C.R.S. § 38-33-105.5 — CO Code / Title 38 / Article 33 / Section 38-33-105.5
38-33-105.5. Contents of declaration
Status: in_force

38-33-105.5. Contents of declaration. (1) The declaration shall contain:

(a) The name of the condominium property, which shall include the word "condominium" or be followed by the words "a condominium";

(b) The name of every county in which any part of the condominium property is situated;

(c) A legally sufficient description of the real estate included in the condominium property;

(d) A description or delineation of the boundaries of each condominium unit, including its identifying number;

(e) A statement of the maximum number of condominium units that may be created by the subdivision or conversion of units in a multiple-unit dwelling owned by the declarant;

(f) A description of any limited common elements;

(g) A description of all general common elements;

(h) A description of all general common elements which may be conveyed to any person or entity other than the condominium unit owners;

(i) A description of all general common elements which may be allocated subsequently as limited common elements, together with a statement that they may be so allocated, and a description of the method by which the allocations are to be made;

(j) An allocation to each condominium unit of an undivided interest in the general common elements, a portion of the votes in the association, and a percentage or fraction of the common expenses of the association;

(k) Any restrictions on the use, occupancy, or alienation of the condominium units;

(l) The recording data for recorded easements and licenses appurtenant to, or included in, the condominium property or to which any portion of the condominium property is or may become subject;

(m) Reasonable provisions concerning the manner in which notice of matters affecting the condominium property may be given to condominium unit owners by the association or other condominium unit owners; and

(n) Any other matters the declarant deems appropriate.

(2) This section shall apply to any condominium ownership of property created on or after July 1, 1983.
C.R.S. § 38-41-210 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-210
38-41-210. Definitions - vendor's rights
Status: in_force

38-41-210. Definitions - vendor's rights. The terms "owner of the property" and "householder" mean a person holding any equity under a contract of sale or other agreement whereby such person is holding possession of the property, but the rights of the vendor or seller in such contract or other agreement shall always be superior to any homestead.
C.R.S. § 38-30-139 — CO Code / Title 38 / Article 30 / Section 38-30-139
38-30-139. Photographic copies deemed recording
Status: repealed

38-30-139. Photographic copies deemed recording. (Repealed)
C.R.S. § 38-12-212.3 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-212.3
38-12-212.3. Responsibilities of landlord - acts prohibited
Status: in_force

38-12-212.3. Responsibilities of landlord - acts prohibited. (1) (a) Except as otherwise provided in this section:

(I) In any rental agreement, the landlord is deemed to covenant, warrant, and maintain, throughout the period of the tenancy described in the rental agreement, premises that are safe, clean, fit for human habitation and reasonable use, and accessible to people with disabilities;

(II) A landlord is responsible for and shall pay the cost of the maintenance and repair of any sewer lines, water lines, utility service lines, or related connections owned and provided by the landlord to the utility pedestal or pad space for a mobile home located in the park; and

(III) A landlord shall ensure that:

(A) All plumbing lines and other utility connections owned and provided by the landlord to the utility pedestal or pad space for each mobile home in the park have plumbing and utility connections that conformed to applicable law in effect at the time they were installed and are maintained in good working order;

(B) Each pad space is connected to a sewage disposal system approved under applicable law; and

(C) Running water and reasonable amounts of water are furnished at all times to each utility pedestal or pad space; except that a landlord need not satisfy the conditions described in this subsection (1)(a)(III)(C) if a mobile home is individually metered and the tenant occupying the mobile home fails to pay for water services; the local government in which the mobile home park is situated shuts off water service to a mobile home for any reason; a third-party water provider shuts off water for the mobile home park for any reason that is unrelated to the landlord's actions or inactions; weather conditions present a likelihood that water pipes will freeze, water pipes to a mobile home are wrapped in heated pipe tape, and the utility company has shut off electrical service to a mobile home for any reason or the heat tape malfunctions for any reason; running water is not available for any other reason outside the landlord's control to prevent through reasonable and timely maintenance; or the landlord is making repairs or improvements to the items described in subsection (1)(a)(II) of this section, the landlord has provided reasonable advance notice to the mobile home residents of a service disruption that is required in connection with the repairs or improvements, and the service disruption continues for no longer than twenty-four hours.

(b) If a landlord fails to maintain or repair the items described in subsection (1)(a)(II) or (2)(b) of this section:

(I) The landlord is responsible for and shall pay the cost of repairing any damage to a mobile home or mobile home lot that results from the failure;

(II) The landlord is responsible for and shall pay the cost of providing alternative sources of potable water reasonably sufficient for drinking and cooking no later than twelve hours after a service disruption begins and reasonably sufficient for bathing and all other essential hygiene for all members of the household no later than seventy-two hours after a service disruption begins and for maintaining portable toilets that are located reasonably near affected mobile homes in a manner that renders them accessible to people with disabilities no later than twelve hours after the service disruption begins unless conditions beyond the landlord's control reasonably prevent compliance with this subsection (1)(b)(II); and

(III) The landlord shall reimburse residents for any damages to their persons or property, for any loss of use of their property, and for any expenses that they reasonably incur as a result of the failure.

(c) A landlord shall give a minimum of forty-eight hours' notice to residents if water service will be disrupted for more than two hours for planned improvements, maintenance, or repairs. The landlord shall attempt to give a reasonable amount of notice to residents if water service will be disrupted for any other reasons unless conditions are such that providing the notice would result in property damage, health, or safety concerns or when conditions otherwise require emergency repair.

