C.R.S. § 38-36-104 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-104
38-36-104. Contents of application
Status: in_force

38-36-104. Contents of application. (1) The application shall be in writing and shall be signed and verified by the oath of the applicant or the person acting in his behalf. It shall set forth substantially:

(a) The name and place of residence of the applicant, and if the application is by one acting in behalf of another, the name and place of residence and capacity of the person so acting;

(b) Whether the applicant (except in the case of a corporation) is married or not, and if married, the name and residence of the husband or wife, and the age of the applicant;

(c) The description of the land and the valuation for assessment thereof, exclusive of improvements, according to the last official assessment, the same to be taken as a basis for the payments required under sections 38-36-186 and 38-36-198 (1)(a);

(d) The applicant's estate or interest in the same, and whether the same is subject to homestead exemption;

(e) The names of all persons or parties who appear of record to have any title, claim, estate, lien, or interest in the lands described in the application for registration;

(f) Whether the land is occupied or unoccupied, and if occupied by any other person than the applicant, the name and post-office address of each occupant and what estate or interest he has or claims in the land;

(g) Whether the land is subject to any lien or encumbrance, and, if any, the nature and amount of the same, and if recorded, the book and page of record, and the name and post-office address of each holder thereof;

(h) Whether any other person has any estate or claims any interest in the land, in law or equity, in possession, remainder, reversion, or expectancy, and, if any, the name and post-office address of every such person and the nature of his estate or claim;

(i) In case it is desired to settle or establish boundary lines, the names and post-office addresses of all the owners of the adjoining lands that may be affected thereby, so far as the applicant is able upon diligent inquiry to ascertain the same;

(j) If the application is on behalf of a minor, the age of such minor shall be stated;

(k) When the place of residence of any person whose residence is required to be given is unknown, it may be so stated if the applicant also states that upon diligent inquiry he has been unable to ascertain the same.
C.R.S. § 38-30-158 — CO Code / Title 38 / Article 30 / Section 38-30-158
38-30-158. Record notice required for same use prohibition or restriction repeated in subse
Status: in_force

38-30-158. Record notice required for same use prohibition or restriction repeated in subsequent instruments taking effect prior to January 1, 1966 - exception - affidavit as to ownership and possession. (1) If any inter vivos instrument taking effect prior to January 1, 1966, or if the will of any testator dying prior to such date, or if any appointment made prior to such date, including an appointment by inter vivos instrument or will, purports to convey or devise any interest in real property on a special limitation or subject to a condition subsequent which prohibits or restricts a use of such interest in real property which has been purportedly or in fact previously prohibited or restricted by an earlier conveyance or devise or appointment on a special limitation or subject to a condition subsequent, it shall be conclusively deemed and held that no new special limitation or possibility of reverter or condition subsequent or right of entry was thereby created with respect to such use, unless a notice of claim to the contrary is filed for record within one year after January 1, 1966, in the manner provided by sections 38-30-159 and 38-30-160; except that if on January 1, 1966, any person is the owner of and in possession of any such interest in real property by reason of the occurrence prior to said date of the use prohibited or restricted by a special limitation or condition subsequent, such person shall not be required to file any notice in order to preserve the validity at the time of such occurrence of the special limitation and possibility of reverter or of the condition subsequent and right of entry upon which his ownership and possession are dependent.

(2) If such notice of claim to the contrary is not filed for record, except when not required as provided in subsection (1) of this section, such language of special limitation and possibility of reverter or of condition subsequent and right of entry shall be conclusively deemed and held to have been only a recognition of any prior special limitation and possibility of reverter and condition subsequent and right of entry which may have been then in existence. An affidavit may be made and filed for record in the county in which such interest in real property is located at any time on or after January 1, 1966, stating either that by January 1, 1966, no person was the owner of and in possession of such interest in real property by reason of such occurrence prior to said date of the use prohibited or restricted by a special limitation or condition subsequent, or the name of such person who was such owner in possession. Such affidavit shall further state that the affiant is of legal age and has personal knowledge of the ownership and possession of said interest in real property on January 1, 1966. Such affidavit shall not be made by anyone who then has a record interest in the real property described therein. Such recorded affidavit shall be deemed and held to be prima facie proof of the foregoing matters therein stated, and such recorded affidavit, and a copy of such record certified to be a true copy by the county clerk and recorder of the county wherein such affidavit is recorded shall be accepted in all courts of the state of Colorado as prima facie proof of the foregoing matters therein stated.
C.R.S. § 38-33.5-103 — CO Code / Title 38 / Article 33.5 / Section 38-33.5-103
38-33.5-103. Provisions relating to taxes, interest, and depreciation on corporate property
Status: in_force

38-33.5-103. Provisions relating to taxes, interest, and depreciation on corporate property. (1) The bylaws of a cooperative housing corporation shall provide that no less than eighty percent of the gross income of the corporation in any taxable year shall be derived from payments from tenant-stockholders. For the purposes of this article, "tenant-stockholder" means an individual who is a stockholder in the corporation and whose stock is fully paid when measured by his proportionate share of the value of the corporation's equity in the property.

(2) The bylaws shall further provide that each tenant-stockholder shall be credited with his proportionate payment of real estate taxes paid or incurred in any year on the buildings and other improvements owned or leased by the corporation in which the tenant-stockholder's living quarters are located, together with the land to which such improvements are appurtenant, and likewise with respect to interest paid or incurred by the corporation as well as depreciation on real and personal property which are proper deductions related to the said lands and improvements thereon for purposes of state and federal income taxation.
C.R.S. § 38-44-106 — CO Code / Title 38 / Article 44 / Section 38-44-106
38-44-106. Hearing
Status: in_force

38-44-106. Hearing. At the time and in the manner specified in the order of court, the commission shall proceed to locate said boundaries and corners and for that purpose may take the testimony of witnesses as to where the true boundaries and corners are located; and, when so ascertained, the commission shall mark the same by erecting or putting down permanent and fixed monuments at all corners so located. In its report to the court, the commission shall file a map or plat showing all monuments, lines, and any other evidences or witness marks that will more nearly identify the corners and, if that issue is presented, shall also take testimony as to whether the boundaries or corners alleged to have been recognized and acquiesced in for twenty years or more have in fact been recognized and acquiesced in. If it finds affirmatively on such issue, it shall incorporate the same into the report to the court.
C.R.S. § 38-26-102 — CO Code / Title 38 / Article 26 / Section 38-26-102
38-26-102. Railroad and irrigation contractor's bond - action - limitation
Status: in_force

38-26-102. Railroad and irrigation contractor's bond - action - limitation. (1) Whenever any railroad, reservoir, or irrigating canal company contracts with any person or corporation for the construction of its railroad, reservoir, or irrigating canal, or any part thereof, such company shall take from the person or corporation with whom such contract is made a good and sufficient bond, conditioned that such contractor shall pay or cause to be paid to all laborers, mechanics, materialmen, ranchmen, farmers, merchants, and other persons who supply such contractor, or any of his or her subcontractors, with labor, work, laborers, materials, ranch or farm products, provisions, goods, or supplies of any kind all just debts incurred therefor in carrying on such work, which bond shall be filed by such company in the office of the county clerk and recorder in the county where the principal work of such contractor is carried on. If any such railroad, reservoir, or irrigation canal company fails to take such bond, such company shall be liable to the persons mentioned to the full extent of all such debts so contracted by such contractor or any of his or her subcontractors. Any such contractor may take a similar bond from each of his or her subcontractors to secure the payment of all debts of the kind mentioned incurred by such contractor and file the same.

(2) All such persons mentioned in this section to whom any debt of the kind mentioned is due from any such contractor or subcontractor shall severally have a right of action upon any such bond covering such debt taken as provided for the recovery of the full amount of such debt. A certified copy of the bond shall be received as evidence in any such action. In order that the right of action upon such bonds may exist, such person or parties granted such right shall comply with either of the following conditions:

(a) An action in a court of competent jurisdiction in the county where such bond is filed shall be commenced within ninety days after the last item of indebtedness has accrued; or

(b) An itemized statement of the indebtedness duly verified shall be filed within ninety days after the last item of such indebtedness has accrued in the office of the county clerk and recorder of the proper county, and an action shall be brought in any court of competent jurisdiction of such county within three months after the filing of such statement.

(3) In case an action is commenced upon the bond of a contractor, such contractor may give notice thereof to the subcontractor liable for the claim. In such case the result of such action shall be binding upon the subcontractor and his sureties. In any case when a contractor has paid a claim for which a subcontractor is liable, such contractor shall bring action against the subcontractor and his sureties within sixty days after the payment of such claim.
C.R.S. § 38-12-1005 — CO Code / Title 38 / Article 12 / Part 10 / Section 38-12-1005
38-12-1005. Bed bugs - renting of dwelling units with bed bugs prohibited
Status: in_force

38-12-1005. Bed bugs - renting of dwelling units with bed bugs prohibited. A landlord shall not offer for rent a dwelling unit that the landlord knows or reasonably suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge, the dwelling unit that the landlord is offering for rent contained bed bugs within the previous eight months. Upon request from a tenant or a prospective tenant, a landlord shall disclose the last date, if any, on which a dwelling unit being rented or offered for rent was inspected for, and found to be free of, bed bugs.
C.R.S. § 38-10-113 — CO Code / Title 38 / Article 10 / Section 38-10-113
38-10-113. Goods sold at auction - memorandum
Status: in_force

38-10-113. Goods sold at auction - memorandum. Whenever goods are sold at auction, and the auctioneer at the time of sale enters in a sale book a memorandum specifying the nature and price of the property sold, the terms of sale, the name of the purchaser, and the name of the person for whose account the sale is made, such memorandum shall be deemed a note of the contract of such sale within the meaning of section 38-10-112.
C.R.S. § 38-36-181 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-181
38-36-181. Issuance of new certificate - amendment of duplicates
Status: in_force

38-36-181. Issuance of new certificate - amendment of duplicates. (1) In every case where the registrar of titles enters a memorial upon a certificate of title, or enters a new certificate of title, in pursuance of any instrument executed by the registered owner, or by reason of any instrument or proceeding which affects or devises the title of the registered owner against his consent, if the outstanding owner's duplicate certificate is not presented, the registrar of titles shall not enter a new certificate or make a memorial, but the person claiming to be entitled thereto may apply by petition to the court. The court may order the registered owner or any person withholding the duplicate certificate to present or surrender the same, and direct the entry of a memorial or new certificate upon such presentation or surrender. If in any case the person withholding the duplicate certificate is not amenable to the process of the court, or cannot be found, or if for any reason the outstanding owner's duplicate certificate cannot be presented or surrendered without delay, the court may, by decree, annul the same and order a new certificate of title to be entered. Such new certificate, and all duplicates thereof, shall contain a memorial of the annulment of the outstanding duplicate.

(2) If in any case an outstanding mortgagee's or lessee's duplicate certificate is withheld or otherwise dealt with, like proceedings may be had to obtain registration as in the case of the owner's withholding or refusal to deliver the duplicate receipt.
C.R.S. § 38-6-120 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-120
38-6-120. Review - deposit - possession
Status: in_force

38-6-120. Review - deposit - possession. Upon the final determination of any proceeding under this part 1, appeal shall lie in every case to bring into review the proceedings therein. If the owner of any property taken or affected appeals, the petitioner may pay into the registry of said court the amount of compensation awarded therefor, for the use of said owner, and shall thereupon be entitled to take possession of and use the property taken or affected the same as if no appeal had been taken. The money so deposited shall remain on deposit until the appeal has been heard and determined. If any owner elects to receive such amount before the determination of such appeal, said appeal shall thereupon be dismissed so far as such owner is concerned.
C.R.S. § 38-24.5-108 — CO Code / Title 38 / Article 24.5 / Section 38-24.5-108
38-24.5-108. Acknowledgment of satisfaction of lien - penalty
Status: in_force

38-24.5-108. Acknowledgment of satisfaction of lien - penalty. Whenever the indebtedness which is a lien upon any such grain or other crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction thereof and to discharge the lien of record; and, if any lienor fails to acknowledge satisfaction and discharge said lien within thirty days after being requested to do so by a person having a property interest in such grain or other crops, he is liable to any person injured thereby in the amount of such injury and the costs of the action.
C.R.S. § 38-13-303 — CO Code / Title 38 / Article 13 / Part 3 / Section 38-13-303
38-13-303. If records show multiple addresses of apparent owner
Status: in_force

38-13-303. If records show multiple addresses of apparent owner. (1) Except as otherwise provided in subsection (2) of this section, if records of a holder reflect multiple addresses for an apparent owner and if this state is the state of the most recently recorded address, this state may take custody of property presumed abandoned, whether located in this state or another state.

(2) If it appears from records of the holder that the most recently recorded address of the apparent owner under subsection (1) of this section is a temporary address and if this state is the state of the next most recently recorded address that is not a temporary address, this state may take custody of the property presumed abandoned.
C.R.S. § 38-6-202 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-202
38-6-202. Petition
Status: in_force

38-6-202. Petition. (1) The attorney for any municipality, in the name of said municipality, shall apply to the district court of the district in which the municipality is situated, by petition, which petition shall set forth the general nature of the improvement proposed to be established or made, a correct description of the water right required, the name of the owner of the water right, and those persons who may be damaged by the acquisition of the water right. Said petition shall pray for the appointment of three disinterested commissioners appointed by the court of jurisdiction, freeholders of real estate in Colorado, one to be a resident from the area affected by the proposed action, one to be a resident of the municipality bringing the action, and one to be a party who has no interest in the controversy, to determine the issue of the necessity of exercising eminent domain as proposed in the petition and, if the condemnation is to be allowed, to appraise and award the damages that each person damaged may sustain by reason of the appropriation and condemnation of the water right by the municipality and to perform such other duties as are in this part 2 enumerated.

(2) No municipality shall be allowed to condemn water rights, as provided in section 38-6-207, for any anticipated or future needs in excess of fifteen years, nor shall any municipality be allowed to condemn water rights that are appropriated to a prior public use.
C.R.S. § 38-32-104 — CO Code / Title 38 / Article 32 / Section 38-32-104
38-32-104. Laws on land applicable
Status: in_force

38-32-104. Laws on land applicable. The provisions of articles 30 to 44 of this title and of any other law of this state shall be applicable to estates, rights, and interests created in areas above the surface of the ground and to instruments creating, disposing of, or otherwise affecting such estates, rights, and interests 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 interests in land.
C.R.S. § 38-32.5-102 — CO Code / Title 38 / Article 32.5 / Section 38-32.5-102
38-32.5-102. Contents
Status: in_force

38-32.5-102. Contents. (1) Any instrument creating a solar easement shall include, but the contents shall not be limited to:

(a) A description of the vertical and horizontal angles, expressed in degrees together with any pertinent hourly, diurnal, or seasonal variations thereof, and measured from the site of the solar energy device, within which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three-dimensional space or the place and time of day in which an obstruction to direct sunlight is prohibited or limited;

(b) Any terms or conditions or both under which the solar easement is granted or will be terminated;

(c) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement;

(d) The restrictions placed upon vegetation, structures, and other objects which would impair or obstruct the passage of sunlight through the easement.
C.R.S. § 38-30-120 — CO Code / Title 38 / Article 30 / Section 38-30-120
38-30-120. Conveyance carries right of possession
Status: in_force

38-30-120. Conveyance carries right of possession. All conveyances of real estate and of any interest therein, duly executed and delivered, shall be held to carry with them the right to immediate possession of the premises or interest conveyed, unless a future day for the possession is therein specified.
C.R.S. § 38-51-103 — CO Code / Title 38 / Article 51 / Section 38-51-103
38-51-103. Procedure for subdividing section
Status: in_force

38-51-103. Procedure for subdividing section. (1) Whenever a professional land surveyor conducts a survey for the purpose of locating a parcel of land which is described in terms of the nomenclature of the public land survey system, such professional land surveyor shall proceed according to the applicable rules contained in the current "Manual of Instructions for the Survey of the Public Lands of the United States" published by the United States government printing office; except that all monumentation shall conform to section 38-51-104.

(2) (a) A section may be subdivided by:

(I) Surveying all necessary aliquot lines in the field; or

(II) Computing the location of the required aliquot corners after making a field survey which includes all required control corners of the section.

(b) Any section subdivided pursuant to paragraph (a) of this subsection (2) shall include all control corners that were originally monumented by the United States government, which must either be found or restored in the field according to the standards set forth in section 38-51-104.

(c) Monument records shall be filed pursuant to section 38-53-104, describing each such corner.

(d) For any section subdivided pursuant to this subsection (2) the location of original aliquot corners of, and procedures used in, the governing official United States government survey, where applicable, shall take precedence.
C.R.S. § 38-33.3-203 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-203
38-33.3-203. Construction and validity of declaration and bylaws
Status: in_force

38-33.3-203. Construction and validity of declaration and bylaws. (1) All provisions of the declaration and bylaws are severable.

(2) The rule against perpetuities does not apply to defeat any provision of the declaration, bylaws, or rules and regulations.

(3) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails, except to the extent the declaration is inconsistent with this article.

