part 2 of this article 12, or a violation related to a mobile home park located in Colorado;

(II) A violation of the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, or the fair housing provisions in part 5 of article 34 of title 24; or

(III) A violation related to unlawful price fixing, illegal practices concerning rent, fees, consumer protection laws, anti-trust protections, or financial impropriety related to a mobile home park.

(b) A court shall order that a landlord refund a homeowner or a resident any rent that the court determines was unlawfully collected or retained in addition to any other remedies or damages authorized under law.
C.R.S. § 38-1-108 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-108
38-1-108. Order of possession
Status: in_force

38-1-108. Order of possession. The court, upon such verdict, shall proceed to adjudge and make such order as to right and justice shall pertain, ordering that the petitioner enter upon such property and the use of the same, upon payment of full compensation as ascertained. Such order with evidence of such payment shall constitute complete justification of the taking of such property.
C.R.S. § 38-38-103.1 — CO Code / Title 38 / Article 38 / Part 1 / Section 38-38-103.1
38-38-103.1. Single point of contact - servicer to designate - duties - exemption
Status: in_force

38-38-103.1. Single point of contact - servicer to designate - duties - exemption. (1) No later than the forty-fifth day of a borrower's delinquency, a servicer shall promptly establish a single point of contact for communications with the borrower. The servicer shall do so within the time periods prescribed in, and subject to the other requirements imposed by, federal law and CFPB rules and orders. Once the single point of contact is established, the servicer shall promptly provide to the borrower, in writing, one or more direct means of communication with the single point of contact.

(2) A single point of contact shall:

(a) Provide the borrower with accurate information about:

(I) Loss mitigation options available to the borrower from the owner or assignee of the borrower's mortgage loan;

(II) Actions the borrower must take to be evaluated for loss mitigation options, including actions the borrower must take to submit a complete loss mitigation application and, if applicable, actions the borrower must take to appeal the servicer's determination to deny a borrower's loss mitigation application for any trial or permanent loan modification program offered by the servicer;

(III) The status of any loss mitigation application that the borrower has submitted to the servicer;

(IV) The circumstances under which the servicer may make a referral to foreclosure; and

(V) Applicable loss mitigation deadlines established by an owner or assignee of the borrower's mortgage loan or by section 38-38-103.2;

(b) Retrieve, in a timely manner:

(I) A complete record of the borrower's payment history; and

(II) All written information the borrower has provided to the servicer and, if available, to prior servicers in connection with a loss mitigation application;

(c) Provide the documents and information identified in paragraph (b) of this subsection (2) to other persons required to evaluate a borrower for loss mitigation options made available by the servicer, if applicable; and

(d) Provide a delinquent borrower with information about the procedures for submitting a notice of error or an information request.

(3) A servicer is exempt from this section if the servicer services five thousand or fewer mortgage loans for all of which the servicer, or an affiliate of the servicer, is the creditor or assignee. In determining whether a servicer services five thousand or fewer mortgages, the servicer is evaluated based on the number of mortgage loans serviced by the servicer and any affiliates as of January 1 for the remainder of the calendar year. A servicer that crosses the threshold has six months after crossing the threshold or until the next January 1, whichever is later, to comply with this section.

(4) A servicer who complies with 12 CFR 1024.40, as promulgated by the CFPB, or is exempt from compliance with that regulation under federal law or CFPB rules, regulations, or orders, is deemed in compliance with this section.
C.R.S. § 38-30-127 — CO Code / Title 38 / Article 30 / Section 38-30-127
38-30-127. Acknowledgments taken pursuant to other laws
Status: in_force

38-30-127. Acknowledgments taken pursuant to other laws. (1) In addition to the acknowledgment of instruments as provided by articles 30 to 44 of this title, instruments may be acknowledged by:

(a) Members of the armed forces of the United States and certain other persons, as provided by section 24-12-104, C.R.S.;

(b) Any person within or outside of this state, pursuant to part 5 of article 21 of title 24.

(2) Any person otherwise authorized by law to take acknowledgments in this state may take and certify acknowledgments either in accordance with articles 30 to 44 of this title or in the same manner and on the same evidence as provided in part 5 of article 21 of title 24. Any certificate of acknowledgment that is taken pursuant to such part 2 shall be valid and have the benefits set forth in subsection (3) of this section, whether such certificate is given before or after January 1, 1999.