(4) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this article. Whether a substantial failure impairs marketability is not affected by this article.
C.R.S. § 38-6-102 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-102
38-6-102. Petition
Status: in_force

38-6-102. Petition. The attorney for said city or city and county, in the name of such city or city and county, shall apply to the district court of the district in which said city or city and county is situated, by petition, which petition shall state the general nature of the improvement proposed to be established or made, a correct description of the property required, and the name of the owner of said property as shown on the records of the county clerk and recorder of the county or city and county in which said property is situated. Said petition shall pray for the appointment of three disinterested commissioners, freeholders of real estate in and residents of said city or city and county, to appraise and award the damages which said owner may sustain by reason of the appropriation and condemnation of such property by the city or city and county and to perform such other duties as are in this part 1 enumerated.
C.R.S. § 38-36.5-105 — CO Code / Title 38 / Article 36.5 / Section 38-36.5-105
38-36.5-105. Requirements and limitations of amendment
Status: in_force

38-36.5-105. Requirements and limitations of amendment. (1) An amendment under this article 36.5 must identify, for an amendment by an owner pursuant to section 38-36.5-103, the owner, and for an amendment by an association of owners pursuant to section 38-36.5-104, the name of the common interest community and the association. All amendments must include a description of the real property affected and a reference to the document recorded in the land records containing the unlawful restriction. All amendments must include a conspicuous statement in substantially the following form: "This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land Records Act. This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction."

(2) (a) The amendment must be executed and acknowledged in the manner required for recordation of a document in the land records. The amendment must be recorded in the land records of each county in which the document containing the unlawful restriction is recorded.

(b) For an amendment by an owner pursuant to section 38-36.5-103, the recorder shall index the amendment in the grantor and grantee index in the name of the record owner. For an amendment by an association of owners pursuant to section 38-36.5-104, the recorder shall index the amendment in the grantee index in the name of the common interest community created pursuant to the governing instrument and in the name of the association of owners and in the grantor index in the name of the record owner.

(3) The amendment does not affect the validity or enforceability of any restriction that is not an unlawful restriction.

(4) The amendment or a future conveyance of the affected real property is not a republication of a restriction that otherwise would expire by passage of time under other law of this state.
C.R.S. § 38-23-107 — CO Code / Title 38 / Article 23 / Section 38-23-107
38-23-107. Judgment - execution
Status: in_force

38-23-107. Judgment - execution. Actions to enforce liens claimed by virtue of this article shall be commenced and prosecuted in accordance with the procedure in other civil actions in the state of Colorado. Each party who establishes his claim under this article shall have a judgment against the party personally liable to him for the full amount of his claim so established and shall have a lien decreed and determined upon the ditch interest to which his lien has attached to the extent of his said claims; but no judgment shall exceed the interest of the party in such ditch, nor shall execution issue against other than his interest in said ditch.
C.R.S. § 38-33.3-307 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-307
38-33.3-307. Upkeep of the common interest community
Status: in_force

38-33.3-307. Upkeep of the common interest community. (1) Except to the extent provided by the declaration, subsection (2) of this section, or section 38-33.3-313 (9), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of such owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through such owner's unit reasonably necessary for those purposes. If damage is inflicted, or a strong likelihood exists that it will be inflicted, on the common elements or any unit through which access is taken, the unit owner responsible for the damage, or expense to avoid damage, or the association if it is responsible, is liable for the cost of prompt repair.

(1.5) Maintenance, repair, or replacement of any drainage structure or facilities, or other public improvements required by the local governmental entity as a condition of development of the common interest community or any part thereof shall be the responsibility of the association, unless such improvements have been dedicated to and accepted by the local governmental entity for the purpose of maintenance, repair, or replacement or unless such maintenance, repair, or replacement has been authorized by law to be performed by a special district or other municipal or quasi-municipal entity.

(2) In addition to the liability that a declarant as a unit owner has under this article, the declarant alone is liable for all expenses in connection with real estate within the common interest community subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant. If the declarant fails to pay all expenses in connection with real estate within the common interest community subject to development rights, the association may pay such expenses, and such expenses shall be assessed as a common expense against the real estate subject to development rights, and the association may enforce the assessment pursuant to section 38-33.3-316 by treating such real estate as if it were a unit. If the association acquires title to the real estate subject to the development rights through foreclosure or otherwise, the development rights shall not be extinguished thereby, and, thereafter, the association may succeed to any special declarant rights specified in a written instrument prepared, executed, and recorded by the association in accordance with the requirements of section 38-33.3-304 (3).

(3) In a planned community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.

(4) In maintaining, repairing, or replacing common elements as required by subsection (1) of this section, an association shall comply with section 38-33.3-302.5 concerning unit owners' access to common elements.
C.R.S. § 38-33-107 — CO Code / Title 38 / Article 33 / Section 38-33-107
38-33-107. Records of receipts and expenditures - availability for examination
Status: in_force

38-33-107. Records of receipts and expenditures - availability for examination. The manager or board of managers, as the case may be, shall keep detailed, accurate records of the receipts and expenditures affecting the general and limited common elements. Such records authorizing the payments shall be available for examination by the unit owners at convenient weekday business hours.
C.R.S. § 38-45-105 — CO Code / Title 38 / Article 45 / Section 38-45-105
38-45-105. Municipal or county ordinances regarding carbon monoxide alarms
Status: in_force

38-45-105. Municipal or county ordinances regarding carbon monoxide alarms. Nothing in this article shall be construed to limit a municipality, city, home rule city, city and county, county, or other local government entity from adopting or enforcing any requirements for the installation and maintenance of carbon monoxide alarms that are more stringent than the requirements set forth in this article.
C.R.S. § 38-52-101 — CO Code / Title 38 / Article 52 / Section 38-52-101
38-52-101. Colorado coordinate system zones defined
Status: in_force

38-52-101. Colorado coordinate system zones defined. (1) The systems of plane coordinates which have been established by the national ocean service/national geodetic survey (formerly the United States coast and geodetic survey) or its successors for defining and stating the geographic positions or locations of points on the surface of the earth within the state of Colorado are, on and after July 1, 1988, to be known and designated as the Colorado coordinate system of 1927 and the Colorado coordinate system of 1983.

(2) For the purpose of the use of these systems, the state is divided into a north zone, a central zone, and a south zone.

(3) The area now included in the following counties shall constitute the north zone: Moffat, Routt, Jackson, Larimer, Weld, Logan, Sedgwick, Rio Blanco, Grand, Boulder, Gilpin, Adams, Morgan, Washington, Phillips, and Yuma.

(4) The area now included in the following counties shall constitute the central zone: Garfield, Eagle, Summit, Clear Creek, Jefferson, Denver, Arapahoe, Lincoln, Kit Carson, Mesa, Delta, Pitkin, Gunnison, Lake, Chaffee, Park, Fremont, Teller, Douglas, El Paso, Elbert, and Cheyenne.

(5) The area now included in the following counties shall constitute the south zone: Montrose, Ouray, Hinsdale, Saguache, Custer, Pueblo, Crowley, Kiowa, San Miguel, San Juan, Mineral, Rio Grande, Alamosa, Huerfano, Otero, Bent, Prowers, Dolores, Montezuma, La Plata, Archuleta, Conejos, Costilla, Las Animas, and Baca.
C.R.S. § 38-36-199 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-199
38-36-199. Article liberally construed
Status: repealed

38-36-199. Article liberally construed. (1) This article shall be construed liberally, so far as may be necessary for the purpose of carrying out its general intent, which is that any owner of land may register his title and bring his land under the provisions of this article, but no one is required to do so.

(2) All laws and parts of laws, if any, necessarily in conflict with this article are repealed, but this article is not intended to interfere with the present system of recording, transferring, or dealing in any real estate, not brought under the provisions of this article.
C.R.S. § 38-29-118 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-118
38-29-118. Surrender and cancellation of certificate - purge of certificate - penalty for v
Status: in_force

38-29-118. Surrender and cancellation of certificate - purge of certificate - penalty for violation. (1) The owner of any manufactured home for which a Colorado certificate of title has been issued, upon the destruction or dismantling of said manufactured home or upon its being sold or otherwise disposed of as salvage, shall surrender the owner's certificate of title thereto to the director with the request that such certificate of title be canceled and shall submit a certificate of destruction as set forth in section 38-29-204, and such certificate of title may thereupon be canceled. Any person who violates any of the provisions of this subsection (1) commits a petty offense and, upon conviction thereof, shall be punished as provided in section 18-1.3-503.

(2) The owner of any manufactured home for which a Colorado certificate of title has been issued, upon its being permanently affixed to the ground so that it is no longer capable of being drawn over the public highways, shall surrender his or her certificate of title thereto and file with the authorized agent of the county or city and county in which such manufactured home is located a request for purging of the manufactured home title and a certificate of permanent location. 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 (2) 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 interests 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 (2).
C.R.S. § 38-24-104 — CO Code / Title 38 / Article 24 / Section 38-24-104
38-24-104. Lien statement - when filed
Status: in_force

38-24-104. Lien statement - when filed. (1) Every person wishing to avail himself of the benefits of this article must file with the county clerk and recorder of the county in which the property or premises mentioned in this article are situated, and within six months after the machinery, materials, fuel, explosives, or supplies have been furnished or the labor performed, a statement containing:

(a) A just and true account of the amount due him after allowing all credits;

(b) A description of the property to be charged with such lien sufficient for its proper identification; and

(c) A verification by affidavit.

(2) No error in the account shall effect the validity of the lien by the inclusion of items erroneously taken in, if such items can be identified. An open running account shall constitute a single contract, and in such case the lien shall relate back to the first item of material furnished or labor performed, as the case may be, and the six-month filing period shall begin to run for the whole account from the date of the last item.
C.R.S. § 38-35-202 — CO Code / Title 38 / Article 35 / Part 2 / Section 38-35-202
38-35-202. Recording or filing
Status: in_force

38-35-202. Recording or filing. (1) 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, may accept or reject for recording or filing any document that the state or local official or employee reasonably believes in good faith may be a spurious lien or spurious document.

(2) No state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state, shall be liable to any person or claimant for either the acceptance or rejection for recording or filing of any document that the state or local official or employee reasonably believes in good faith may be a spurious lien or spurious document.

(3) No state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state, shall be obligated to accept for recording or filing any lien or claim of lien against a federal official or employee or a state or local official or employee based upon the performance or nonperformance of that official's or employee's duties unless such lien or claim of lien is accompanied by a specific order issued by a state court or federal court authorizing the recording or filing of such lien or claim of lien.
C.R.S. § 38-38-401.5 — CO Code / Title 38 / Article 38 / Part 4 / Section 38-38-401.5
38-38-401.5. Certificate - priority of lien
Status: in_force

38-38-401.5. Certificate - priority of lien. The lien represented by a certificate of purchase shall have the same priority as the deed of trust or other lien foreclosed.
C.R.S. § 38-30-164 — CO Code / Title 38 / Article 30 / Section 38-30-164
38-30-164. Sections to be liberally construed
Status: in_force

38-30-164. Sections to be liberally construed. Sections 38-30-157 to 38-30-164 shall be liberally construed to effect the legislative purposes of simplifying and facilitating real property title transactions and of rendering real property titles more secure and marketable by the elimination, as provided in sections 38-30-157 to 38-30-163, of purported special limitations, and possibilities of reverter, and conditions subsequent, and rights of entry.
C.R.S. § 38-13-1003 — CO Code / Title 38 / Article 13 / Part 10 / Section 38-13-1003
38-13-1003. Rules for conducting examination
Status: in_force

38-13-1003. Rules for conducting examination. (1) The administrator shall adopt rules governing procedures and standards for an examination under section 38-13-1002, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examination.

(2) An examination under section 38-13-1002 must be performed under rules adopted under subsection (1) of this section and with generally accepted examination practices and standards applicable to an unclaimed-property examination.

(3) If a person subject to examination under section 38-13-1002 has filed the reports required by sections 38-13-401 and 38-13-1001 and has retained the records required by section 38-13-404, the following rules apply:

(a) The examination must include a review of the person's records;

(b) The examination must not be based on an estimate unless the person expressly consents in a record to the use of an estimate; and

(c) The person conducting the examination shall consider the evidence presented in good faith by the person in preparing the findings of the examination under section 38-13-1007.
C.R.S. § 38-13-211 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-211
38-13-211. Knowledge of death of insured or annuitant - definition
Status: in_force

38-13-211. Knowledge of death of insured or annuitant - definition. (1) In this section, "death master file" means the United States social security administration's death master file or other database or service that is at least as comprehensive as the United States social security administration's death master file for determining that an individual reportedly has died.

(2) With respect to a life or endowment insurance policy or annuity contract for which an amount is owed on proof of death, but that has not matured by proof of death of the insured or annuitant, the company has knowledge of the death of an insured or annuitant when:

(a) The company receives a death certificate or a court order determining that the insured or annuitant has died;

(b) Due diligence performed as required under Colorado law to maintain contact with the insured or annuitant or determine whether the insured or annuitant has died, validates the death of the insured or annuitant;

(c) The company conducts a comparison for any purpose between a death master file and the names of some or all of the company's insureds or annuitants, finds a match that provides notice that the insured or annuitant has died, and validates the death;

(d) The administrator or the administrator's agent conducts a comparison for the purpose of finding matches during an examination conducted under part 10 of this article 13 between a death master file and the names of some or all of the company's insureds or annuitants, finds a match that provides notice that the insured or annuitant has died, and the company validates the death; or

(e) The company:

(I) Receives notice of the death of the insured or annuitant from an administrator, beneficiary, policy owner, relative of the insured, or trustee or from a personal representative, executor, or other legal representative of the insured's or annuitant's estate; and

(II) Validates the death of the insured or annuitant.

(3) The following rules apply under this section:

(a) A death-master-file match under subsection (2)(c) or (2)(d) of this section occurs if the criteria for an exact or partial match are satisfied as provided by the "Unclaimed Life Insurance Benefits Act", part 8 of article 7 of title 10.

(b) The death-master-file match does not constitute proof of death for the purpose of submission to an insurance company of a claim by a beneficiary, annuitant, or owner of the policy or contract for an amount due under an insurance policy or annuity contract.

(c) The death-master-file match or validation of the insured's or annuitant's death does not alter the requirements for a beneficiary, annuitant, or owner of the policy or contract to make a claim to receive proceeds under the terms of the policy or contract.

(d) If no provision in title 10 or rules of the commissioner of insurance establishes a time for the validation of a death of an insured or annuitant, the insurance company shall make a good-faith effort using other available records and information to validate the death and document the effort taken not later than ninety days after the insurance company has notice of the death.

(4) This article 13 does not affect the determination of the extent to which an insurance company, before July 1, 2020, had knowledge of the death of an insured or annuitant or was required to conduct a death-master-file comparison to determine whether amounts owed by the company on a life or endowment insurance policy or annuity contract were presumed abandoned or unclaimed.
C.R.S. § 38-51-109 — CO Code / Title 38 / Article 51 / Section 38-51-109
38-51-109. Unlawful sale
Status: in_force

38-51-109. Unlawful sale. (1) It is unlawful for any person to offer to sell, to sell, or otherwise to receive remuneration for any map or plat which purports to be a survey map or plat unless such map or plat conforms with the standards, requirements, and terminology of the provisions of this article.

(2) It is unlawful for any person to offer to sell, to sell, or otherwise to receive remuneration for any document, sketch, or diagram which purports to be an improvement location certificate unless such document, sketch, or diagram conforms with the standards, requirements, and terminology of this article.
C.R.S. § 38-36-170 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-170
38-36-170. Certificate of title number on all filings and registrations
Status: in_force

38-36-170. Certificate of title number on all filings and registrations. In every case where a writing of any description, or a copy of any writ, order, or decree is required by law to be filed or recorded in order to create or preserve any lien, right, or attachment upon unregistered land, such writing or copy when intended to affect registered land, in lieu of recording, shall be filed and registered in the office of the registrar of titles in the county in which the land lies, and, in addition to any particulars required in such papers for the filing or recording, shall also contain a reference to the number of the certificate of title of the land to be affected, and also, if the attachment, right, or lien is not claimed on all the land in any certificate of title, a description sufficiently accurate for the identification of the land intended to be affected.
C.R.S. § 38-8-107 — CO Code / Title 38 / Article 8 / Section 38-8-107
38-8-107. When transfer is made or obligation is incurred
Status: in_force

38-8-107. When transfer is made or obligation is incurred. (1) For the purposes of this article:

(a) A transfer is made:

(I) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(II) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee.

(2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action.

(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee.

(4) A transfer is not made until the debtor has acquired rights in the asset transferred.

(5) An obligation is incurred:

(a) If oral, when it becomes effective between the parties; or

(b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
C.R.S. § 38-12-1006 — CO Code / Title 38 / Article 12 / Part 10 / Section 38-12-1006
38-12-1006. Remedies - liability
Status: in_force

38-12-1006. Remedies - liability. (1) A landlord who fails to comply with this part 10 is liable to the tenant for the tenant's actual damages.

(2) A landlord may apply to a court of competent jurisdiction to obtain injunctive relief against a tenant who:

(a) Refuses to provide reasonable access to a dwelling unit; or

(b) Fails to comply with a reasonable request for inspection or treatment of a dwelling unit.

(3) If a court finds that a tenant has unreasonably failed to comply with one or more requirements set forth in this part 10, the court may issue a temporary order to carry out this part 10, including:

(a) Granting the landlord access to the dwelling unit for the purposes set forth in this part 10;

(b) Granting the landlord the right to engage in bed bug inspection and treatment measures in the dwelling unit; and

(c) Requiring the tenant to comply with specific bed bug inspection and treatment measures or assessing the tenant with costs and damages related to the tenant's noncompliance.

(4) Any court order granting a landlord access to a dwelling unit must be served upon the tenant at least twenty-four hours before a landlord, qualified inspector, or pest control agent enters the dwelling unit.

(5) (a) The remedies in this section are in addition to any other remedies available at law or in equity to any person.

(b) This section does not limit or restrict the authority of any state or local housing or health code enforcement agency.
C.R.S. § 38-12-901 — CO Code / Title 38 / Article 12 / Part 9 / Section 38-12-901
38-12-901. Short title
Status: in_force

38-12-901. Short title. The short title of this part 9 is the "Rental Application Fairness Act".
C.R.S. § 38-10-110 — CO Code / Title 38 / Article 10 / Section 38-10-110
38-10-110. Courts may enforce specific performance
Status: in_force

38-10-110. Courts may enforce specific performance. Nothing in this article shall be construed to abridge the powers of courts of equity to compel the specific performance of agreements in cases of part performance of such agreement.
C.R.S. § 38-29-143 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-143
38-29-143. Change of location - penalty
Status: in_force

38-29-143. Change of location - penalty. (1) The owner shall file notice of any change of location within the county with the county assessor and the county treasurer or change of location from one county to another county with the county assessor and the county treasurer of each county within twenty days after such change of location occurs. For the purposes of this subsection (1), "owner" shall mean the owner at the time of the change of location.

(2) Any person who fails to file notice of any change of location as required by subsection (1) of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars. This shall be a strict liability offense.
C.R.S. § 38-24.7-107 — CO Code / Title 38 / Article 24.7 / Section 38-24.7-107
38-24.7-107. Acknowledgment of satisfaction of lien - penalty
Status: in_force

38-24.7-107. Acknowledgment of satisfaction of lien - penalty. Whenever the indebtedness giving rise to a lien under this article is paid and satisfied, the lienor has the duty to acknowledge satisfaction of the indebtedness and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge of the lien within thirty days after being requested to do so by a person having a property interest in the assets and property of the retailer or other commercial user, including the stock in trade, business fixtures, and equipment owned or used by the retailer or other commercial user in the conduct of the retailer's or other commercial user's business, the lienor is liable to any person injured in the amount of the injury and the costs of the action.
C.R.S. § 38-36-205 — CO Code / Title 38 / Article 36 / Part 2 / Section 38-36-205
38-36-205. Certificate of title - recording - notice
Status: repealed

38-36-205. Certificate of title - recording - notice. (1) On or before January 1, 2020, the registrar shall remove all the remaining registered land from registration by recording in the office of the county clerk and recorder under article 35 of this title 38 a certificate of title, with all notations, certifications, memorials, and endorsements thereon, for each parcel of registered land within the county.

(2) (a) At least ninety days prior to recording a certificate of title under this section, a registrar shall mail a notice to each owner at the residence of the owner identified on the certificate of title or to the address for the owner in the records maintained by the county assessor. If there is no known address for the owner or if the notice is returned as undeliverable, the registrar shall place a legal notice that meets the requirements set forth in section 24-70-103 in a newspaper in the county where the property is located.

(b) The registrar shall include the following information in the notice required under subsection (2)(a) of this section:

(I) A description of the registered land;

(II) The name of each owner of the registered land that is listed on the certificate of title;

(III) The certificate of title number;

(IV) A statement that the torrens title registration system is being repealed and that, on or before January 1, 2020, the registered land will be removed from the torrens title registration system and recorded with the clerk and recorder, but prior to the removal, the owner may remove the registered land under section 38-36-136; and

(V) The address and telephone number for the registrar's office.

(3) Before recording a certificate of title under this section, the registrar shall memorialize on the certificate any instruments, documents, papers, or orders that have been filed with the registrar and that have not yet been memorialized.
C.R.S. § 38-7-103 — CO Code / Title 38 / Article 7 / Section 38-7-103
38-7-103. Vesting of title - procedure
Status: in_force

38-7-103. Vesting of title - procedure. (1) When the certified report of the commissioners is filed with the clerk of the court, the said clerk shall forthwith notify all parties named in the motion for vesting of the filing of the said report and of the amount preliminarily found to constitute just compensation.

(2) Within seven days of receipt of the notice described in subsection (1) of this section, the petitioner shall deposit with the court or the clerk of the court, for the use of the respondent named in the motion for vesting, the sum of money preliminarily found to constitute just compensation by the commissioners. If the petitioner has filed a motion for a new report under section 38-7-102 (5), the deposit shall not be due until seven days following the court's ruling on the said motion, if the motion is denied. If the motion is granted by the court, a new notice shall be sent by the clerk upon receipt of the new report.

(3) Upon payment into the court or the clerk of the court of the sum described in subsection (2) of this section by the petitioner, the court shall enter an order vesting in the petitioner the fee simple title, or such lesser estate, interest, or easement, as may be required, to the property as requested in the motion for vesting at such date as the court considers proper, and fixing a date on which the petitioner is authorized to take possession of and to use the property. A certified copy of said order shall be recorded and indexed in the recorder's office of the county in which the property is located in like manner and with like effect as if it were a deed of conveyance from the owners and parties interested to the proper parties. If there is more than one person interested as owner or otherwise in the property and they are unable to agree upon the nature, extent, or value of their respective interests in the total amount of compensation so ascertained and assessed on an undivided basis, the nature, extent, or value of said interests shall be determined according to law in a separate and subsequent proceeding and distribution made among the several claimants.

(4) At the request of any affected party and upon his showing of undue hardship or other good cause, the petitioner's authority to take possession of the property shall be postponed for more than fourteen days after the date of such vesting of title or more than twenty-one days after the entry of such order when the order does not vest title in the petitioner. If postponement occurs, such party shall pay to the petitioner a reasonable rental for such property, the amount thereof to be determined by the court.
C.R.S. § 38-21.5-103 — CO Code / Title 38 / Article 21.5 / Section 38-21.5-103
38-21.5-103. Enforcement of lien
Status: in_force

38-21.5-103. Enforcement of lien. (1) An owner's lien, as provided for a claim that has become due, may be satisfied as follows:

(a) No enforcement action shall be taken by the owner until the occupant has been in default continuously for a period of thirty days.

(b) After the occupant has been in default continuously for thirty days, the owner may begin enforcement action if the occupant has been notified in writing. The owner shall deliver the notice in person or by verified mail or electronic mail to the last-known address of the occupant and shall provide the notice to any lienholder with an interest in the property to be sold or otherwise disposed of, of whom the owner has knowledge through the disclosure provision on the rental agreement, as evidenced by a financing statement filed with the secretary of state, or through the owner's receipt of other written notice of such interest from the lienholder.

(c) The notice shall include:

(I) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due;

(II) A brief and general description of the personal property subject to the lien. Such description shall be reasonably adequate to permit the person notified to identify such property; except that any container including, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents.

(III) A notification of denial of access to the personal property, if such denial is permitted under the terms of the rental agreement, which notification shall provide the name, street address, and telephone number of the owner or his designated agent whom the occupant may contact to respond to such notification;

(IV) A demand for payment within a specified time not less than fifteen days after delivery of the notice;

(V) A conspicuous statement that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.

(d) If the owner sends notice of a pending sale of property to the occupant's last-known e-mail address and does not receive a response, return receipt, or delivery confirmation from the same e-mail address, the owner must send notice of the sale to the occupant by verified mail to the occupant's last-known postal address before proceeding with the sale.

(e) (I) After the expiration of the time given in the notice, the owner shall advertise the sale of the personal property either by:

(A) Publishing an advertisement of the sale once a week for two consecutive weeks in a periodical that circulates weekly or more frequently in the county where the self-service storage facility is located; or

(B) Advertising the sale in any other commercially reasonable manner. The manner of advertisement is deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised.

(II) As used in this paragraph (e), "independent bidder" means a bidder who is not related to and who has no controlling interest in, or common pecuniary interest with, the owner or any other bidder.

(f) (Deleted by amendment, L. 2011, (SB 11-039), ch. 92, p. 272, § 2, effective August 10, 2011.)

(g) (I) Any sale or other disposition of the personal property must be held:

(A) On an online auction website that customarily conducts public auctions;

(B) At the self-service storage facility; or

(C) At the nearest suitable place to where the personal property is held or stored.

(II) If the property upon which the lien is claimed is a vehicle or watercraft, and rent and other charges related to the property remain unpaid or unsatisfied for sixty days:

(A) The owner may have the property towed from the self-service storage facility by an independent towing carrier holding current and valid operating authority from the Colorado public utilities commission; and

(B) The owner is not liable for the property, or for any damages to the property, once the towing carrier takes possession of the property.

(III) The owner is not liable for identity theft or other harm resulting from the misuse of information contained in documents or electronic storage media:

(A) That are part of the occupant's property sold or otherwise disposed of; and

(B) Of which the owner did not have actual knowledge.

(h) Before any sale or other disposition of personal property pursuant to this section, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section and thereby redeem the personal property. Upon receipt of such payment, the owner shall return the personal property, and thereafter the owner shall have no liability to any person with respect to such personal property.

(i) A purchaser in good faith of the personal property sold to satisfy a lien as provided in this article takes the property free of any rights of persons against whom the lien was valid and free of any rights of a secured creditor, despite noncompliance by the owner with the requirements of this section.

(j) In the event of a sale under this section, the owner may satisfy his lien from the proceeds of the sale, subject to the rights of any prior lienholder. The lien rights of such prior lienholder are automatically transferred to the proceeds of the sale. If the sale is made in good faith and is conducted in a reasonable manner, the owner shall not be subject to any surcharge for a deficiency in the amount of a prior secured lien but shall hold the balance, if any, for delivery to the occupant, lienholder, or other person in interest. If the occupant, lienholder, or other person in interest does not claim the balance of the proceeds within three years of the date of sale, it shall become the property of the owner without further recourse by the occupant, lienholder, or other person in interest.

(k) Nothing in this section affects the rights and liabilities of the owner or the occupant if:

(I) The requirements of this article are not satisfied;

(II) The sale of the personal property is not in conformity with the notice of sale; or

(III) There is a willful violation of this article.
C.R.S. § 38-31-102 — CO Code / Title 38 / Article 31 / Part 1 / Section 38-31-102
38-31-102. Proof of death - certificate of death available - definitions
Status: in_force

38-31-102. Proof of death - certificate of death available - definitions. (1) A certificate of death, a verification of death document, or a certified copy thereof, of a person who is a joint tenant may be placed of record with the county clerk and recorder of the county in which the real property affected by the joint tenancy is located, together with a supplementary affidavit. The supplementary affidavit, which shall be properly sworn to or affirmed by a person of legal age having personal knowledge of the facts, must include the legal description of the real property and a statement that the person referred to in the certificate is the same person who is named in a specific recorded deed or similar instrument creating the joint tenancy. When recorded, the original certificate or verification document and supplementary affidavit, or certified copies thereof, must be accepted in all courts of the state of Colorado as prima facie proof of the death of the joint tenant. The certificate or verification document and supplementary affidavit provided for in this section may also be used to provide proof of the death of a life tenant, the owner under a beneficiary deed, or any other person whose record interest in real property terminates upon the death of such person to the same extent as a joint tenant as provided in this section.

(2) As used in this part 1, unless the context otherwise requires, a "certificate of death or certified copy thereof" means a certificate of death as construed in section 25-2-110 (10), C.R.S., that meets the requirements set forth in section 38-35-112 to be admitted as evidence or a copy of such a certificate of death certified by the public office that issued it.
C.R.S. § 38-12-204 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-204
38-12-204. Nonpayment of rent - notice required for rent increase - limitation on rent incr
Status: in_force

38-12-204. Nonpayment of rent - notice required for rent increase - limitation on rent increases - definition. (1) Any tenancy or other estate at will or lease in a mobile home park may be terminated upon the landlord's written notice to the home owner provided pursuant to section 38-12-212.9 requiring, in the alternative, payment of rent or the removal of the home owner's unit from the premises, within a period of not less than ten days after the date notice is served or posted, for failure to pay rent when due.

(2) Rent shall not be increased without sixty days' written notice to the home owner provided pursuant to section 38-12-212.9. In addition to the amount and the effective date of the rent increase, such written notice shall include the name, address, and telephone number of the mobile home park management, if such management is a principal owner, or owner of the mobile home park and, if the owner is other than a natural person, the name, address, and telephone number of the owner's chief executive officer or managing partner; except that such ownership information need not be given if it was disclosed in the rental agreement made pursuant to section 38-12-213.

(3) A landlord shall not increase rent more than one time in any twelve-month period of consecutive occupancy by the tenant, regardless of:

(a) Whether there is a written rental agreement for the tenancy;

(b) The length of the tenancy; and

(c) Whether the tenant's rental agreement is for a fixed tenancy, a month-to-month tenancy, or an indefinite term.

(4) A landlord shall not increase rent on a resident of a mobile home park lot or issue a notice of rent increase if the park:

(a) Does not have a current, active registration filed with the division of housing in accordance with section 38-12-1106;

(b) Has any unpaid penalties owed to the division of housing;

(c) (I) Has not fully complied with any government order.

(II) As used in subsection (4)(c)(I) of this section, "government order" means any final federal, state, or local administrative order or judicial order.

(d) Has failed to comply with a provision of section 25-8-1003 (2) and the applicable deadline to comply with the provision has passed.

(e) Has been found by the division in a final agency order or by a court, within the twelve months prior to the final agency or court order, to have failed to comply with a landlord's responsibilities pursuant to section 38-12-212.3. This subsection (4)(e) shall not apply to a negotiated settlement that precedes a final agency or court order.

(5) A notice of a rent increase issued in violation of this section is invalid and has no force and effect.
C.R.S. § 38-36-133 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-133
38-36-133. Certificate of title insures freedom from encumbrance - exceptions
Status: in_force

38-36-133. Certificate of title insures freedom from encumbrance - exceptions. (1) Every person receiving a certificate of title in pursuance of a decree of registration and every subsequent purchaser of registered land who takes a certificate of title for value and in good faith shall hold the same free from all encumbrances, except only such estates, mortgages, liens, charges, and interests as may be noted in the last certificate of title in the registrar's office, and except any of the following rights or encumbrances subsisting, namely:

(a) Any existing lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;

(b) All public highways embraced in the description of the land included in the certificates shall be deemed to be excluded from the certificate, and any subsisting right-of-way or other easement for ditches or water rights upon, over, or in respect to the land;

(c) Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title;

(d) Such right of appeal, or right to appear and contest the application, as is allowed by this article;

(e) Liens, claims, or rights, if any, arising or existing under the constitution or laws of the United States, and which the statutes of this state cannot or do not require to appear of record in the office of the county clerk and recorder.
C.R.S. § 38-33.3-119 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-119
38-33.3-119. Exception for small preexisting cooperatives and planned communities
Status: in_force

38-33.3-119. Exception for small preexisting cooperatives and planned communities. If a cooperative or planned community created within this state before July 1, 1992, contains no more than ten units and is not subject to any development rights, or if its declaration limits its annual common expense liability to the amount specified in section 38-33.3-116 (1), then it is subject only to sections 38-33.3-105 to 38-33.3-107 unless the declaration is amended in conformity with applicable law and with the procedures and requirements of the declaration to take advantage of the provisions of section 38-33.3-120, in which case all the sections enumerated in section 38-33.3-117 apply to that planned community.
C.R.S. § 38-44-105 — CO Code / Title 38 / Article 44 / Section 38-44-105
38-44-105. Oath or affirmation - assistants
Status: in_force

38-44-105. Oath or affirmation - assistants. The commissioners so appointed shall take an oath or affirmation in accordance with section 24-12-101 and shall have power to appoint all necessary assistants.
C.R.S. § 38-30-133 — CO Code / Title 38 / Article 30 / Section 38-30-133
38-30-133. Commissioner has power to administer oath
Status: in_force

38-30-133. Commissioner has power to administer oath. Every commissioner has the power to administer any oath, which may be lawfully required in this state, to any person willing to take it and to take and certify all depositions to be used in any of the courts of this state, in conformity with the laws thereof, either on interrogations proposed under commission from a court of this state or by consent of parties, and all such acts shall be as valid as if done and certified according to law by a magistrate of this state.
C.R.S. § 38-10-104 — CO Code / Title 38 / Article 10 / Section 38-10-104
38-10-104. Power to revoke and reconvey
Status: in_force

38-10-104. Power to revoke and reconvey. When the power to revoke a conveyance of any lands or the rents and profits thereof and to reconvey the same is given to any person other than the grantor in such conveyance and such person thereafter conveys the same lands, rents, or profits to a purchaser for a valuable consideration, such subsequent conveyance shall be valid in the same manner and to the same extent as if the power of revocation were recited therein and the intent to revoke the former conveyance expressly declared.
C.R.S. § 38-6-122 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-122
38-6-122. Eminent domain beyond city limits
Status: in_force

38-6-122. Eminent domain beyond city limits. Cities and towns are granted the power of eminent domain both within and beyond their corporate limits, for the purpose of constructing or installing storm or sanitary sewers, septic tanks, disposal works, or electric lines, regulator stations, substations, and related facilities, such power to be exercised in the manner prescribed by law. Nothing in this section shall authorize the pollution or contamination of any public river, stream, or water.
C.R.S. § 38-1-121 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-121
38-1-121. Appraisals - negotiations
Status: in_force

38-1-121. Appraisals - negotiations. (1) As soon as a condemning authority determines that it intends to acquire an interest in property, it shall give notice of such intent, together with a description of the property interest to be acquired, to anyone having an interest of record in the property involved. If the property has an estimated value of five thousand dollars or more, such notice shall advise that the condemning authority shall pay the reasonable costs of an appraisal pursuant to subsection (2) of this section. Such notice, however, need not be given to any of such persons who cannot be found by the condemning authority upon the exercise of due diligence. Upon receipt of such notice, such persons may employ an appraiser of their choosing to appraise the property interest to be acquired. Such appraisal shall be made using sound, fair, and recognized appraisal practices which are consistent with law. The value of the land or property actually taken shall be the fair market value thereof. Within ninety days of the date of such notice, such persons may submit to the condemning authority a copy of such appraisal. The condemning authority immediately upon receipt thereof shall submit to such persons copies of its appraisals. If the property interest is being acquired in relation to a federal aid project, then the appraisals submitted by the condemning authority shall be those which have been approved by it pursuant to applicable statutes and regulations, if such approval is required. All of these appraisals may be used by the parties to negotiate in good faith for the acquisition of the property interest, but neither the condemning authority nor such persons shall be bound by such appraisals.