(3) A certificate of acknowledgment taken pursuant to part 5 of article 21 of title 24, or taken pursuant to such part 2 and subsection (2) of this section shall:

(a) Constitute prima facie evidence of proper execution of the instrument acknowledged;

(b) Carry with it the presumptions provided by section 38-35-101; and

(c) Be accorded the same force and effect as any acknowledgment taken and certified in accordance with articles 30 to 44 of this title.
C.R.S. § 38-30-117 — CO Code / Title 38 / Article 30 / Section 38-30-117
38-30-117. Mortgages - short form - acknowledgment - effect
Status: in_force

38-30-117. Mortgages - short form - acknowledgment - effect. (1) A mortgage of real property may be substantially in the following form:

.................., whose address is ........................, County of ........................ and State of ........................, hereby mortgage(s) to .................., whose address is ........................, County of ........................ and State of ........................, to secure the payment of .................. dollars due as follows: .................. the following described real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances, and warrant(s) the title to the same, subject to .......................... .

Signed this .................. day of .................., 20.... .

...................................

(2) Such mortgage may be acknowledged in accordance with section 38-35-101. Failure to state the address or the county or state of residence of the grantor or grantee shall not affect the validity of such mortgage.

(3) Every mortgage in substance in the above form, when properly executed, is a mortgage to secure the payment of the money specified in the mortgage, with covenants as expressed in section 38-30-113 (4)(a), but if the words "and warrant(s) the title to the same" are omitted, no such covenants are implied.
C.R.S. § 38-38-107 — CO Code / Title 38 / Article 38 / Part 1 / Section 38-38-107
38-38-107. Fees and costs - definitions
Status: in_force

38-38-107. Fees and costs - definitions. (1) All fees and costs of every kind and nature incurred under the provisions of articles 37 to 39 of this title shall be fees and costs of the sale chargeable as additional amounts owing under the deed of trust or other lien being foreclosed. The amounts shall be deducted from the proceeds of any sale, or, if there are not cash proceeds from a sale adequate to pay such amounts, to the extent of the inadequacy, the amounts shall be paid by the holder of the evidence of debt. The officer may decline to issue the confirmation deed pursuant to section 38-38-501 until all sums due to the officer have been paid.

(2) (Deleted by amendment, L. 2006, p. 1455, § 13; L. 2007, p. 1849, § 27, effective January 1, 2008.)

(3) Fees and costs include but are not limited to the following amounts that have been paid or incurred:

(a) Costs and expenses allowable under the evidence of debt, deed of trust, or other lien being foreclosed; and

(b) Reasonable attorney fees and the costs incurred by the holder or the attorney for the holder in enforcing the evidence of debt, the deed of trust, or other lien being foreclosed or in defending, protecting, and insuring the holder's interest in the foreclosed property or any improvements on the property, including but not limited to:

(I) All expenses actually incurred by the officer conducting the sale, publication costs, statutory notice costs and postage, and appraisal fees;

(II) Any general or special taxes or ditch or water assessments levied or accruing against the property and any governmental or quasi-governmental lien, fine, penalty, or assessment against the property;

(III) The premiums on any property, casualty, general liability, or title insurance acquired to protect the holder's interest in the property or improvements on the property;

(IV) Sums due on any prior lien or encumbrance on the property, including the portion of an assessment by a homeowners' association that constitutes a lien prior to the lien being foreclosed; except that any principal that would not have been due in the absence of acceleration shall not be included in the sum due unless paid after the expiration of the time to cure the indebtedness pursuant to this article;

(V) If the property is subject to a lease, all sums due under the lease;

(VI) The reasonable costs and expenses of defending, protecting, securing, and maintaining and repairing the property and the holder's interest in the property or the improvements on the property, receiver's fees and expenses, inspection fees, court costs, attorney fees, and fees and costs of the attorney in the employment of the owner of the evidence of debt;

(VII) Costs and expenses made pursuant to a valid order from a court of competent jurisdiction to bring the property and the improvements on the property into compliance with the federal, state, county, and local laws, ordinances, and regulations affecting the property, the improvements on the property, or the use of the property; and

(VIII) Other costs and expenses that may be permitted by the deed of trust, mortgage, or other lien securing the debt or that may be authorized by a court of competent jurisdiction.

(c) As used in this subsection (3), "holder" means the holder of the certificate of purchase, the holder of the certificate of redemption, or the holder of the evidence of debt.

(4) In the case of a redemption, the fees and costs listed in subsection (3) of this section that the holder of the certificate of purchase or certificate of redemption has paid or incurred as of the time of filing of the statement for redemption are allowable and shall be included in the statement of redemption if such amounts have not been included in a prior bid or statement of redemption.

(5) Notwithstanding the provisions of subsections (1), (3), and (4) of this section, a holder of an evidence of debt, certificate of purchase, or certificate of redemption shall not accept from a provider of services or products related to property inspection, broker's price opinion, title report, appraisal, insurance, repair, or maintenance or from an agent or affiliate of the provider any payment, benefit, or remuneration of any kind, whether in the form of cash, employee, advertising, computer program or service, bank deposit, or other good or service in connection with a foreclosure in which a property inspection, broker's price opinion, title report, appraisal, insurance, repair, or maintenance service or product of the provider or an agent or affiliate of the provider was used, unless the total value of all payment, benefit, or remuneration received by the holder from the provider of the service or product is shown and credited against amounts owed to the holder in each bid, cure statement, or redemption statement.
C.R.S. § 38-33.3-309 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-309
38-33.3-309. Quorums
Status: in_force

38-33.3-309. Quorums. (1) Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast twenty percent, or, in the case of an association with over one thousand unit owners, ten percent, of the votes which may be cast for election of the executive board are present, in person or by proxy at the beginning of the meeting.

(2) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent of the votes on that board are present at the beginning of the meeting or grant their proxy, as provided in section 7-128-205 (4), C.R.S.
C.R.S. § 38-1-120 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-120
38-1-120. Acquisition of state lands - department of natural resources
Status: in_force

38-1-120. Acquisition of state lands - department of natural resources. All proceedings brought by the department of natural resources pursuant to the provisions of section 24-33-107 (3)(a), C.R.S., for the acquisition of interests in state lands under the jurisdiction of the state board of land commissioners shall be as prescribed by this article.
C.R.S. § 38-33.3-104 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-104
38-33.3-104. Variation by agreement
Status: in_force

38-33.3-104. Variation by agreement. Except as expressly provided in this article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration.
C.R.S. § 38-6-108 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-108
38-6-108. Commissioners' report
Status: in_force

38-6-108. Commissioners' report. The commissioners shall make, subscribe, and file with the clerk of the court in which such proceedings are had a report of their awards and assessments, in which all property assessed shall be described with convenient certainty and accuracy. In said report, the awards and damages allowed to each owner and the benefits assessed against each parcel of land shall be separately stated.
C.R.S. § 38-10-102 — CO Code / Title 38 / Article 10 / Section 38-10-102
38-10-102. Purchaser with notice - prior grantee privy
Status: in_force

38-10-102. Purchaser with notice - prior grantee privy. No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser, who has actual or legal notice thereof at the time of his purchase, unless it appears that the grantee in such conveyance or person to be benefited by such charge was privy to the fraud intended.
C.R.S. § 38-21.5-105 — CO Code / Title 38 / Article 21.5 / Section 38-21.5-105
38-21.5-105. Additional liens
Status: in_force

38-21.5-105. Additional liens. Nothing in this article shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, or by any statute of this state.
C.R.S. § 38-30-116 — CO Code / Title 38 / Article 30 / Section 38-30-116
38-30-116. Deeds - quitclaim
Status: repealed

38-30-116. Deeds - quitclaim. (Repealed)
C.R.S. § 38-5-102 — CO Code / Title 38 / Article 5 / Section 38-5-102
38-5-102. Right-of-way across state land
Status: in_force

38-5-102. Right-of-way across state land. Any domestic or foreign electric light power, gas, or pipeline company authorized to do business under the laws of this state, or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of electric light wire or power or pipeline and obtain permanent right-of-way therefor over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of such compensation and upon compliance with such reasonable conditions as may be required by the state board of land commissioners.
C.R.S. § 38-13-1407 — CO Code / Title 38 / Article 13 / Part 14 / Section 38-13-1407
38-13-1407. Security breach
Status: in_force

38-13-1407. Security breach. (1) Except to the extent prohibited by law other than this article 13, the administrator or administrator's agent shall notify a holder as soon as practicable of:

(a) Suspected loss, misuse, or unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the administrator or an administrator's agent; and

(b) Any interference with operations in any system hosting or housing confidential information that:

(I) Compromises the security, confidentiality, or integrity of the information; or

(II) Creates a substantial risk of identity fraud or theft.