(2) If an appraisal is submitted to the condemning authority in accordance with the provisions of subsection (1) of this section, the condemning authority shall pay the reasonable costs of such appraisal. If more than one person is interested in the property sought to be acquired and such persons cannot agree on an appraisal to be submitted under subsection (1) of this section, the condemning authority shall be relieved of any obligation herein imposed upon it to pay for such appraisals as may be submitted to it pursuant to this section.

(3) Nothing in this section shall be construed as in any way limiting the obligation of the condemning authority to negotiate in good faith for the acquisition of any property interest sought prior to instituting eminent domain proceedings or as in any way limiting the discovery rights of parties to eminent domain proceedings.

(4) Nothing in this section shall prevent the condemning authority from complying with federal and state requirements to qualify the authority for federal aid grants.

(5) Nothing in this section shall be construed to limit the right of the condemning agency to institute eminent domain proceedings or to obtain immediate possession of property as permitted by law; except that an eminent domain proceeding may not proceed to trial on the issue of valuation until the ninety-day period provided in subsection (1) of this section has expired or the owner's appraisal has been submitted to the condemning authority, whichever is sooner.

(6) If the parties involved in the negotiations fail to reach agreement on the fair market value of the property being acquired, the condemning authority, prior to proceeding to trial on the issue of valuation, shall furnish all owners of record a written final offer.
C.R.S. § 38-36-171 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-171
38-36-171. How attachments, liens, and other rights enforced
Status: in_force

38-36-171. How attachments, liens, and other rights enforced. All attachments, liens, and rights of every description shall be enforced, continued, reduced, discharged, and dissolved by any proceeding or method sufficient and proper in law to enforce, continue, reduce, discharge, or dissolve like liens on unregistered land. All certificates, writings, or other instruments permitted or required by law to be filed or recorded to give effect to the enforcement, continuance, reduction, discharge, or dissolution of attachment, liens, or other rights upon registered land, or to give notice of such enforcement, continuance, reduction, discharge, or dissolution, shall, in the case of like attachments, liens, or other rights upon registered land, be filed with the registrar of titles and registered in the register of titles, in lieu of filing or recording.
C.R.S. § 38-12-702 — CO Code / Title 38 / Article 12 / Part 7 / Section 38-12-702
38-12-702. Limit on frequency of residential rent increases
Status: in_force

38-12-702. Limit on frequency of residential rent increases. (1) In residential tenancies, a landlord shall not increase rent more than one time in any twelve-month period of consecutive occupancy by the tenant, regardless of:

(a) Whether there is a written rental agreement for the tenancy;

(b) The length of the tenancy; and

(c) Whether the tenant's rental agreement is for a fixed tenancy, a month-to-month tenancy, or an indefinite term.
C.R.S. § 38-41-206 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-206
38-41-206. Levy on homestead - excess - costs
Status: in_force

38-41-206. Levy on homestead - excess - costs. (1) Before any creditor of the owner of the homesteaded property may proceed against said property, such creditor shall file with the county clerk and recorder of the proper county and the sheriff or other proper officer authorized to levy on said property:

(a) His affidavit showing:

(I) A description of the homesteaded property and the name of the claimant of the homestead exemption;

(II) The fair market value of said property;

(III) That the fair market value of said property less any prior liens or encumbrances thereon exceeds the amount of the homestead exemption fixed in section 38-41-201 for which the claimant qualifies; and

(IV) That no previous execution arising out of the same judgment has been levied upon said property;

(b) The affidavit of a professionally qualified independent appraiser showing the same information required by subparagraphs (I) to (III) of paragraph (a) of this subsection (1).

(2) If the amount offered at the sale of the homesteaded property does not exceed seventy percent of the fair market value shown in the affidavit of the independent appraiser filed pursuant to paragraph (b) of subsection (1) of this section, all proceedings to sell said property shall terminate. The sheriff or the proper officer shall then file for record in the office of the county clerk and recorder of the proper county an instrument releasing all levies on said property in connection with such sale, and the person instituting the proceedings shall pay the costs of such proceedings, and the title of the owner to said property shall not be impaired or affected.

(3) If the successful bidder at such sale is a judgment creditor, he shall be required to pay in cash to the sheriff or other proper officer making the sale an amount sufficient to pay the exemption plus the proper costs and expenses and shall not have the right to have such exempt amount applied toward the satisfaction of his judgment.

(4) If a sale is made, the proceeds thereof shall be applied in the following order:

(a) First, to the discharge of all prior liens and encumbrances, if any, on said property;

(b) Second, to the homestead claimant in the amount of the homestead exemption for which he qualifies;

(c) Third, to the sheriff or other proper officer making the sale in an amount sufficient to pay the proper costs and expenses of the sale;

(d) Fourth, to the satisfaction of the judgment; and

(e) Fifth, the balance, if any, to the homestead claimant.
C.R.S. § 38-29-130 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-130
38-29-130. Disposition after mortgaging
Status: in_force

38-29-130. Disposition after mortgaging. Within forty-eight hours after a mortgage on a manufactured home has been filed in his office, the authorized agent shall mail to the director the certificate of title or bill of sale on which he has affixed his certificate respecting the filing of such mortgage. Upon the receipt thereof, the director shall note, on records to be kept and maintained by him in his office, the fact of the existence of the mortgage on such manufactured home and other information respecting the date thereof, the date of filing, the amount secured by the lien thereof, the name and address of the mortgagee and of the holder of the mortgage, if such person is other than the mortgagee, and such other information relating thereto as appears in the certificate of the authorized agent affixed to the certificate of title or bill of sale. The director shall thereupon issue a new certificate of title containing, in addition to the other matters and things required to be set forth in certificates of title, a description of the mortgage and all information respecting said mortgage and the filing thereof as may appear in the certificate of the authorized agent, and he shall thereafter dispose of said new certificate of title containing said notation as provided in section 38-29-111.
C.R.S. § 38-30.5-110 — CO Code / Title 38 / Article 30.5 / Section 38-30.5-110
38-30.5-110. Other interests not impaired
Status: in_force

38-30.5-110. Other interests not impaired. No interest in real property cognizable under the statutes, common law, or custom in effect in this state prior to July 1, 1976, nor any lease or sublease thereof at any time, nor any transfer of a water right or any change of a point of diversion decreed prior to the recordation of any conservation easement in gross restricting a transfer or change shall be impaired, invalidated, or in any way adversely affected by reason of any provision of this article. No provision of this article shall be construed to mean that conservation easements in gross were not lawful estates in land prior to July 1, 1976. Nothing in this article shall be construed so as to impair the rights of a public utility, as that term is defined by section 40-1-103, C.R.S., with respect to rights-of-way, easements, or other property rights upon which facilities, plants, or systems of a public utility are located or are to be located. Any conservation easement in gross concerning water or water rights shall be subject to the "Water Right Determination and Administration Act of 1969", as amended, article 92 of title 37, C.R.S., and any decree adjudicating the water or water rights.
C.R.S. § 38-29-123 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-123
38-29-123. Assignment of a special manufactured home identification number by the departmen
Status: in_force

38-29-123. Assignment of a special manufactured home identification number by the department of revenue. The department is authorized to assign a distinguishing number to any manufactured home whenever there is no identifying number thereon or such number has been destroyed, obliterated, or mutilated. In such cases, the department shall provide a form on which the distinguishing number has been assigned to the manufactured home. The distinguishing number shall be affixed to the manufactured home in the door frame or fuse box or as determined by the department. The distinguishing number shall then be the manufactured home identification number. Such manufactured home shall be titled under such distinguishing number in lieu of the former number or absence thereof, or in the event that the manufactured home is affixed to the ground so that it is no longer capable of being drawn over the public highways, the owner shall file the form provided by the department on which the distinguishing number has been assigned with the clerk and recorder for the county or city and county in which the manufactured home is located. The clerk and recorder shall file and record such form in his or her office.
C.R.S. § 38-41-107 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-107
38-41-107. Rights of heirs
Status: in_force

38-41-107. Rights of heirs. The heirs, devisees, and assigns of the person having such title and possession shall have the same benefit of sections 38-41-101 to 38-41-106 as the person from whom the possession is derived.
C.R.S. § 38-8-112 — CO Code / Title 38 / Article 8 / Section 38-8-112
38-8-112. Uniformity of application and construction
Status: in_force

38-8-112. Uniformity of application and construction. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article.
C.R.S. § 38-12-104 — CO Code / Title 38 / Article 12 / Part 1 / Section 38-12-104
38-12-104. Return of security deposit - hazardous condition - gas appliance
Status: in_force

38-12-104. Return of security deposit - hazardous condition - gas appliance. (1) Anytime service personnel from any organization providing gas service to a residential building become aware of any hazardous condition of a gas appliance, piping, or other gas equipment, such personnel shall inform the customer of record at the affected address in writing of the hazardous condition and take any further action provided for by the policies of such personnel's employer. Such written notification shall state the potential nature of the hazard as a fire hazard or a hazard to life, health, property, or public welfare and shall explain the possible cause of the hazard.

(2) If the resident of the residential building is a tenant, such tenant shall immediately inform the landlord of the property or the landlord's agent in writing of the existence of the hazard.

(3) The landlord shall then have seventy-two hours excluding a Saturday, Sunday, or a legal holiday after the actual receipt of the written notice of the hazardous condition to have the hazardous condition repaired by a professional. "Professional" for the purposes of this section means a person authorized by the state of Colorado or by a county or municipal government through license or certificate where such government authorization is required. Where no person with such government authorization is available, and where there are no local requirements for government authorization, a person who is otherwise qualified and who possesses insurance with a minimum of one hundred thousand dollars public liability and property damage coverage shall be deemed a professional for purposes of this section. Proof of such repairs shall be forwarded to the landlord or the landlord's agent. Such proof may also be used as an affirmative defense in any action to recover the security deposit, as provided for in this section.

(4) If the landlord does not have the repairs made within seventy-two hours excluding a Saturday, Sunday, or a legal holiday, and the condition of the building remains hazardous, the tenant may opt to vacate the premises. After the tenant vacates the premises, the lease or other rental agreement between the landlord and tenant becomes null and void, all rights and future obligations between the landlord and tenant pursuant to the lease or other rental agreement terminate, and the tenant may demand the immediate return of all or any portion of the security deposit held by the landlord to which the tenant is entitled. The landlord shall have seventy-two hours following the tenant's vacation of the premises to deliver to the tenant all of, or the appropriate portion of, the security deposit plus any rent rebate owed to the tenant for rent paid by the tenant for the period of time after the tenant has vacated. If the seventy-second hour falls on a Saturday, Sunday, or legal holiday, the security deposit must be delivered by noon on the next day that is not a Saturday, Sunday, or legal holiday. The tenant shall provide the landlord with a correct forwarding address. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payments required by this section to the forwarding address of the tenant. Nothing in this section shall preclude the landlord from withholding the security deposit for nonpayment of rent or for nonpayment of utility charges, repair work, or cleaning contracted for by the tenant. If the tenant does not receive the entire security deposit or a portion of the security deposit together with a written statement listing the exact reasons for the retention of any portion of the security deposit within the time period provided for in this section, the retention of the security deposit shall be deemed willful and wrongful and, notwithstanding the provisions of section 38-12-103 (3), shall entitle the tenant to twice the amount of the security deposit and to reasonable attorney fees.
C.R.S. § 38-26-106 — CO Code / Title 38 / Article 26 / Section 38-26-106
38-26-106. Contractor executes bond - applicability
Status: in_force

38-26-106. Contractor executes bond - applicability. (1) Before entering upon the performance of any work included in the contract, a contractor shall duly execute, deliver to, and file with the board, officer, body, or person by whom the contract was awarded a good and sufficient bond or other acceptable surety approved by the contracting board, officer, body, or person, in a penal sum not less than one-half of the total amount payable under the terms of the contract; except that, for a public works contract having a total value of five hundred million dollars or more, a bond or other acceptable surety, including but not limited to a letter of credit, may be issued in a penal sum not less than one-half of the maximum amount payable under the terms of the contract in any calendar year in which the contract is performed. The contracting board, office, body, or person shall ensure that the contract requires that a bond or other acceptable surety, including but not limited to a letter of credit, be filed and current for the duration of the contract.

(2) A bond or other acceptable surety shall be duly executed by a qualified corporate surety or other qualified financial institution, conditioned upon the faithful performance of the contract, and, in addition, shall provide that, if the contractor or his or her subcontractor fails to duly pay for any labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractor or his or her subcontractor in performance of the work contracted to be done or fails to pay any person who supplies laborers, rental machinery, tools, or equipment, all amounts due as the result of the use of such laborers, machinery, tools, or equipment, in the prosecution of the work, the surety or other qualified financial institution will pay the same in an amount not exceeding the sum specified in the bond or other acceptable surety together with interest at the rate of eight percent per annum. Unless a bond or other acceptable surety is executed, delivered, and filed, no claim in favor of the contractor arising under the contract shall be audited, allowed, or paid. A certified or cashier's check or a bank money order made payable to the treasurer of the state of Colorado or to the treasurer or other officer designated by the governing body of the contracting local government may be accepted in lieu of a bond or other acceptable surety.

(3) This section applies to:

(a) A contractor who is awarded a contract for more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works for any county, city and county, municipality, school district, or other political subdivision of the state;

(b) A contractor who is awarded a contract for more than one hundred fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works for this state; and

(c) All contracts for more than one hundred fifty thousand dollars awarded by any county, city and county, municipality, school district, or other political subdivision of the state to a private entity for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works that is situated or located on publicly owned property using any public or private money or public or private financing.
C.R.S. § 38-35-125 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-125
38-35-125. Closing and settlement services - disbursement of funds
Status: in_force

38-35-125. Closing and settlement services - disbursement of funds. (1) As used in this section, unless the context otherwise requires:

(a) "Available for immediate withdrawal as a matter of right" includes funds transferred by any of the following means:

(I) Any wire transfer;

(II) Any certified check, cashier's check, teller's check, or any other instrument as defined by federal regulation CC, 12 CFR 229.10 (c).

(a.5) "Closing and settlement services" means those services which benefit the parties to the sale, lease, encumbrance, mortgage, or creation of a secured interest in and to real property and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust.

(b) "Financial institution" means an entity that is authorized under the laws of this state, another state, or the United States to make loans and receive deposits and has its deposits insured by the federal deposit insurance corporation or its successor or the national credit union share insurance fund.

(c) (Deleted by amendment, L. 2004, p. 1206, § 83, effective August 4, 2004.)

(2) No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are either: Available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited; or available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. Any such agreement shall be made with or for the benefit of the person or entity providing closing and settlement services for a real estate transaction. Notwithstanding the provisions of this subsection (2), the person or entity providing closing and settlement services may advance funds, not to exceed five hundred dollars, on behalf of interested parties for the transaction to pay incidental fees for such items as tax certificates and recording costs or to cover minor changes in the closing adjustments.

(3) The requirements of subsection (2) of this section may be waived by the seller in the real estate transaction if:

(a) It is specified as part of written closing instructions in advance of closing that the seller waives the requirements set forth in subsection (2) of this section and that the person or entity conducting the closing, unless such person or entity is the seller, is not to handle the receipt and disbursement of funds as part of the closing; and

(b) Any holder of a lien encumbering the property up to the time of closing agrees, in writing, to such waiver and further agrees, in writing, to release such lien immediately upon receipt of a check from the closing drawn in the amount of the outstanding indebtedness secured by such lien. Such an agreement shall obligate the lienholder to release such lien regardless of whether the payoff check received has been or will be honored.

(4) Any seller who so requests as part of written closing instructions in advance of closing shall be entitled to receive the proceeds of closing in a cashier's check or in funds electronically transferred to an account specified by the seller.

(5) Failure to comply with the provisions of this section shall be deemed a deceptive trade practice, as provided in section 6-1-105 (1)(v), C.R.S., and the attorney general or a district attorney may apply to the appropriate district court of this state for an order to effect the purposes of this section.
C.R.S. § 38-30-113 — CO Code / Title 38 / Article 30 / Section 38-30-113
38-30-113. Deeds - short form - acknowledgment - effect
Status: in_force

38-30-113. Deeds - short form - acknowledgment - effect. (1) (a) A deed for the conveyance of real property in substantially the following form and that includes the words "and warrant(s) the title to the same", or substantially similar language, is a warranty deed with covenants of warranty:

...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following 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..... .

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

(b) A deed for the conveyance of real property in substantially the following form and that includes the words "and warrant(s) the title to the same against all persons claiming under me", or substantially similar language, is a special warranty deed with covenants of warranty as to the grantor's period of ownership of the property:

...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances and warrant(s) the title to the same against all persons claiming under me, subject to ......................... .

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

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

(c) A deed for the conveyance of real property in substantially the following form that does not include words of warranty has the same force and effect as a bargain and sale deed at common law, but without covenants of warranty, and passes the after-acquired title of the grantor:

...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances ......................... .

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

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

(d) A deed for the conveyance of real property in substantially the following form that does not include words of warranty and with the word "quitclaim(s)" substituted for "convey(s)" is a quitclaim deed without covenants of warranty that passes no after-acquired title of the grantor:

...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and quitclaim(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances ......................... .

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

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

(2) Any deed described in subsection (1) of this section may be acknowledged in accordance with section 38-35-101 or 24-21-515. Failure to state the address or the county or state of residence of the grantor or grantee does not affect the validity of the deed.

(3) Every deed in substance, in a form described in subsection (1) of this section or in any other form permitted by Colorado law, regardless of whether the deed recites valuable consideration or whether valuable consideration has been given for the deed, when properly executed, is a conveyance to the grantee, with covenants on the part of the grantor, if any, as set forth in subsection (4) of this section. Subject to any reservations specifically set forth in a deed, the form of deed used by the grantor does not affect the absolute nature of the fee simple conveyance of the property being conveyed and is not deemed to convey any lesser estate or interest simply by virtue of the form of deed used or whether the grantor provided any warranties of title in the deed.

(4) (a) The words "warrant(s) the title" in a warranty deed as described in subsection (1)(a) or (1)(b) of this section or in a mortgage as described in section 38-30-117 mean that the grantor covenants:

(I) That, at the time of the making of the warranty deed, the grantor was lawfully seized of an indefeasible estate in fee simple in and to the property described in the deed and has good right and full power to convey the property;

(II) That the property described in the deed was free and clear from all encumbrances, except as stated in the warranty deed; and

(III) That the grantor warrants to the grantee and the grantee's heirs and assigns the quiet and peaceable possession of the property and that:

(A) With respect to a warranty deed or mortgage, the grantor will defend the title to the property against all persons who may claim the title; and

(B) With respect to a special warranty deed, the grantor will defend the title to the property against all persons who may claim the title but only as against any persons claiming to hold title by, or through, the grantor.

(b) A covenant described in subsection (4)(a) of this section is binding upon the grantor and the grantor's heirs and personal representatives as fully as if it were written at length in the warranty deed.

(5) (a) A warranty deed or special warranty deed intended to include a limitation on the warranty of title pursuant to subsection (4)(a) of this section may use the words "subject to statutory exceptions" or include a different listing or description of exceptions as the grantor and grantee may agree. The words "statutory exceptions", when used in any deed, mean that the grantee accepts title to the conveyed property subject to:

(I) Real estate taxes for the calendar year in which the conveyance occurred and subsequent years that are not yet due and payable;

(II) All matters that are disclosed or that would have been disclosed by an improvement survey plat, as defined in section 38-51-102 (9), of the conveyed property or could have been ascertained by an inspection of the conveyed property and which matters were not created or otherwise known by the grantor; and

(III) All matters recorded in the real estate records of the county clerk and recorder for the county in which the conveyed property is located.

(b) If a warranty deed or special warranty deed includes a blank after a reference to "statutory exceptions" but no additional matters are specifically listed in the blank, the blank is deemed to be deleted from the warranty deed or special warranty deed, and the title conveyed is subject only to the statutory exceptions.
C.R.S. § 38-10-124 — CO Code / Title 38 / Article 10 / Section 38-10-124
38-10-124. Credit agreements - required to be in writing
Status: in_force

38-10-124. Credit agreements - required to be in writing. (1) As used in this section, unless the context otherwise requires:

(a) "Credit agreement" means:

(I) A contract, promise, undertaking, offer, or commitment to lend, borrow, repay, or forbear repayment of money, to otherwise extend or receive credit, or to make any other financial accommodation;

(II) Any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any of the credit agreements defined in subparagraphs (I) and (III) of this paragraph (a); and

(III) Any representations and warranties made or omissions in connection with the negotiation, execution, administration, or performance of, or collection of sums due under, any of the credit agreements defined in subparagraphs (I) and (II) of this paragraph (a).

(b) "Creditor" means a financial institution which offers to extend, is asked to extend, or extends credit under a credit agreement with a debtor.

(c) "Debtor" means a person who or entity which obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor.

(d) "Financial institution" means a bank, savings and loan association, savings bank, credit union, or mortgage or finance company.

(2) Notwithstanding any statutory or case law to the contrary, including but not limited to section 38-10-112, no debtor or creditor may file or maintain an action or a claim relating to a credit agreement involving a principal amount in excess of twenty-five thousand dollars unless the credit agreement is in writing and is signed by the party against whom enforcement is sought.

(3) A credit agreement may not be implied under any circumstances, including, without limitation, from the relationship, fiduciary or otherwise, of the creditor and the debtor or from performance or partial performance by or on behalf of the creditor or debtor, or by promissory estoppel.
C.R.S. § 38-6-211 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-211
38-6-211. Jury trial - motion for new trial - appellate proceedings
Status: in_force

38-6-211. Jury trial - motion for new trial - appellate proceedings. (1) At any time prior to the date fixed for the hearing of the petition provided for in section 38-6-205, any defendant who owns or is interested in any property to be taken, appropriated, or damaged on account of the proposed improvement may file his demand, in writing, for a trial by a jury of either six or twelve freeholders to appraise and assess the damages which said defendant or person may sustain by reason of the appropriation and condemnation of, or damage to, his property. Any person so demanding a jury, at the time of said demand, shall deposit with the clerk the jury fees for one day's services according to the rate allowed jurors in the district court. The court shall fix an early date for said trial, and on such date the defendants who have made written demands for jury trial within the time provided shall proceed to submit their claims to the jury. Such jury shall be drawn as in civil actions; except that the jurors shall have the qualifications provided in this section.

(2) The court shall proceed in the same manner and with like powers as in other cases, except as otherwise provided in this part 2. At the request of any party to the proceedings, the court shall order that the jury go upon the premises sought to be taken or damaged, in charge of a sworn bailiff and in the company of any other person that the court may order, and examine the premises in person. At the conclusion of the evidence, the matters in controversy may be argued by counsel to the jury, and at the conclusion of the arguments the court shall instruct the jury in writing. The jury shall return a special verdict fixing and determining the damages or compensation to be allowed to each defendant, severally, who has demanded a jury trial, which verdict shall include the fair, actual cash market value of the land actually taken for the improvement. Any party to the proceeding may move for a new trial in the same manner as in actions at law. The refusal of said court to grant the same may be excepted to and assigned for appeal, but no appeal shall be permitted to stay the improvement sought by the proceeding.
C.R.S. § 38-33.3-113 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-113
38-33.3-113. Obligation of good faith
Status: in_force

38-33.3-113. Obligation of good faith. Every contract or duty governed by this article imposes an obligation of good faith in its performance or enforcement.
C.R.S. § 38-13-902.2 — CO Code / Title 38 / Article 13 / Part 9 / Section 38-13-902.2
38-13-902.2. Claims offset for judicial restitution, fines, fees, costs, or surcharges
Status: in_force

38-13-902.2. Claims offset for judicial restitution, fines, fees, costs, or surcharges. (1) Before paying a claim pursuant to section 38-13-905 in an amount exceeding six hundred dollars, the administrator shall offset against the amount of the claim the claimant's outstanding court fines, fees, costs, or surcharges or restitution. The administrator may enter into a memorandum of understanding with the judicial department to implement this section and sections 16-11-101.6 (6) and 16-18.5-106.7.

(2) If a claimant owes fines, fees, costs, or surcharges or restitution as described in this section and also owes current child support, child support debt, retroactive child support, child support arrearages, child support costs, or child support when combined with maintenance as described in section 38-13-902.1, delinquent state taxes, penalties, or interest as described in section 38-13-902.3, or both, the unclaimed property offsets shall be applied in accordance with the priority set forth in section 38-13-902.1 (2).
C.R.S. § 38-39-208 — CO Code / Title 38 / Article 39 / Part 2 / Section 38-39-208
38-39-208. Action within seven years when in possession
Status: in_force

38-39-208. Action within seven years when in possession. No action shall be commenced for any reason whatsoever to question or to set aside any foreclosure of any deed of trust, mortgage, or other lien, unless such action is commenced within seven years after the date of the vesting of title pursuant to such foreclosure.
C.R.S. § 38-12-210 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-210
38-12-210. Closed parks prohibited
Status: in_force

38-12-210. Closed parks prohibited. (1) Neither the owner of a mobile home park nor the owner's agent may require as a condition of tenancy in a mobile home park that a prospective home owner has purchased a mobile home from any particular seller or from any one of a particular group of sellers.

(2) Such owner or agent shall not give any special preference in renting to a prospective home owner who has purchased a mobile home from a particular seller.

(3) A seller of mobile homes shall not require as a condition of sale that a purchaser locate in a particular mobile home park or in any one of a particular group of mobile home parks.

(4) The owner or operator of a mobile home park shall treat all persons equally in renting or leasing available space. Notwithstanding the foregoing, nothing in this subsection (4) shall be construed to preclude owners and operators of mobile home parks from providing housing for older persons as defined in section 24-34-502 (7)(b), C.R.S.
C.R.S. § 38-33.3-211 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-211
38-33.3-211. Alterations of units
Status: in_force

38-33.3-211. Alterations of units. (1) Subject to the provisions of the declaration and other provisions of law, a unit owner:

(a) May make any improvements or alterations to his unit that do not impair the structural integrity, electrical systems, or mechanical systems or lessen the support of any portion of the common interest community;

(b) May not change the appearance of the common elements without permission of the association; or

(c) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity, electrical systems, or mechanical systems or lessen the support of any portion of the common interest community. Removal of partitions or creation of apertures under this paragraph (c) is not an alteration of boundaries.
C.R.S. § 38-27.5-102 — CO Code / Title 38 / Article 27.5 / Section 38-27.5-102
38-27.5-102. Definitions
Status: in_force

38-27.5-102. Definitions. As used in this article 27.5, unless the context otherwise requires:

(1) "Health-care provider" means a person licensed or certified in the state to practice medicine, pharmacy, chiropractic, nursing, physical therapy, podiatry, dentistry, optometry, occupational therapy, or other healing arts, or an entity directly employing such persons, and any other licensed health-care provider as permitted by the laws of the state.

(2) "Health-care provider lien" means a lien created by a health-care provider or its assignee related to charges for health-care services given to a person injured as a result of the negligence or wrongful acts of another person, which is asserted against money received as a result of a claim or claims that the injured person asserts against third parties or under an uninsured or underinsured motorist insurance policy.

(3) "Net judgment, settlement, or payment" means the proceeds received by an injured person on the injured person's claim or claims against third parties or under an uninsured or underinsured motorist policy, after the reduction of reasonable attorney fees and litigation expenses, if any.

(4) "Usual and customary billed charge" means a health-care provider's billed charge in the absence of insurance for a service that is similar to the billed charges for like services provided by other health-care providers in the same geographic area.
C.R.S. § 38-22-128 — CO Code / Title 38 / Article 22 / Section 38-22-128
38-22-128. Excessive amounts claimed
Status: in_force

38-22-128. Excessive amounts claimed. Any person who files a lien under this article for an amount greater than is due without a reasonable possibility that said amount claimed is due and with the knowledge that said amount claimed is greater than that amount then due, and that fact is shown in any proceeding under this article, shall forfeit all rights to such lien plus such person shall be liable to the person against whom the lien was filed in an amount equal to the costs and all attorney's fees.
C.R.S. § 38-8-103 — CO Code / Title 38 / Article 8 / Section 38-8-103
38-8-103. Insolvency
Status: in_force

38-8-103. Insolvency. (1) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.

(2) A debtor who is generally not paying his debts as they become due is presumed to be insolvent.

(3) A partnership is insolvent under subsection (1) of this section if the sum of the partnership's debts is greater than the aggregate of all of the partnership's assets, at a fair valuation, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.

(4) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.

(5) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
C.R.S. § 38-41-204 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-204
38-41-204. Surviving spouse and minor children entitled
Status: in_force

38-41-204. Surviving spouse and minor children entitled. When any person dies seized of a homestead leaving a surviving spouse or minor children, such surviving spouse or minor children are entitled to the homestead exemption. In cases where there is neither surviving spouse nor minor children, the homestead shall be liable for the debts of the deceased.
C.R.S. § 38-10-120 — CO Code / Title 38 / Article 10 / Section 38-10-120
38-10-120. Intent, question of fact - want of consideration
Status: in_force

38-10-120. Intent, question of fact - want of consideration. The question of fraudulent intent, in all cases arising under the provisions of this article, shall be deemed a question of fact and not of law; nor shall any conveyance or charge be adjudged fraudulent against creditors or purchasers solely on the ground that it was not founded on a valuable consideration.
C.R.S. § 38-13-902.3 — CO Code / Title 38 / Article 13 / Part 9 / Section 38-13-902.3
38-13-902.3. Claims offset for state tax delinquencies
Status: in_force

38-13-902.3. Claims offset for state tax delinquencies. (1) Before paying a claim pursuant to section 38-13-905 in an amount exceeding six hundred dollars, the administrator shall compare the social security number or federal employer identification number of the claimant with the numbers certified by the department of revenue for the purpose of the unclaimed property offset as provided in section 39-21-121.

(2) If the social security number or federal employer identification number of a claimant appears among the numbers certified by the department of revenue pursuant to section 39-21-121, the administrator shall suspend the payment of the claim until the requirements of section 39-21-121 are met. If, after consulting with the department, the administrator determines that the claimant is obligated to pay the amounts certified under section 39-21-121, the administrator shall withhold from the amount of the unclaimed property paid to the claimant an amount equal to the amount of delinquent state taxes, penalties, or interest. If the amount of the unclaimed property is less than or equal to the amount of delinquent state taxes, penalties, or interest, the administrator shall withhold the entire amount of the unclaimed property. The administrator shall transmit any unclaimed property so withheld to the department for disbursement as directed in section 39-21-121.

(3) If a claimant owes delinquent state taxes, penalties, or interest as described in this section and also owes current child support, child support debt, retroactive child support, child support arrearages, child support costs, or child support when combined with maintenance as described in section 38-13-902.1, restitution or fines, fees, costs, or surcharges as described in section 38-13-902.2, or both, the unclaimed property offset shall be applied in accordance with the priority set forth in section 38-13-902.1 (2).
C.R.S. § 38-30-125 — CO Code / Title 38 / Article 30 / Section 38-30-125
38-30-125. Scroll sufficient
Status: in_force

38-30-125. Scroll sufficient. Any instrument of writing to which the maker shall affix a scroll, by way of seal, shall be of the same effect and obligation to all intents as if the same were sealed.
C.R.S. § 38-20-204 — CO Code / Title 38 / Article 20 / Part 2 / Section 38-20-204
38-20-204. Agistor's lien - filing requirement
Status: in_force

38-20-204. Agistor's lien - filing requirement. An agistor's lien created pursuant to this part 2 shall be filed with the secretary of state or the county clerk where the livestock are located. The filing of an agistor's lien shall constitute notice of the contents and legal effect of the lien.
C.R.S. § 38-36-203 — CO Code / Title 38 / Article 36 / Part 2 / Section 38-36-203
38-36-203. Registration - adverse instruments
Status: in_force

38-36-203. Registration - adverse instruments. On and after August 9, 2017, and before January 1, 2020, the registrar shall only accept an adverse instrument for registration on registered land under part 1 of this article 36.
C.R.S. § 38-31-103 — CO Code / Title 38 / Article 31 / Part 1 / Section 38-31-103
38-31-103. Proof of death - certificate of death unavailable
Status: in_force

38-31-103. Proof of death - certificate of death unavailable. If a certificate of death, verification of death document, or a certified copy thereof cannot be procured, an affidavit properly sworn to or affirmed by two or more persons of legal age having personal knowledge of the facts and having no record interest in the real property affected by the joint tenancy may be placed of record in the office of the county clerk and recorder of the county in which the real property is located. The affidavit shall include a statement that a certificate of death, verification of death document, or certified copy thereof cannot be procured, and the reason therefor, the legal description of the real property, the date and place of death of the deceased person, and a statement that the person referred to in the affidavit was at the time of death an owner of a joint tenancy interest in the real property. When recorded, the original affidavit, or a certified copy thereof, shall be accepted in all courts in the state of Colorado as prima facie proof of the death of the joint tenant and the date and place of death of the joint tenant. The affidavit provided for in this section may also be used to provide proof of the death of a life tenant or any other person whose record interest in real property terminates upon the death of the person and the date and place of death of the life tenant or other person to the same extent as a joint tenant as provided in this section.
C.R.S. § 38-35.7-108 — CO Code / Title 38 / Article 35.7 / Section 38-35.7-108
38-35.7-108. Disclosure of oil and gas activity - rules
Status: in_force

38-35.7-108. Disclosure of oil and gas activity - rules. (1) (a) By January 1, 2016, the real estate commission created in section 12-10-206 shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information:

THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE.

THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.

THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.

THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION.

(b) On and after January 1, 2016, each contract of sale or seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1).

(2) The disclosure required by subsection (1) of this section does not create a duty to investigate or disclose that does not otherwise exist for the seller, a person licensed under article 10 of title 12, or a title insurance agent or company licensed under article 2 of title 10.
C.R.S. § 38-36.5-106 — CO Code / Title 38 / Article 36.5 / Section 38-36.5-106
38-36.5-106. Form for amendment
Status: in_force

38-36.5-106. Form for amendment. (1) An owner making an amendment pursuant to this article 36.5 must use a form substantially equivalent to the following form:

Amendment by Owner to Remove an Unlawful Restriction

This Amendment is recorded under the state's Uniform Unlawful Restrictions in Land Records Act, article 36.5 of title 38, Colorado Revised Statutes (the Act), by an Owner of an interest in real property subject to an unlawful restriction as defined under the Act.