(2) Except as necessary to inform an insurer, attorney, investigator, or others as required by law, the administrator and an administrator's agent shall not disclose, without the express consent in a record of the holder, an event described in subsection (1) of this section to a person whose confidential information was supplied by the holder.

(3) If an event described in subsection (1) of this section occurs, the administrator and the administrator's agent shall:

(a) Take action necessary for the holder to understand and minimize the effects of the event and determine its scope; and

(b) Cooperate with the holder with respect to:

(I) Any notification required by law concerning a data or other security breach; and

(II) A regulatory inquiry, litigation, or similar action.
C.R.S. § 38-12-1307 — CO Code / Title 38 / Article 12 / Part 13 / Section 38-12-1307
38-12-1307. Retaliatory rent increase prohibited
Status: in_force

38-12-1307. Retaliatory rent increase prohibited. A landlord shall not increase a tenant's rent in a discriminatory, retaliatory, or unconscionable manner to circumvent the requirements and prohibitions set forth in this part 13.
C.R.S. § 38-39-102 — CO Code / Title 38 / Article 39 / Part 1 / Section 38-39-102
38-39-102. When deed of trust shall be released - definitions
Status: in_force

38-39-102. When deed of trust shall be released - definitions. (1) (a) Except as otherwise provided in subsection (3)(a) of this section, upon compliance with the provisions of the deed of trust, a public trustee shall release a deed of trust upon the:

(I) Receipt of a written request from the holder of the evidence of debt secured by the deed of trust, the holder's agent or attorney, or a title insurance company providing an indemnification agreement and affidavit described in paragraph (c) of subsection (3) of this section, which request shall be duly executed and acknowledged;

(II) Production of the original canceled evidence of debt such as a note or bond as evidence that the indebtedness secured by such deed of trust has been paid; except that such production may be omitted in the circumstances contemplated in subsection (3) of this section;

(III) Receipt by the public trustee of the fee prescribed by section 38-37-104 (1)(a) and the fee for recording the release;

(IV) Receipt by the public trustee of a current address for the original grantor, assuming party, or current owner or either a notation on the request for release of the deed of trust or a written statement from the holder of the evidence of debt secured by the deed of trust, the title insurance company licensed in Colorado, or the holder of the original evidence of debt that the holder has no record of a current address that is different from the address of the property encumbered by the deed of trust being released; except that the public trustee may release a deed of trust upon compliance with the provisions of the deed of trust if the public trustee has not received the information required pursuant to this subsection (1)(a)(IV); and

(V) Production of a legible copy of the original recorded deed of trust securing the evidence of debt.

(b) Immediately upon execution of the release of the deed of trust by the public trustee, the public trustee shall cause the release to be recorded in the records of the county clerk and recorder.

(2) If the purpose of the deed of trust has been fully or partially satisfied and the indebtedness secured by the deed of trust has not been paid, the public trustee shall release the deed of trust as to all or portions of the property encumbered by the deed of trust pursuant to the provisions of subsection (1) of this section if the request to release certifies that the purpose of the deed of trust has been fully or partially satisfied and the evidence of debt is exhibited by the holder of the evidence of debt.

(3) (a) (I) Subject to the provisions of subparagraph (II) of this paragraph (a), with respect to either subsection (1) or (2) of this section, a holder of the original evidence of debt that is a qualified holder, as defined in section 38-38-100.3 (20), may request the release of a deed of trust without producing or exhibiting the original evidence of debt. A holder that requests the release of a deed of trust pursuant to this paragraph (a) shall be deemed to have agreed to indemnify and defend the public trustee against any claim made within the period described in subsection (7) of this section for damages resulting from the action of the public trustee taken in accordance with the request. The indemnity granted by this paragraph (a) is limited to actual economic loss suffered and any court costs and reasonable attorney fees and costs incurred in defending a claim brought as a direct and proximate result of the failure to produce the original evidence of debt, but the indemnity does not include and no claimant is entitled to any special, incidental, consequential, reliance, expectation, or punitive damages. No separate indemnification agreement shall be necessary for the agreement to indemnify to be effective.

(II) A holder of the original evidence of debt that is a qualified holder, as defined in section 38-38-100.3 (20), shall provide the public trustee with a current address for the original grantor, assuming party, or current owner when requesting a release of a deed of trust pursuant to this paragraph (a).

(b) (I) Subject to the provisions of subparagraph (II) of this paragraph (b), with respect to either subsection (1) or (2) of this section, the holder of the evidence of debt may request the release of a deed of trust without producing or exhibiting the original evidence of debt. A holder that requests the release of a deed of trust pursuant to this paragraph (b) shall deliver to the public trustee a corporate surety bond in an amount equal to one and one-half times the original principal amount recited in the deed of trust, which corporate surety bond shall remain in full force and effect for the period described in subsection (7) of this section.

(II) A holder of the evidence of debt shall provide the public trustee with a current address for the original grantor, assuming party, or current owner when requesting a release of a deed of trust pursuant to this paragraph (b).

(c) (I) Subject to the provisions of subsection (3)(c)(II) of this section, with respect to either subsection (1) or (2) of this section, a title insurance company licensed in Colorado may request the release of a deed of trust without producing or exhibiting the original evidence of debt. A company that requests the release of a deed of trust pursuant to this subsection (3)(c) is deemed to have agreed to indemnify and defend the public trustee against any claim made within the period described in subsection (7) of this section for damages resulting from the action taken by the public trustee in accordance with the request. The indemnity granted by this subsection (3)(c) is limited to actual economic loss suffered and any court costs and reasonable attorney fees and costs incurred in defending a claim brought as a direct and proximate result of the failure to produce the original evidence of debt, but the indemnity does not include and no claimant is entitled to any special, incidental, consequential, reliance, expectation, or punitive damages. No separate indemnification agreement is necessary for the agreement to indemnify to be effective; however, the company shall provide to the public trustee an affidavit executed by an officer of the company stating that the company has caused the indebtedness secured by the deed of trust to be satisfied in full or, in the case of a partial release, to the extent required by the holder of the indebtedness.

(II) A title insurance company licensed in Colorado shall provide the public trustee with a current address for the original grantor, assuming party, or current owner when requesting a release of a deed of trust pursuant to this subsection (3)(c).

(d) (I) Subject to the requirement described in subsection (3)(d)(II) of this section, with respect to subsection (1) or (2) of this section, a holder of the original evidence of debt may request the release of a deed of trust without producing or exhibiting the original evidence of debt. A holder that requests the release of a deed of trust pursuant to this subsection (3)(d) is deemed to have agreed to indemnify and defend the public trustee against any claim made within the period described in subsection (7) of this section for damages resulting from the action of the public trustee taken in accordance with the request. The indemnity granted by this subsection (3)(d) is limited to actual economic loss suffered and any court costs and reasonable attorney fees and costs incurred in defending a claim brought as a direct and proximate result of the failure to produce the original evidence of debt, but the indemnity does not include, and no claimant is entitled to, any special, incidental, consequential, reliance, expectation, or punitive damages. No separate indemnification agreement is necessary for the agreement to indemnify to be effective.

(II) A holder of the evidence of debt shall provide the public trustee a current address for the original grantor, assuming party, or current owner when requesting a release of a deed of trust pursuant to this subsection (3)(d).

(III) A holder of the evidence of debt that elects to request a release of a deed of trust pursuant to this subsection (3)(d) must electronically file the request for release of deed of trust via the county's electronic recording system.

(3.5) Venue for any action based upon the indemnification agreement specified in paragraph (a) of subsection (3) of this section shall be proper only in the county in which the public trustee receiving the certification is located.

(4) A public trustee shall have no duty to retain the original canceled evidence of debt or deed of trust upon a release granted pursuant to this section.

(5) The lien represented by a deed of trust to the public trustee that secures an obligation other than an evidence of debt shall be released by the public trustee pursuant to the provisions of subsection (1) of this section as to all or portions of the property encumbered by the deed of trust upon the:

(a) Receipt of a written request of the beneficiary or assignee of such deed of trust, which request shall be duly executed and acknowledged;

(b) Presentation to the public trustee of an affidavit of such beneficiary or assignee stating that the purpose of the deed of trust has been fully or partially satisfied; and

(c) Receipt by the public trustee of the fee prescribed by section 38-37-104 (1)(a) and the fee for recording the release.