(1) Name of Owner:______________________

(2) Owner's property that is subject to the unlawful restriction is described as follows:

Address:______________________

Legal Description:______________________

(3) This Amendment amends the following document:

Title of document being amended:_______________

Recording date of document being amended: ______________________

Recording information (book/page or instrument number):______________________ This Amendment removes from the document described in paragraph (3) all unlawful restrictions as defined under the Act. Removal of an unlawful restriction through this Amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under the Act at the time of filing this Amendment. This Amendment is not effective if the property is subject to a governing instrument as defined under the Act.

Owner's Signature:______________________

Date:______________________

Notary Acknowledgment:_____________________

(2) An association of owners making an amendment pursuant to this article 36.5 must use a form substantially equivalent to the following form:

Amendment by Association of Owners to Remove an Unlawful Restriction

This Amendment is recorded under the state's Uniform Unlawful Restrictions in Land Records Act, article 36.5 of title 38, Colorado Revised Statutes (the Act), by an association of owners identified in a governing instrument that contains an unlawful restriction as defined under the Act.

(1) Name of Owner:_________________

(2) Name of Association:______________________

(3) Property encumbered by a governing instrument containing the unlawful restriction is described as follows:

Legal Description:______________________

(4) This Amendment amends the following described document:

Title of document being amended:_______________

Recording date of document being amended:______________________

Recording information (book/page or instrument number):______________________ This Amendment removes from the document described in paragraph (4) all unlawful restrictions as defined under the Act. Removal of an unlawful restriction through this Amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under the Act at the time of filing this Amendment.

Association's Signature:______________________

Date:______________________

Notary Acknowledgment:_____________________
C.R.S. § 38-7.5-107 — CO Code / Title 38 / Article 7.5 / Section 38-7.5-107
38-7.5-107. Interest
Status: in_force

38-7.5-107. Interest. The petitioner shall pay interest as provided in section 38-1-116; except that no interest is 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 38-7.5-103 (2).
C.R.S. § 38-29-138 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-138
38-29-138. Fees
Status: repealed

38-29-138. Fees. (1) (a) Upon filing with the authorized agent any application for a certificate of title, the applicant shall pay to the agent a fee of seven dollars and twenty cents, which shall be disposed pursuant to section 42-6-138, C.R.S.

(b) Repealed.

(2) Upon the receipt by the authorized agent of any mortgage for filing under the provisions of section 38-29-128, the agent shall be paid such fees as are prescribed by law for the filing of like instruments in the office of the county clerk and recorder in the county or city and county in which such mortgage is filed and shall receive, in addition, a fee of seven dollars and twenty cents for the issuance or recording of the certificate of title and the notation of the existence of said mortgage.

(3) Upon application to the authorized agent to have noted on a certificate of title the extension of any mortgage therein described and noted thereon, such authorized agent shall receive a fee of one dollar and fifty cents.

(4) Upon the release and satisfaction of any mortgage and upon application to the authorized agent for the notation thereof on the certificate of title in the manner prescribed in section 38-29-131, such authorized agent shall be paid a fee of seven dollars and twenty cents, which shall be disposed pursuant to section 42-6-138, C.R.S.

(5) For the issuance of any duplicate certificate of title, except as may be otherwise provided in this article, the agent shall be paid a fee of eight dollars and twenty cents, and, in all cases in which the department assigns a new identifying number to any manufactured home, the fee charged for such assignment shall be three dollars and fifty cents.

(6) The fees provided for in subsections (1) and (2) of this section shall not apply to the issuance of a certificate of title for a tax-deferred mobile home pursuant to the provisions of section 39-3.5-105 (1)(b)(II), C.R.S.
C.R.S. § 38-29-139 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-139
38-29-139. Disposition of fees
Status: in_force

38-29-139. Disposition of fees. (1) All fees received by the authorized agent under the provisions of section 38-29-138 (1) and (2), upon application being made for a certificate of title, shall be disposed of pursuant to section 42-6-138 (1), C.R.S.

(2) All fees collected by the authorized agent under the provisions of section 38-29-138 (5) shall be disposed of pursuant to section 42-6-138 (2), C.R.S.

(3) All fees paid to the authorized agent under section 38-29-138 (3) for the filing or extension of any mortgage on a manufactured home filed in his or her office shall be kept and retained by said agent to defray the cost thereof and shall be disposed of by him or her as provided by law; except that fees for this service that may be paid to the authorized agent in the city and county of Denver shall, by such agent, be disposed of in the same manner as fees retained by him or her that were paid upon application being made for a certificate of title.
C.R.S. § 38-36-164 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-164
38-36-164. Title acquired by action registered - when certificate issues
Status: in_force

38-36-164. Title acquired by action registered - when certificate issues. Any person who has, by any action or proceeding to enforce or foreclose any mortgage, lien, or charge upon registered land, become the owner in fee of the land or any part thereof shall be entitled to have his title registered, and the registrar of titles shall, upon application therefor, enter a new certificate of title for the land, or that part thereof of which the applicant is the owner, and issue an owner's duplicate in such manner as in the case of a voluntary conveyance of registered land. No such new certificate of title shall be entered, except after the time to redeem from such foreclosure has expired and upon the filing in the office of the registrar of titles an order of the district court of the county directing the entry of such new certificates.
C.R.S. § 38-12-1301 — CO Code / Title 38 / Article 12 / Part 13 / Section 38-12-1301
38-12-1301. Definitions
Status: in_force

38-12-1301. Definitions. As used in this part 13, unless the context otherwise requires:

(1) "Accessory dwelling unit" has the meaning set forth in section 38-12-801 (7)(a).

(2) "Cause" means a circumstance described in section 38-12-1303 (2).

(3) "Dwelling unit" has the meaning set forth in section 38-12-502 (3).

(4) "Family member" has the meaning set forth in section 8-13.3-503 (11).

(5) "Landlord" means a landlord, as defined in section 38-12-502 (5); except that "landlord" does not include the management or landlord of a mobile home park, as defined in section 38-12-201.5 (3), unless:

(a) The management or landlord of a mobile home park is renting both a mobile home space, as defined in section 38-12-201.5 (6.5), and a mobile home, as defined in section 38-12-201.5 (5), to a mobile home park resident, as defined in section 38-12-201.5 (11); and

(b) The mobile home park resident is not residing in the mobile home park under a lease-to-own agreement.

(6) "No-fault eviction" means an action brought by a landlord pursuant to article 40 of title 13 for the eviction of a tenant under conditions described in section 38-12-1303 (3).

(7) "Primary residence" means the address that is listed on a tenant's or landlord's Colorado driver's license, identification card, or voter registration; used for purposes of a tenant's or landlord's payment of state or federal taxes; or used for the purpose of public school registration at the time that a valid no-fault eviction is exercised by a landlord pursuant to section 38-12-1303 (3).

(8) "Proper service" means service that complies with section 13-40-108.

(9) "Rent" means any money or other consideration paid to a landlord for the right to use, possess, and occupy a dwelling unit.

(10) "Rental agreement" has the meaning set forth in section 38-12-502 (7).

(11) "Residential premises" has the meaning set forth in section 38-12-502 (8).

(12) "Short-term rental property" means a residential premises that is leased:

(a) For less than thirty consecutive days in exchange for remuneration and for temporary, recreational, business, or transient purposes; or

(b) Pursuant to a rental agreement or other occupancy agreement if the tenant of the rental agreement or other occupancy agreement is renting the residential premises for less than six months from a landlord to which the tenant sold the residential premises.

(13) "Substantial repairs or renovations" means repairs or renovations that:

(a) Cannot be reasonably accomplished in a safe or efficient manner with the tenant in place;

(b) Are not repairs or renovations that are necessary to remedy a breach of the warranty of habitability described in section 38-12-503; and

(c) Require the tenant to vacate the residential premises for at least thirty days.

(14) "Tenant" has the meaning set forth in section 38-12-502 (9). "Tenant" does not include a home owner, as defined in section 38-12-201.5 (2).

(15) "Written notice" means written notice to vacate that:

(a) Complies with section 13-40-106; and

(b) Is provided to a tenant by a landlord or by a landlord's agent.
C.R.S. § 38-41-208 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-208
38-41-208. Survival of exemption
Status: in_force

38-41-208. Survival of exemption. (1) If the property qualifies as a homestead for a joint tenant who is the husband or wife of the other joint tenant or one of the other joint tenants, then, upon the death of either spouse, the homestead shall continue in effect on the interest in such property of the surviving spouse. If the property qualifies as a homestead for a joint tenant who is the parent of one or more of the other joint tenants who are minors, then, upon the death of such parent leaving no spouse surviving, the homestead shall continue in effect on the interest in such property of the surviving minor children.

(2) If the property qualifies as a homestead for a joint tenant who is not related to any other joint tenant as husband or wife or parent and minor child, then, upon the death of such joint tenant, his homestead shall cease and terminate, and the property shall be held by the surviving tenants free of any homestead interest of such decedent, his spouse, or his minor children.
C.R.S. § 38-22-124 — CO Code / Title 38 / Article 22 / Section 38-22-124
38-22-124. Other remedies not barred
Status: in_force

38-22-124. Other remedies not barred. No remedy given in this article shall be construed as preventing any person from enforcing any other remedy which he otherwise would have had, except as otherwise provided in this article. In case of two or more owners, contractors, or subcontractors interested in the same contract, the rule of procedure shall be the same as in the case of one such.
C.R.S. § 38-5.5-109 — CO Code / Title 38 / Article 5.5 / Section 38-5.5-109
38-5.5-109. Notice of trenching - permitted access
Status: in_force

38-5.5-109. Notice of trenching - permitted access. (1) (a) The state or a political subdivision shall provide notice on a competitively neutral basis to broadband providers of any utility trenching project that it conducts, but notice is not required for emergency repair projects. The state or political subdivision shall provide the notice a minimum of ten business days prior to the start of the project involving trenching.

(b) The department of transportation shall maintain a public list of all broadband providers that would like to receive notice of a utility trenching project and the providers' addresses on the website it maintains. To be eligible to receive notice under paragraph (a) of this subsection (1), a broadband provider must request the department of transportation to be included in the department list. A political subdivision may rely on the department list when making its notifications, and such notifications may be made by electronic mail.

(2) (a) For any trenching project conducted by the state or a political subdivision, the state or political subdivision shall allow joint trenching by broadband providers on a nonexclusive and nondiscriminatory basis for the placement of broadband facilities, except as set forth in paragraph (b) of this subsection (2). This subsection (2) does not limit the ability of the state, political subdivision, or any private entity to share the costs of construction related to the trenching project with the broadband provider.

(b) The state or a political subdivision may deny joint trenching by broadband providers if the joint trenching will hinder or obstruct highway safety or the construction, maintenance, operations, or related regulation of highway facilities or if it is not feasible because it will delay the repair or construction of a political subdivision's water, wastewater, electricity, or gas line or because collocation with a political subdivision's water, wastewater, electricity, or gas line will hinder or obstruct the maintenance or operations of a political subdivision's water, wastewater, electricity, or gas facilities.

(3) (a) Nothing in this section is intended to preempt or otherwise replace requirements for joint trenching that may be imposed by a political subdivision.

(b) Nothing in this section requires a private entity undertaking a trenching project to allow a broadband provider to participate in the trenching project.

(c) Any provision in this section that conflicts with federal law is unenforceable.

(d) Nothing in this section shall be construed to prevent or delay commencement or progress of a construction, maintenance, or trenching project.

(4) As used in this section, "trenching" means a construction project in which a highway right-of-way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure in excess of one mile in length. "Trenching" does not mean any other activity or project for the construction or maintenance, including drainage or culvert work, of a highway facility.
C.R.S. § 38-30-130 — CO Code / Title 38 / Article 30 / Section 38-30-130
38-30-130. Governor may appoint commissioners of deeds
Status: in_force

38-30-130. Governor may appoint commissioners of deeds. The governor may appoint and commission in any other state, in the District of Columbia, in each of the territories of the United States, and in any foreign country one or more commissioners, who shall keep a seal of office and continue in office during the pleasure of the governor and shall have authority to take the acknowledgment or proof of the execution of any deed or other conveyance or lease of any lands lying in this state or of any contract, letters of attorney, or any other writing under seal, or note to be used and recorded in this state, and such commissioners appointed for any foreign country shall also have authority to certify to the official character, signature, or seal of any officer within their district who is authorized to take acknowledgments or declarations under oath.
C.R.S. § 38-36-162 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-162
38-36-162. Foreclosure of mortgage
Status: in_force

38-36-162. Foreclosure of mortgage. All charges upon registered land, or any estate or interest in the same, and any right thereunder may be enforced as is permitted by law, and all laws relating to the foreclosure of mortgages shall apply to mortgages upon registered land or any estate or interest therein, except as otherwise provided in this section, and except that a notice of the pendency of any suit or of any proceeding to enforce or foreclose the mortgage or any charge shall be filed in the office of the registrar of titles, and a memorial thereof entered on the register at the time of or prior to the commencement of such suit or the beginning of any such proceeding. A notice so filed and registered shall be notice to the registrar of titles and all persons dealing with the land or any part thereof. When a mortgagee's duplicate has been issued, such duplicate shall, at the time of the registering of the notice, be presented, and a memorial of such notice shall be entered upon the mortgagee's duplicate.
C.R.S. § 38-22-130 — CO Code / Title 38 / Article 22 / Section 38-22-130
38-22-130. Payment of claims by surety
Status: in_force

38-22-130. Payment of claims by surety. (1) Subcontractors, materialmen, mechanics, and others who have claims aggregating two thousand dollars or less each on construction projects for the improvement of real property as described in section 38-22-101 (1) for which a bond was executed pursuant to section 38-22-129 shall serve upon the principal contractor and his surety an affidavit, supported by all reasonably available documentary evidence, that a claimant has furnished labor or materials used or performed in the prosecution of the work on such project, that he has been unpaid therefor, and the amount of such claim. If after forty-five days such affidavit remains uncontroverted, such surety shall pay to such claimant forthwith the full value of his claim.

(2) Service of such affidavit may be accomplished by certified or registered mail, by personal delivery to such person, or by leaving a copy at his residence or at his place of business with some person in charge.
C.R.S. § 38-29-103 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-103
38-29-103. Application
Status: in_force

38-29-103. Application. The provisions of this article shall apply to manufactured homes as defined in section 38-29-102 (6).
C.R.S. § 38-12-1405 — CO Code / Title 38 / Article 12 / Part 14 / Section 38-12-1405
38-12-1405. Recordkeeping
Status: in_force

38-12-1405. Recordkeeping. (1) For any rent-to-own contract, the seller of the mobile home shall maintain separate financial records for each rent-to-own contract.

(2) The seller of the mobile home shall provide the purchaser with either an annual accounting related to the rent-to-own contract or a disclosure that the buyer is entitled to request and receive an annual accounting of their rent-to-own contract. The accounting or the disclosure is due to the purchaser each year within ten days of the anniversary date of the rent-to-own contract. If requested, the annual accounting shall be provided within ten days upon the receipt of a request for accounting. At a minimum, any accounting provided shall disclose the total amount in purchase payments made, the total amount of the purchase price remaining to be paid, and any expenses paid by the seller during the accounting period to repair or maintain the mobile home. The accounting or the disclosure shall be provided to the purchaser in English or English and Spanish, as requested by the purchaser.
C.R.S. § 38-27-105 — CO Code / Title 38 / Article 27 / Section 38-27-105
38-27-105. Assignment of lien
Status: in_force

38-27-105. Assignment of lien. Any party claiming a lien under the provisions of this article may assign, in writing, his claim and lien to any other party, who shall thereafter have all the rights and remedies of the assignor.
C.R.S. § 38-6-111 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-111
38-6-111. Hearing - notice - publication
Status: in_force

38-6-111. Hearing - notice - publication. After the report of said commissioners is filed with the clerk of the court, the court shall fix a time for the consideration of said report, and the petitioner shall give written notice to the defendants and all other persons who are the owners of record of property mentioned in said report, whether damaged, appropriated, condemned, or assessed special benefits, of the matters contained in said report and of the time so fixed by the court for the consideration thereof. The notice shall be served in like manner as is provided by the laws of this state for the service of summons in civil actions, except as otherwise provided in this section. Said persons shall be served at least ten days before the time fixed for the consideration of the report by the court. In case any defendant or owner of record of any property damaged, appropriated, condemned, or assessed special benefits does not reside in said city or city and county or is a foreign corporation or in case the attorney for said petitioner files an affidavit that he has endeavored to find such person in said city or city and county, for the purpose of causing said person to be notified, and that after reasonable effort he has been unable to find said person in said city or city and county, the petitioner may cause to be published a notice, of the matters affecting such person contained in said report and of the time fixed for the consideration thereof, for three successive times in some daily or weekly newspaper published in said city or city and county. Said publication shall be in lieu of personal service of said notice on all such persons.
C.R.S. § 38-12-105 — CO Code / Title 38 / Article 12 / Part 1 / Section 38-12-105
38-12-105. Late fees charged to tenants and mobile home owners - maximum late fee amounts -
Status: in_force

38-12-105. Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice. (1) A landlord shall not take any of the following actions or direct any agent to take any of the following actions on the landlord's behalf:

(a) Charge a tenant or home owner a late fee unless a rent payment is late by at least seven calendar days;

(b) Charge a tenant or home owner a late fee in an amount that exceeds the greater of:

(I) Fifty dollars; or

(II) Five percent of the amount of the past due rent payment;

(c) Require a tenant or home owner to pay a late fee unless the late fee is disclosed in the rental agreement;

(d) Remove or exclude a tenant from a dwelling or initiate a court process for the removal or exclusion of a tenant from a dwelling because the tenant fails to pay one or more late fees to the landlord;

(e) Terminate a tenancy or other estate at will or a lease in a mobile home park because a tenant or home owner fails to pay one or more late fees to the landlord;

(f) Impose a late fee on a tenant or home owner for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant or home owner, is responsible for paying;

(g) Impose a late fee more than once for each late payment, except that a landlord may impose a late fee more than once for a late payment if the total amount of such late fees does not exceed the amount described in subsection (1)(b) of this section;

(h) Require a tenant or home owner to pay any amount of interest on a late fee;

(i) Recoup any amount of a late fee from a rent payment made to the landlord by a tenant or home owner; or

(j) Charge a tenant or home owner a late fee unless the landlord provided the tenant or home owner written notice of the late fee within one hundred eighty days after the date upon which the rent payment was due.