(6) The public trustee shall have no liability to any person, and no action may be commenced against the public trustee, as a result of issuing a release or partial release of a deed of trust under subsection (3) of this section, unless such action is commenced within six years from the date of the recording of such release or partial release or within the period of time prescribed by any statute of limitation of this state in which a suit to enforce payment of the indebtedness or performance of the obligation secured by said deed of trust may be commenced, whichever is less. Nothing in this article shall be construed to waive immunity of a public trustee that is provided in sections 24-10-101 to 24-10-120, C.R.S.

(7) The indemnification agreements or the corporate surety bond described in this section shall, in each case, remain effective for the time period described in subsection (6) of this section or until such time as any claim made against the public trustee within such time period has been finally resolved, whichever is longer.

(8) If the written request to release the lien of any deed of trust is a fraudulent request, the release by the public trustee based upon such request shall be void.

(8.5) If a deed of trust is improperly recorded in the office of the clerk and recorder of a county other than the county in which the real property is located, the deed of trust must be recorded in the correct county before the public trustee may release the deed of trust. The public trustee of a county other than the county wherein the real property is located shall not release the deed of trust.

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

(a) "Assuming party" means a person other than the original grantor who paid off the indebtedness on behalf of the original grantor.

(b) "Current address" means the most recent address reflected in the records of a holder of the evidence of debt, a title insurance company licensed in Colorado, or a holder of the original evidence of debt that is a qualified holder, as defined in section 38-38-100.3 (20). If a holder of the evidence of debt, a title insurance company licensed in Colorado, or a holder of the original evidence of debt that is a qualified holder, as defined in section 38-38-100.3 (20), has no record of a current address, any requirement that a current address be provided shall be deemed satisfied by indicating that fact.

(c) "Current owner" means a person other than the original grantor who currently owns the property and has either paid off or taken over the indebtedness on behalf of the original grantor.
C.R.S. § 38-52-106 — CO Code / Title 38 / Article 52 / Section 38-52-106
38-52-106. Colorado coordinate system - use of term
Status: in_force

38-52-106. Colorado coordinate system - use of term. The use of the term "Colorado coordinate system of 1927 north zone, central zone, or south zone" or "Colorado coordinate system of 1983 north zone, central zone, or south zone" on any map, report of survey, or other document shall be limited to coordinates based on the Colorado coordinate systems as defined in this article. Such map, report, or document shall include a statement describing the standard of accuracy, as defined by the national ocean survey/national geodetic survey, maintained in developing the coordinates shown therein.
C.R.S. § 38-7-101 — CO Code / Title 38 / Article 7 / Section 38-7-101
38-7-101. Motion for vesting - contents
Status: in_force

38-7-101. Motion for vesting - contents. (1) In any proceeding initiated by an urban renewal authority, as defined in section 31-25-103, C.R.S., under the provisions of article 1 of this title, the petitioner or any respondent, at any time after the petition has been filed and before judgment is entered in the proceeding, may file a written verified motion requesting that, immediately or at some specified later date, the petitioner be vested with fee simple title, or some lesser estate, interest, or easement, as may be required, to the real property, or a specified portion thereof, which is the subject of the proceeding, and be authorized to take possession of and use such property. Any motion filed by any respondent shall affect, and be limited in application to, the property in which the said respondent has an interest. All the owners of property must join in any motion filed by any respondent under this section, unless one or more of the owners of record cannot by due diligence be found, in which instance this fact shall be stated in the motion.

(2) The motion described in subsection (1) of this section, referred to in this article as the "motion for vesting", shall set forth:

(a) An accurate description of the property to which the motion relates and the estate or interest sought to be acquired or divested; but, in any motion for vesting filed by any respondent, the interest sought to be divested shall be the interest described in the petition in eminent domain; and

(b) The names of the owners of record of the property described in the motion for vesting; and

(c) The date upon which it is requested that the estate or interest sought to be acquired or divested shall vest in the petitioner and the date upon which it is requested that the petitioner shall be entitled to possession and use of the subject property.
C.R.S. § 38-4-103 — CO Code / Title 38 / Article 4 / Section 38-4-103
38-4-103. Electric power companies
Status: in_force

38-4-103. Electric power companies. (1) Any foreign or domestic corporation organized or chartered for the purpose, among other things, of conducting and maintaining electric power lines for providing power or light by means of electricity for hire has a right-of-way for the construction, operation, and maintenance of electric power lines through any patented or unpatented mine or mining claim or other land without the consent of the owner of the patented or unpatented mine or mining claim or other land, if the right-of-way is necessary for the purposes proposed.

(2) An electric utility, as defined in section 40-15-601 (6), exercising its rights under subsection (1) of this section may, in accordance with part 6 of article 15 of title 40:

(a) Install or allow the installation of any attached facility, as that term is defined in section 40-15-601 (1); and

(b) Exercise any rights available to the electric utility under part 6 of article 15 of title 40 in connection with the installation.
C.R.S. § 38-1-117 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-117
38-1-117. Condemnation of personal property
Status: in_force

38-1-117. Condemnation of personal property. Whenever a petitioner is specifically authorized by law to acquire personal property or interests therein by condemnation, the proceedings to acquire the same shall be governed by this article, and the petitioner shall acquire such interest therein as may be sought and specifically described in the petition in condemnation.
C.R.S. § 38-5.5-102 — CO Code / Title 38 / Article 5.5 / Section 38-5.5-102
38-5.5-102. Definitions
Status: in_force

38-5.5-102. Definitions. As used in this article 5.5, unless the context otherwise requires:

(1) "Broadband" or "broadband service" has the same meaning as set forth in 7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and includes "cable service", as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014.

(2) "Broadband facility" means any infrastructure used to deliver broadband service or for the provision of broadband service.

(3) "Broadband provider" means a person that provides broadband service, and includes a "cable operator", as defined in 47 U.S.C. sec. 522 (5) as of August 6, 2014.

(4) "Collocation" has the same meaning as set forth in section 29-27-402 (3).

(5) "Political subdivision" or "local government entity" means a county; city and county; city; town; service authority; school district; local improvement district; law enforcement authority; water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district; or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

(6) "Public highway" or "highway" for purposes of this article 5.5 includes all roads, streets, and alleys and all other dedicated rights-of-way and utility easements of the state or any of its political subdivisions, whether located within the boundaries of a political subdivision or otherwise.

(7) "Small cell facility" has the same meaning as set forth in section 29-27-402 (4).

(8) "Small cell network" has the same meaning as set forth in section 29-27-402 (5).

(9) "Telecommunications provider" means a person that provides telecommunications service, as defined in section 40-15-102 (29), with the exception of cable services as defined by section 602 (5) of the federal "Cable Communications Policy Act of 1984", 47 U.S.C. sec. 522 (6), pursuant to authority granted by the public utilities commission of this state or by the federal communications commission. "Telecommunications provider" does not mean a person or business using antennas, support towers, equipment, and buildings used to transmit high power over-the-air broadcast of AM and FM radio, VHF and UHF television, and advanced television services, including high definition television. The term "telecommunications provider" is synonymous with "telecommunication provider".
C.R.S. § 38-38-103 — CO Code / Title 38 / Article 38 / Part 1 / Section 38-38-103
38-38-103. Combined notice - publication - providing information
Status: repealed

38-38-103. Combined notice - publication - providing information. (1) (a) No more than twenty calendar days after the recording of the notice of election and demand, the public trustee shall mail a combined notice as described in subsection (4) of this section to the persons set forth in the mailing list.

(b) No more than sixty calendar days nor less than forty-five calendar days prior to the first scheduled date of sale, the public trustee shall mail a combined notice as described in subsection (4) of this section to the persons as set forth in the most recent amended mailing list. If there is no amended mailing list, the public trustee shall mail a combined notice as described in subsection (4) of this section to the persons as set forth in the mailing list.

(c) If a recorded instrument does not specify the address of the party purporting to have an interest in the property under such recorded instrument, the party shall not be entitled to notice and any interest in the property under such instrument shall be extinguished upon the execution and delivery of a deed pursuant to section 38-38-501.

(2) (a) The holder of the evidence of debt or the attorney for the holder shall deliver an amended mailing list to the officer as needed. If an amended mailing list is received after the officer has sent the mailing described in paragraph (b) of subsection (1) of this section, the officer shall continue the sale to no less than sixty-five calendar days after receipt of the amended mailing list. The officer shall send the notice pursuant to subsection (4) of this section to the persons on the amended mailing list no less than forty-five calendar days prior to the actual date of sale.

(b) (Deleted by amendment, L. 2007, p. 1832, § 7, effective January 1, 2008.)