(2) A provision of a lease of a landlord or person acting on behalf of a landlord that does not comply with the provisions of subsection (1) of this section is void and unenforceable. A tenant who is aggrieved by an action taken by a landlord or person acting on behalf of the landlord in violation of subsection (1) of this section may bring an action for injunctive relief pursuant to subsection (5) of this section.

(3) A landlord who violates subsection (1) of this section shall pay to an aggrieved tenant or home owner a penalty in the amount of fifty dollars for each violation.

(4) Except as described in subsection (3) of this section, and notwithstanding any other provision of this section to the contrary, a landlord who violates subsection (1) of this section has seven days to cure the violation, which seven days begins when the landlord receives written or electronic notice of the violation.

(5) If a landlord violates subsection (1) of this section and fails to timely cure the violation as described in subsection (4) of this section, a tenant or home owner may bring a civil action to seek one or more of the following remedies:

(a) Compensatory damages for injury or loss suffered;

(b) A penalty of at least one hundred fifty dollars but not more than one thousand dollars for each violation, payable to the tenant or home owner;

(c) Costs, including reasonable attorney fees to the prevailing party; and

(d) Other equitable relief the court finds appropriate.

(6) A tenant or home owner may raise an alleged violation of this section as an affirmative defense in a forcible entry and detainer proceeding.

(7) A late fee is distinct from rent, and a rental agreement may not classify a late fee as rent for the purposes of section 13-40-104 (1)(d).
C.R.S. § 38-29-209 — CO Code / Title 38 / Article 29 / Part 2 / Section 38-29-209
38-29-209. Fees - disposition
Status: in_force

38-29-209. Fees - disposition. (1) In all instances in which a document is to be filed and recorded pursuant to this part 2, the authorized agent or clerk and recorder, as the case may be, shall be paid such fees for each document so filed and recorded as are prescribed by law for the filing of like instruments in the office of the county clerk and recorder.

(2) The recording fees authorized by this section are in addition to any fees that are required pursuant to section 38-29-138.

(3) All fees paid pursuant to this section shall be kept and retained by the authorized agent or the clerk and recorder to defray the cost thereof and shall be disposed of by him or her as provided by law.
C.R.S. § 38-10-101 — CO Code / Title 38 / Article 10 / Section 38-10-101
38-10-101. Conveyances to defraud
Status: in_force

38-10-101. Conveyances to defraud. Every conveyance of any estate or interest in the lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, as against such purchasers, shall be void.
C.R.S. § 38-33-101 — CO Code / Title 38 / Article 33 / Section 38-33-101
38-33-101. Short title
Status: in_force

38-33-101. Short title. This article shall be known and may be cited as the "Condominium Ownership Act".
C.R.S. § 38-41-111 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-111
38-41-111. When action will not lie against person in possession
Status: in_force

38-41-111. When action will not lie against person in possession. (1) No action shall be commenced or maintained against a person in possession of real property to question or attack the validity of or to set aside, upon any ground or for any reason whatsoever any final decree or final order of any court of record in this state or any instrument of conveyance, deed, certificate of sale, or release executed by any private trustee, successor in trust, public trustee, sheriff, marshal, county treasurer, or any public official whatsoever, whether named in this section or not, or officer or any appointee of any court when such document is the source of or in aid of or in explanation of the title or chain of title or right of the party in possession or any of his predecessors or grantors insofar as the same may affect the title or explain any matter connected with the title in reference to said real property if such document has been recorded and has remained of record in the office of the county clerk and recorder of the county where said real property is situated for a period of seven years. All defects, irregularities, want of service, defective service, lack of jurisdiction, or other grounds of invalidity, nullity, or causes or reasons whereby or wherefore any such document might be set aside or rendered inoperative must be raised in a suit commenced within said seven-year period and not thereafter.

(2) This section shall not apply to any of the following cases:

(a) Forged documents;

(b) During the pendency of an action, commenced prior to the expiration of said seven-year period, to set aside, modify, or annul or otherwise affect such document, and notice of such action has been filed as provided by law;

(c) When such document has been, by proper order or decree of competent court, avoided, annulled, or rendered inoperative;

(d) Where the party, or his predecessor, who brings the action to question, to attack, or to set aside the validity of such documents, has been deprived of possession within two years of the commencement of said action.
C.R.S. § 38-25-105 — CO Code / Title 38 / Article 25 / Section 38-25-105
38-25-105. Fees
Status: in_force

38-25-105. Fees. (1) (a) A fee shall be charged for filing or recording and indexing each notice of lien or certificate or notice affecting the lien:

(I) For a lien on real estate;

(II) For a lien on tangible and intangible personal property;

(III) For a certificate of discharge or subordination;

(IV) For all other notices, including a certificate of release or nonattachment.

(b) [Editor's note: This version of subsection (1)(b) is effective until July 1, 2025.] The fee charged by a county clerk and recorder for filing and indexing each notice of lien or certificate or notice affecting the lien shall be five dollars.

(b) [Editor's note: This version of subsection (1)(b) is effective July 1, 2025.] The fee charged by a county clerk and recorder for filing and indexing each notice of lien or certificate or notice affecting the lien is the fee specified in section 30-1-103 (1).

(c) When the filing officer is the secretary of state, the fees required by this subsection (1) shall be determined and collected pursuant to section 24-21-104 (3), C.R.S.

(2) The filing officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them.
C.R.S. § 38-51-110 — CO Code / Title 38 / Article 51 / Section 38-51-110
38-51-110. Violations
Status: in_force

38-51-110. Violations. (1) It is the responsibility of the district attorneys of this state to prosecute any person suspected of willfully and knowingly violating this article.

(2) Any person, including the responsible official of any agency of state, county, or local government, who willfully and knowingly violates this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred fifty dollars or more than one thousand five hundred dollars.

(3) (a) The board may revoke the licensure of any professional land surveyor convicted under the provisions of this article.

(b) Any person whose licensure is revoked pursuant to paragraph (a) of this subsection (3) shall be entitled to a hearing on such revocation pursuant to article 4 of title 24, C.R.S., and may appeal any decision of the board to a court of competent jurisdiction.
C.R.S. § 38-23-103 — CO Code / Title 38 / Article 23 / Section 38-23-103
38-23-103. Lien of co-owner against delinquent
Status: in_force

38-23-103. Lien of co-owner against delinquent. The co-owners of any such ditch who clean and repair the same, as specified in section 38-23-102, shall have a lien upon the interest in such ditch owned by such delinquent co-owner for his proportion of such cost and expenses.
C.R.S. § 38-10-111.5 — CO Code / Title 38 / Article 10 / Section 38-10-111.5
38-10-111.5. Trusts to establish or maintain eligibility for certain public assistance void -
Status: in_force

38-10-111.5. Trusts to establish or maintain eligibility for certain public assistance void - exceptions. Any trust established by or for a person that consists of the person's individual assets, income, or property of any kind is void for the purpose of establishing or maintaining eligibility for any public assistance as provided by article 2 of title 26, child care assistance as provided by part 1 of article 4 of title 26.5, or medical assistance as provided by articles 4, 5, and 6 of title 25.5, unless the trust is established in accordance with the provisions of sections 15-14-412.6 to 15-14-412.9.
C.R.S. § 38-7.5-104 — CO Code / Title 38 / Article 7.5 / Section 38-7.5-104
38-7.5-104. Withdrawals from deposit
Status: in_force

38-7.5-104. Withdrawals from deposit. (1) Upon proper application to the court or by stipulation between the parties, the respondent may withdraw from the sum deposited pursuant to section 38-7.5-103 (2) an amount not to exceed three-fourths of the highest valuation evidenced by testimony presented by the petitioner to the commissioners unless the petitioner agrees to a larger withdrawal. All parties interested in the property sought to be acquired are required to consent and agree to any larger withdrawal.

(2) Any withdrawal of a deposit is a partial payment of the amount of total compensation to be paid and must be deducted by the clerk of the court from any award or verdict entered thereafter.

(3) Any party making a withdrawal of a deposit shall refund to the clerk of the court, upon the entry of a proper court order, any portion of the amount so withdrawn which exceeds the amount finally ascertained in the proceeding to be just compensation or damages, costs, or expenses owing to the party.
C.R.S. § 38-27.5-107 — CO Code / Title 38 / Article 27.5 / Section 38-27.5-107
38-27.5-107. Dispute resolution - standing
Status: in_force

38-27.5-107. Dispute resolution - standing. A person or entity against whom the injured person asserts a civil action or claim that includes a request for damages related to health-care services or treatment provided under a health-care provider lien does not have standing to challenge a health-care provider's or its assignee's compliance with this article 27.5, whether in the civil action or claim asserted by the injured person or in a separate civil action.
C.R.S. § 38-39-109 — CO Code / Title 38 / Article 39 / Part 1 / Section 38-39-109
38-39-109. When release of deed of trust is recorded
Status: in_force

38-39-109. When release of deed of trust is recorded. (1) (a) Except as provided in paragraph (b) of this subsection (1), when a release of a deed of trust is presented to the county clerk and recorder for recording, the county clerk and recorder shall return the original release of a deed of trust to the original grantor, assuming party, or current owner using the current address for the original grantor, assuming party, or current owner provided to the public trustee pursuant to section 38-39-102 (1)(a)(IV), (3)(a)(II), (3)(b)(II), or (3)(c)(II).

(b) The county clerk and recorder shall not be required to return the original release of a deed of trust as specified in paragraph (a) of this subsection (1) if the public trustee, in his or her discretion, has released the deed of trust as specified in section 38-39-102 (1)(a)(IV), if a current address is not provided as specified in section 38-39-102 (9)(b), or if the release of deed of trust is electronically recorded.

(2) If the original release is returned to the county clerk and recorder as undeliverable or unable to forward, the county clerk and recorder shall maintain the original release pursuant to the policy of the office of the clerk and recorder.

(3) Any original grantor, assuming party, or current owner seeking a copy of a release of a deed of trust after recording shall be subject to appropriate copy fees pursuant to section 30-1-103, C.R.S.
C.R.S. § 38-36-152 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-152
38-36-152. Title not divested - interests less than freehold
Status: in_force

38-36-152. Title not divested - interests less than freehold. (1) No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple of said land or some part thereof from the owner or one of the registered owners. All interest in the registered land less than a freehold estate shall be registered by filing with the registrar of titles the instruments creating, transferring, or claiming such interest, and by a brief memorandum or memorial thereof made by a registrar of titles upon the certificate of title, and signed by him. A similar memorandum or memorial shall also be made on the owner's duplicate.

(2) The cancellation or extinguishment of such interests shall be registered in the same manner. When any party in interest does not agree as to the proper memorial to be made upon the filing of any instrument presented for registration, or where the registrar of titles is in doubt as to the form of such memorial, the question shall be referred to the court for decision, either on the certificate of the registrar of titles or upon the demand in writing of any party in interest.

(3) The registrar of titles shall bring before the court all the papers and evidence which may be necessary for the determination of the question by the court. The court, after notice to all parties in interest and a hearing, shall enter an order prescribing the form of the memorial, and the registrar of titles shall make registration in accordance therewith.
C.R.S. § 38-26-104 — CO Code / Title 38 / Article 26 / Section 38-26-104
38-26-104. Contractor furnished copy - undisputed accounts - condition
Status: in_force

38-26-104. Contractor furnished copy - undisputed accounts - condition. Whenever any verified account mentioned in section 38-26-103 is placed in the hands of any railroad, reservoir, or irrigating canal company, or its agent, it is the duty of such company to furnish the contractor with a copy of such verified account so that if there is any disagreement between the debtor and creditor as to the amount due the same may be amicably adjusted. If the contractor or subcontractor, if he is the debtor, does not give, within ten days after the receipt of such amount, the same railroad, reservoir, or irrigating canal company, or its agent, written notice that the claim is disputed, he shall be considered as assenting to its payment and the railroad, reservoir, or irrigating canal company, or its agent, shall be justified in paying the same when due and charging the same to the contractor. The person to whom any such debt is due and who delivers a verified account thereof as provided may recover the amount thereof in an action at law to the extent of any balance due by the railroad, reservoir, or irrigating canal company to the contractor at or after the time of delivering the verified account. Nothing in this section or in section 38-26-103 shall interfere with the right of action upon bonds provided for in section 38-26-102 or against the railroad, reservoir, or irrigating canal company for the full amount of any such debt in case of a failure of the company to take a bond.
C.R.S. § 38-8-111 — CO Code / Title 38 / Article 8 / Section 38-8-111
38-8-111. Supplementary provisions
Status: in_force

38-8-111. Supplementary provisions. Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this article.
C.R.S. § 38-6-203 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-203
38-6-203. Condemnation - municipal - water supplies - standards and procedures for evaluat
Status: in_force

38-6-203. Condemnation - municipal - water supplies - standards and procedures for evaluations. (1) Prior to any hearing for condemnation of water supplies and structures under this part 2, the municipality shall:

(a) Prepare or update a community growth development plan reflecting present population and resources uses and capabilities and projected population growth and resources requirements, the latter to include all resources requirements to provide for phased development of municipal services and facilities;

(b) Prepare a detailed statement describing:

(I) The water rights to be acquired under condemnation and their present uses;

(II) The effects upon the county and suitable area within the river drainage basin or basins from the change or conversion of acquired irrigation and other water supplies to domestic uses, to include economic and environmental effects;

(III) The unavoidable adverse and irreversible effects from such taking of properties and rights; and

(IV) Alternative sources of water supply that may be acquired by appropriation, purchase, lease, conservation, or condemnation and relative acquisitions costs.

(2) The information contained in the growth development plan and statement of effects from the condemnation shall be prepared in sufficient detail to provide a meaningful basis for assessment of the aspects of the condemnation to the public if the condemnation is approved. These statements shall be presented to the commissioners appointed by the court and the defendants and shall be made available to interested parties.
C.R.S. § 38-33.3-204 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-204
38-33.3-204. Description of units
Status: in_force

38-33.3-204. Description of units. A description of a unit may set forth the name of the common interest community, the recording data for the declaration, the county in which the common interest community is located, and the identifying number of the unit. Such description is a legally sufficient description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws. It shall not be necessary to use the term "unit" as a part of a legally sufficient description of a unit.
C.R.S. § 38-12-212.7 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-212.7
38-12-212.7. Landlord utilities account
Status: in_force

38-12-212.7. Landlord utilities account. (1) Whenever a landlord contracts with a utility for service to be provided to a resident, the usage of which is to be measured by a master meter or other composite measurement device, such landlord shall remit to the utility all moneys collected from each resident as payment for the resident's share of the charges for such utility service within forty-five days of the landlord's receipt of payment.

(2) If a landlord fails to timely remit utility moneys collected from residents as required by subsection (1) of this section, such utility may, after written demand therefor is served upon the landlord, require the landlord to deposit an amount equal to the average daily charge for the usage of such utility service for the preceding twelve months multiplied by the sum of ninety.

(3) Any utility which prevails in an action brought to enforce the provisions of this section shall be entitled to an award of its reasonable attorney fees and court costs.
C.R.S. § 38-13-901 — CO Code / Title 38 / Article 13 / Part 9 / Section 38-13-901
38-13-901. Claim of another state to recover property
Status: in_force

38-13-901. Claim of another state to recover property. (1) If the administrator knows that property held by the administrator under this article 13 is subject to a superior claim of another state, the administrator shall:

(a) Report and pay or deliver the property to the other state; or

(b) Return the property to the holder so that the holder may pay or deliver the property to the other state.