(3) The sheriff shall mail a combined notice as described in subsection (4) of this section to the persons named at the addresses indicated in the mailing list no less than sixteen nor more than thirty calendar days after the holder of the evidence of debt or the attorney for the holder delivers to the sheriff the mailing list and the original or a copy of a decree of foreclosure or a writ of execution directing the sheriff to sell property.

(4) (a) The combined notices required to be mailed pursuant to subsections (1), (2), and (3) of this section must contain the following:

(I) The information required by section 38-38-101 (4);

(II) The statement: A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;

(II.5) The statement, which must be in bold: If the sale date is continued to a later date, the deadline to file a notice of intent to cure by those parties entitled to cure may also be extended;

(III) The statement: A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;

(IV) The date to which the sale has been continued pursuant to paragraph (a) of subsection (2) of this section;

(V) The date of sale determined pursuant to section 38-38-108;

(VI) The place of sale determined pursuant to section 38-38-110;

(VII) If the sale is conducted by means of the internet or another electronic medium pursuant to section 38-38-110 (1):

(A) The electronic address;

(B) The location of computer workstations that are available to the public and information about how to obtain instructions on accessing the sale and submitting bids; and

(C) A statement that the bidding rules for the sale will be posted on the internet or other electronic medium used to conduct the sale at least two weeks before the date of sale;

(VIII) The statement as required by section 24-70-109, C.R.S.: The lien being foreclosed may not be a first lien; and

(IX) A statement that, if the borrower believes that a lender or servicer has violated the requirements for a single point of contact in section 38-38-103.1 or the prohibition on dual tracking in section 38-38-103.2, the borrower may file a complaint with the Colorado attorney general, the CFPB, or both, but the filing of a complaint will not stop the foreclosure process. The notice must include contact information for both the Colorado attorney general's office and the CFPB. If the officer maintains a website, the officer shall also post this information on the website for viewing by all borrowers.

(b) A legible copy of this section and sections 38-37-108, 38-38-104, 38-38-301, 38-38-302, 38-38-304, 38-38-305, and 38-38-306 shall be sent with all notices pursuant to this section.

(5) (a) No more than sixty calendar days nor less than forty-five calendar days prior to the first scheduled date of sale, unless a longer period of publication is specified in the deed of trust or other lien being foreclosed, a deed of trust or other lien being foreclosed is deemed to require the officer to commence publication of the combined notice, omitting both the statements under subsections (4)(a)(II), (4)(a)(III), and (4)(a)(IX) of this section and the copies of the statutes under subsection (4)(b) of this section and adding the first and last publication dates if not already specified in the combined notice, for four weeks, which means publication once each week for five consecutive weeks.

(b) The officer shall review the publication of the combined notice for accuracy.

(c) The fees and costs to be allowed for publication of the combined notice shall be as provided by law for the publication of legal notices or advertising.

(d) Repealed.
C.R.S. § 38-35-102 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-102
38-35-102. When unacknowledged instruments prima facie evidence
Status: in_force

38-35-102. When unacknowledged instruments prima facie evidence. (1) When an instrument, which by its terms constitutes a promise or obligation for the payment of money and also by its terms gives or creates or purports to give or to create a lien upon real estate as security for the payment of such money, at the time that such instrument has been filed for record in the office of the county clerk and recorder of the county in which said real estate is situate, irrespective of whether such recording is the original recording of such instrument or a recording of such instrument subsequent to its original recording, bears upon its face or upon its back an assignment, transfer, or endorsement thereof, such instrument and such assignment, transfer, or endorsement thereof or the recorded copy of such instrument and of such assignment, transfer, or endorsement thereof or a certified copy of the recorded copy of said instrument and of such assignment, transfer, or endorsement thereof certified by the county clerk and recorder shall be admissible in evidence as and shall constitute prima facie evidence of such transfer, assignment, or endorsement of such instrument from the person whose purported signature is affixed to such assignment, transfer, or endorsement to the person named in such assignment, transfer, or endorsement as the assignee, transferee, or endorsee of such instrument, irrespective of whether or not such assignment, transfer, or endorsement has been acknowledged in the manner provided by law for the acknowledgment of instruments relating to or affecting title to real property or acknowledged at all.

(2) The provisions of this section shall relate and apply to all of such instruments which have been executed prior to May 4, 1937, as well as to all such instruments executed after said date, irrespective of whether said assignments, transfers, or endorsements were executed before or after May 4, 1937, and irrespective of whether such instruments and such assignments, transfers, and endorsements thereof were recorded before or after said date.