(2) The administrator is not required to enter into an agreement to transfer property to the other state under subsection (1) of this section.
C.R.S. § 38-20-111 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-111
38-20-111. Lienor may purchase
Status: in_force

38-20-111. Lienor may purchase. At such sale the person to whom such lien is given may become the purchaser.
C.R.S. § 38-10-103 — CO Code / Title 38 / Article 10 / Section 38-10-103
38-10-103. Conveyance determinable at will of grantor void
Status: reserved

38-10-103. Conveyance determinable at will of grantor void. Every conveyance or charge of or upon any estate or interest in lands containing any provision for the revocation, determination, or alteration of such estate or interest, or any part thereof, at the will of the grantor shall be void as against subsequent purchasers from such grantor, for a valuable consideration, of any estate or interest so liable to be revoked, determined, or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge.
C.R.S. § 38-22-122 — CO Code / Title 38 / Article 22 / Section 38-22-122
38-22-122. Lien under two contracts - effect
Status: in_force

38-22-122. Lien under two contracts - effect. In case the act of doing such work or of furnishing such laborers or materials is continuous, said lien shall attach as in other cases, even though such work is done or laborers or materials have been furnished under two or more contracts between the same parties.
C.R.S. § 38-20-107 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-107
38-20-107. Commencement of foreclosure action
Status: in_force

38-20-107. Commencement of foreclosure action. (1) If any such charges for which a lien is given by section 38-20-102, 38-20-105, 38-20-106, or 38-20-106.2 or for which a lien is restored by section 38-20-106.5 are not paid within thirty days after the same become due and payable, the mechanic, innkeeper, or other person to whom such lien is given may file a foreclosure action in the county or district court of the county or city and county in which the contract or agreement between the lienholder and the owner of the property was signed or entered into, in which the owner resided at the time the contract or agreement was entered into, in which the owner resides at the time the foreclosure action is commenced or in which the work was performed, or, in the case of a lien created pursuant to section 38-20-106.2, in which any work was performed or materials were furnished. In the event that the lienholder does not foreclose the lien by commencing a judicial action within sixty days and if, under section 38-20-106, within ninety days after charges become due and payable, the lien shall terminate. However, such period of limitation may be extended by agreement between the parties for an additional period not to exceed thirty days. For the purposes of this subsection (1), if the contract between the owner and the lienholder provides for installment or continuing payments, installments or continuing payments shall be deemed to be due after default of any installment or payment or at the time the final installment or payment is due and payable at the option of the lienholder.

(2) If the lienholder sells or otherwise disposes of the property of the owner without substantially complying with this article, the owner is entitled to recover from the lienholder the value of the property, but in no event less than one hundred dollars, and reasonable attorney fees.

(3) Nothing in this article shall require a lienholder to commence a judicial action to foreclose his lien if the property held is abandoned as defined in section 38-20-116.
C.R.S. § 38-25.5-103.5 — CO Code / Title 38 / Article 25.5 / Section 38-25.5-103.5
38-25.5-103.5. Notification requirements - tax delinquency notification fund - creation - immun
Status: in_force

38-25.5-103.5. Notification requirements - tax delinquency notification fund - creation - immunity. (1) The department of revenue shall provide information to any lending institution that is an authorized person regarding the delinquent payment of sales and use tax, withholding tax, special fuels tax, gas tax, or aviation fuel tax by a borrower of funds from such institution provided such delinquency is in distraint warrant stage. The department shall honor any request made by a lending institution that is an authorized person to the extent set forth in the written authorization. Such provision of information shall be made in accordance with rules promulgated by the department, which shall include the following:

(a) The procedures pursuant to which lending institutions may request notification under this section, when such notification will be provided by the department, and the manner in which such information shall be provided;

(b) The amount of the filing fee needed to cover programming and other administrative costs, which may be adjusted periodically by the department and not necessarily at the beginning of the year;

(c) The level, type, or degree of delinquency subject to the disclosure provided by this section;

(d) Any other information needed for the implementation of this section.

(2) The level, type, or degree of delinquency subject to the disclosure provided by this section shall be set by the department of revenue.

(3) The department shall transmit any filing fees collected pursuant to this section to the state treasurer, who shall deposit such fees in the state treasury in the tax delinquency notification fund, which fund is hereby created. Moneys so deposited and all interest earned on such moneys shall be retained in the fund.
C.R.S. § 38-30-118 — CO Code / Title 38 / Article 30 / Section 38-30-118
38-30-118. Seal not necessary
Status: in_force

38-30-118. Seal not necessary. It is not necessary to the proper execution of any conveyance affecting real property that the same be executed under the seal of the grantor, nor that any seal or scroll or other mark be set opposite the name of the grantor.
C.R.S. § 38-29-205 — CO Code / Title 38 / Article 29 / Part 2 / Section 38-29-205
38-29-205. Authorized agent - forward to the clerk and recorder
Status: in_force

38-29-205. Authorized agent - forward to the clerk and recorder. If an authorized agent who receives a document for filing and recording pursuant to this part 2 is not the clerk and recorder for the county or city and county, the authorized agent shall forward such document to the clerk and recorder, for the clerk and recorder to file and record the document in his or her office.
C.R.S. § 38-36-176 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-176
38-36-176. Petition and order for new certificate after redemption period
Status: in_force

38-36-176. Petition and order for new certificate after redemption period. Whenever registered land is sold, and the same is by law subject to redemption by the owner or any other person, the purchaser is not entitled to have a new certificate of title entered until the time within which the land may be redeemed has expired. At any time after the time to redeem has expired, the purchaser may petition the court for an order directing the entry of a new certificate of title to him, and the court shall, after such notice as it may order and hearing, grant and make an order directing the entry of such new certificate of title.
C.R.S. § 38-35-120 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-120
38-35-120. Record of first and last parcels includes intervening parcels
Status: in_force

38-35-120. Record of first and last parcels includes intervening parcels. All instruments wherein the parcels of property affected are not separately enumerated or listed but are described as being from one numbered, lettered, or designated parcel to another shall be construed as including the first and last designated parcels and also the intervening parcels unless a contrary intention is expressly and clearly set forth in the instrument.
C.R.S. § 38-35-122 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-122
38-35-122. Inclusion of street address and assessor information with legal description - ef
Status: in_force

38-35-122. Inclusion of street address and assessor information with legal description - effect - validity of recording - interests in property - legislative declaration. (1) (a) All documents of title relating to real property, including instruments creating a lien on real property, except mechanics' liens and judgment liens, shall include as an aid to identification, immediately preceding or following the legal description of the property, the street address or comparable identifying numbers, if such address or numbers are displayed on the property or any building thereon.

(b) Preparers of conveyance documents may include as an aid to identification, immediately preceding or following the legal description of the property, the assessor's schedule number or parcel number.

(2) Should any variance or ambiguity result from the inclusion of a street address, identifying number, or assessor's schedule number or parcel number on a document, the legal description of the property shall govern.

(3) The fact that a document of title does not contain an address, identifying number, or assessor's schedule number or parcel number shall not render the document ineffective nor render title unmarketable if the legal description appears therein.

(3.5) Legislative declaration. (a) The general assembly finds, determines, and declares that in In re Rivera, 2012 CO 43 (also referred to as Sender v. Cygan), the Colorado supreme court held that a recorded deed of trust that completely omits a legal description is defectively recorded and cannot provide constructive notice to a subsequent purchaser of another party's security interest in the property.

(b) By enacting House Bill 13-1307, enacted in 2013, it is the intent of the general assembly to clarify, for parties that currently have an interest in real property or that will acquire an interest in real property in the future, that, notwithstanding the holdings and conclusions in In re Rivera, the fact that a recorded document omits a legal description is not, by itself and without regard to the totality of the circumstances, determinative of whether the document:

(I) Is valid against any person obtaining rights in the real property; or

(II) Is valid or invalid.

(4) The fact that a document purporting to affect title to real property, whether recorded before or after August 7, 2013, does not contain or include a legal description of the real property may, in the totality of the circumstances, but does not necessarily:

(a) Render defective, invalid, or void the recording of the document in the office of the county clerk and recorder of the county where the real property is situated; or

(b) Determine whether the document is valid against a person obtaining rights in the real property.

(5) The fact that a document purporting to affect title to real property, whether executed before or after August 7, 2013, does not contain or include a legal description of the real property may, in the totality of the circumstances, but does not necessarily, determine whether the document is valid or invalid.
C.R.S. § 38-39-207 — CO Code / Title 38 / Article 39 / Part 2 / Section 38-39-207
38-39-207. Lien extinguished when action barred
Status: in_force

38-39-207. Lien extinguished when action barred. The lien created by any instrument shall be extinguished, regardless of any other provision in this article to the contrary, at the same time that the right to commence a suit to enforce payment of the indebtedness or performance of the obligation secured by the lien is barred by any statute of limitation of this state.
C.R.S. § 38-30-173 — CO Code / Title 38 / Article 30 / Section 38-30-173
38-30-173. Survival of remedies and title to corporate property after dissolution - nonprof
Status: in_force

38-30-173. Survival of remedies and title to corporate property after dissolution - nonprofit corporations. (1) This section shall apply to nonprofit corporations that were dissolved before July 1, 1998, and either formed under articles 20 to 29 of title 7, C.R.S., or elected or could have elected to accept such articles as set forth in articles 20 to 29 of title 7, C.R.S.; except that this section shall not apply to any corporation that was dissolved by operation of law before July 1, 1998, as a consequence of the suspension of such corporation and was eligible for reinstatement or restoration, renewal, and revival on June 30, 1998.

(2) The dissolution of a corporation shall not eliminate or impair any remedy available to or against the corporation or its directors, officers, or members for any right or claim existing on dissolution or any liability incurred prior to such dissolution if an action or other proceeding is commenced within two years after the date of the dissolution; except that this subsection (2) shall not apply to any action affecting the title to real estate. Any action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The members, directors, and officers of the corporation shall have the power to take such corporate and other action as shall be necessary or appropriate to effect any remedy available to the corporation, or defend any action or proceeding against the corporation.

(3) (a) After dissolution of the corporation, title to any property of the corporation not previously distributed or disposed of by the corporation shall remain in the corporation. The majority of the surviving members of the last acting board of directors as named in the files of the secretary of state shall have the power and ability to:

(I) Sue and be sued in the corporate name, and, for purposes of suit against such corporation, each director is an agent for service of process; and

(II) Act on behalf of and in the name of such corporation to convey and dispose of any corporate property not distributed or disposed of in the dissolution.

(b) Final disposition of such property shall be made by the majority of the surviving directors in the manner provided by law at the time of the dissolution of the corporation. On the date of the death of the last survivor of the directors, the public trustee of the county in which the property owned by such corporation is situated shall have the power and authority to act on behalf of and in the name of such corporation to convey and dispose of the property.
C.R.S. § 38-36-186 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-186
38-36-186. Fees paid registrar upon registration - disposition
Status: in_force

38-36-186. Fees paid registrar upon registration - disposition. (1) Upon the original registration of land under this article, and also upon the entry of a certificate showing title as registered owners in heirs or devisees, there shall be paid to the registrar of titles one-tenth of one percent of the valuation for assessment of the real estate on the basis of the last assessment for general taxation, as an assurance fund.

(2) All sums of money received by the registrar, as provided for in subsection (1) of this section, shall be forthwith paid by the registrar to the county treasurer of the county in which the land lies for the purpose of an assurance fund under the terms of this article. It is the duty of the county treasurer, whenever the amount on hand in said assurance fund is sufficient, to invest the same, principal and income, and report annually to the district court the condition and income thereof. No investment of the funds, or any part thereof, shall be made without the approval of said court by order entered of record. Said fund shall be invested only in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S.
C.R.S. § 38-30-106 — CO Code / Title 38 / Article 30 / Section 38-30-106
38-30-106. Tenant in fee tail takes in fee simple
Status: in_force

38-30-106. Tenant in fee tail takes in fee simple. In cases where, by the common law, any person may be or become seized in fee tail of any lands, tenements, or hereditaments by virtue of any devise or conveyance, or by any other means whatsoever, such person, instead of becoming seized in fee tail thereof, shall be deemed and adjudged to be seized of such lands, tenements, and hereditaments in fee simple.
C.R.S. § 38-12-200.1 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-200.1
38-12-200.1. Short title
Status: in_force

38-12-200.1. Short title. This part 2 shall be known and may be cited as the "Mobile Home Park Act".
C.R.S. § 38-53-104 — CO Code / Title 38 / Article 53 / Section 38-53-104
38-53-104. Submission of monument record required
Status: in_force

38-53-104. Submission of monument record required. (1) (a) If a professional land surveyor conducts a survey that uses any monument representing a public land survey monument location, quarter section corner, sixteenth section corner, government land office or bureau of land management (government) lot corner as defined by the nomenclature of the United States public land survey system, or any United States geological survey or United States coast and geodetic survey (also known as the national ocean service/national geodetic survey) monument as a control corner, the professional land surveyor shall submit a monument record describing such monument with the board if the monument and its accessories are not substantially described in an existing monument record previously submitted pursuant to this section or its predecessor.

(b) If a professional land surveyor establishes, restores, or rehabilitates any public land survey monument corner location or section corner, quarter section corner, or sixteenth section corner as defined by the nomenclature of the United States public land survey system, the professional land surveyor shall submit a monument record.

(c) Any monument record submitted pursuant to this section must describe at least two accessories or reference points.

(2) A professional land surveyor shall submit a monument record within six months after the date on which the monument was used as control or was established, restored, or rehabilitated.
C.R.S. § 38-22-119 — CO Code / Title 38 / Article 22 / Section 38-22-119
38-22-119. Agreement to waive - effect
Status: in_force

38-22-119. Agreement to waive - effect. (1) No agreement to waive, abandon, or refrain from enforcing any lien provided for by this article shall be binding except as between the parties to such contract. The provisions of this article shall receive a liberal construction in all cases.

(2) An agreement to waive lien rights shall contain a statement, by the person waiving lien rights, providing in substance that all debts owed to any third party by the person waiving the lien rights and relating to the goods or services covered by the waiver of lien rights have been paid or will be timely paid.
C.R.S. § 38-23-109 — CO Code / Title 38 / Article 23 / Section 38-23-109
38-23-109. Costs
Status: in_force

38-23-109. Costs. The plaintiff if successful shall also recover all other costs and expenses incurred in claiming and enforcing his lien.
C.R.S. § 38-13-1401 — CO Code / Title 38 / Article 13 / Part 14 / Section 38-13-1401
38-13-1401. Definitions - applicability
Status: in_force

38-13-1401. Definitions - applicability. (1) In this part 14, "personal information" means:

(a) Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:

(I) Social security number or other government-issued number or identifier;

(II) Date of birth;

(III) Home or physical address;

(IV) Electronic-mail address or other online contact information or internet provider address;

(V) Financial account number or credit or debit card number;

(VI) Biometric data, health or medical data, or insurance information; or

(VII) Passwords or other credentials that permit access to an online or other account;

(b) Personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and

(c) Any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data or is lost or misused, would require notice or reporting under applicable federal and state privacy and data security law, whether or not the administrator or the administrator's agent is subject to the law.

(2) Provisions of this part 14 applicable to the administrator or the administrator's records apply to an administrator's agent.
C.R.S. § 38-24.7-104 — CO Code / Title 38 / Article 24.7 / Section 38-24.7-104
38-24.7-104. Priority
Status: in_force

38-24.7-104. Priority. The lien for taxes for the delivery of transportation fuel specified in section 38-24.7-102 is not prior to and does not take precedence over any mortgage, encumbrance, security interest, or other valid lien upon the assets and property of the retailer or other commercial user, including the stock in trade, business fixtures, and equipment owned or used by the retailer or other commercial user in the conduct of the retailer's or other commercial user's business if the other mortgage, encumbrance, security interest, or valid lien attached or was filed prior to the filing of a lien under this article.
C.R.S. § 38-13-212 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-212
38-13-212. Deposit account for insurance policy or annuity contract
Status: in_force

38-13-212. Deposit account for insurance policy or annuity contract. If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check- or draft-writing privileges for the beneficiary of the policy or contract and, under a supplementary contract not involving annuity benefits other than death benefits, the proceeds are retained by the insurance company or the financial organization where the account is held, the policy or contract includes the assets in the account.
C.R.S. § 38-12-202 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-202
38-12-202. Tenancy - notice to terminate tenancy
Status: repealed

38-12-202. Tenancy - notice to terminate tenancy. (1) (a) Tenancy or other lease or rental occupancy of space in a mobile home park may not commence without a written lease or rental agreement, and tenancy in a mobile home park shall not be terminated until a notice to terminate tenancy or notice of nonpayment of rent has been served. A notice to terminate tenancy must be in writing and include a description of the property. The property description is legally sufficient if it states:

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

(II) The mailing address of the property;

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

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

(b) Service of the notice to terminate tenancy must be as specified in section 13-40-108. Service by posting is deemed legally sufficient within the meaning of section 13-40-108 if the notice is affixed to the main entrance of the mobile home.

(c) (I) Except as otherwise provided in section 38-12-204 (1) or subsections (1)(c)(II) and (3) of this section, the management shall give a home owner at least ninety days after the date the notice is served or posted to sell the mobile home or remove it from the premises.

(II) If management terminates a tenancy on grounds described in section 38-12-203 (1)(f), the management shall give the home owner at least ten days after the date the notice is served or posted to sell the mobile home or remove it from the premises.

(2) Repealed.

(3) In any notice provided by the management as required by this section, the management shall specify the reason for the termination, as described in section 38-12-203, of the tenancy that is the subject of the notice. If the management is terminating the tenancy because the mobile home or mobile home lot is out of compliance with local ordinances or state laws or rules relating to mobile homes and mobile home lots, as described in section 38-12-203 (1)(a), or out of compliance with written rules and regulations of the mobile home park, as described in section 38-12-203 (1)(c), the notice must include a statement advising the home owner that the home owner has a right to cure the noncompliance within ninety days after the date of service or posting of the notice to terminate tenancy. This ninety-day period runs concurrently with the ninety-day period to sell the mobile home or remove it from the premises as set forth in subsection (1)(c)(I) of this section. Rent payment and other agreed tenant obligations remain in effect during this ninety-day period, and acceptance of rent by a landlord during this ninety-day period does not constitute a waiver of the landlord's right to terminate the tenancy for any noncompliance described in section 38-12-203 (1)(a) or (1)(c).

(4) Notwithstanding any other provision of this section, in any action to terminate a home owner's tenancy based on a violation described in section 38-12-203 (1)(a), the periods of time set forth in this section to provide home owners notice or a right to cure are superseded by any local ordinances, state laws or rules, or court orders that require a home owner's compliance within a shorter time period.