(d) In addition to the requirements of subsection (1)(b) of this section, a landlord must also provide a resident with potable water reasonably sufficient for drinking, cooking, bathing, and all other essential hygiene within the time frames specified in subsection (1)(b)(II) of this section if the mobile home park or the resident or home owner's lot in the park is subject to a boil water advisory that was caused due to maintenance or repairs to the park performed or ordered by a park owner or a park owner's agent or contractor until the advisory has been rescinded by the issuing agency. A landlord shall also provide a notice, posted in a conspicuous place on each mobile home lot in both English and Spanish, of a boil water advisory as soon as possible but not later than twenty-four hours after the landlord receives the boil water advisory. Notices that are required to be reissued must also be posted in compliance with this subsection (1)(d).

(2) In addition to the responsibilities described in subsection (1)(a) of this section, a landlord is responsible for:

(a) Any accessory buildings or structures, including sheds and carports, that are owned by the landlord and provided for the use of the residents; and

(b) The premises, including:

(I) Maintaining all common areas in clean condition, good repair, and in compliance with applicable health and safety laws; keeping common areas and facilities generally available for use by park residents; and keeping common areas accessible to people with disabilities;

(II) Maintaining roads, existing or constructed sidewalks, and other pavement owned by the landlord in a passable, safe condition that is sufficient to provide access for residents' vehicles, emergency vehicles, vans providing transportation services to persons who are elderly or disabled, and school buses, if applicable, which maintenance includes ensuring adequate drainage, maintaining pavement above water lines, and snow removal for all roadways and for all pedestrian sidewalks and other pavements that provide access to mailboxes, public notice areas, and public buildings;

(III) Maintaining lot grades, regrading lots as necessary to prevent the accumulation of stagnant water and the detrimental effects of moving water, and taking reasonably necessary steps to maintain the integrity of the foundation of each mobile home's utility pedestal or pad space in order to prevent structural damage to the mobile home, except in circumstances where the need for such maintenance is caused by a resident's actions;

(IV) Maintaining trees on the premises in a manner that protects the safety of residents of the park and their property, including the preservation of healthy, mature trees that home owners reasonably expected to remain on the premises when they signed their rental agreements, so long as such preservation does not pose a safety risk to any person, property, or infrastructure; and

(V) Complying with the provisions of part 10 of article 8 of title 25.

(3) A landlord shall not require a resident to assume any of the responsibilities described in subsection (1) or (2) of this section as a condition of tenancy in the park.

(4) Nothing in this section may be construed as:

(a) Limiting the liability of an individual for the cost of repairing any damage caused by the individual to the landlord's property or other property located in the park; or

(b) Restricting a landlord from requiring a home owner or resident to comply with rules and regulations of the park that are enforceable pursuant to section 38-12-214 or with terms of the rental agreement and any covenants binding upon the landlord or home owner or resident, including covenants running with the land that pertain to the cleanliness of the home owner's or resident's lot and routine lawn and yard maintenance and excluding major landscaping projects.

(5) A landlord shall establish and maintain an emergency contact number, post the number in common areas of the park, and communicate the number to home owners and residents in each rental agreement and each revision of the park rules and regulations. A home owner or resident who uses the emergency contact number in a timely manner to report a problem with a condition described in subsection (1) or (2) of this section is deemed to have provided notice to the landlord of the problem.

(5.5) A landlord shall establish a unique mailing address and mailbox for each mobile home park lot to provide access to United States mail service and shall include the mailing address in the rental agreement. The mailboxes provided under this section may be located in one or more common areas located within the park or on individual lots. The requirements of this subsection (5.5) do not apply if United States mail service is not available in the geographic area where the park is located.

(6) If a landlord fails to comply with the requirements of this section, a home owner of the park may file a complaint with the division of housing pursuant to the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in section 38-12-1104. On and after July 1, 2024, or earlier if allowed by the division, a resident who does not own a mobile home in the park, a local government, or a nonprofit may file such a complaint. If the division finds by a written determination that the landlord has violated this section, the division may:

(a) Impose penalties, as described in section 38-12-1105 (5);

(b) Issue an order to cease and desist, as described in section 38-12-1105 (6);

(c) Require the landlord to reduce the rent owed by a home owner or resident on a prorated basis to reflect the home owner's or resident's loss of use of the mobile home space; or

(d) Require the landlord to compensate a home owner or resident for housing expenses on a per diem basis if the home owner or resident is displaced from the mobile home as a result of the landlord's violation.
C.R.S. § 38-38-102 — CO Code / Title 38 / Article 38 / Part 1 / Section 38-38-102
38-38-102. Recording notice of election and demand - record of sale
Status: in_force

38-38-102. Recording notice of election and demand - record of sale. (1) No later than ten business days following the receipt of the notice of election and demand, the public trustee shall review the documents filed pursuant to section 38-38-101 (1) and, if the filing is complete, cause the notice to be recorded in the office of the county clerk and recorder of the county where the property described in the notice is located.

(2) The public trustee shall retain in the public trustee's records a printed or electronic copy of the notice of election and demand and the combined notice, as published pursuant to section 38-38-103. Such records shall be available for inspection by the public at the public trustee's offices during the public trustee's normal business hours.
C.R.S. § 38-29-105 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-105
38-29-105. Authorized agents
Status: in_force

38-29-105. Authorized agents. The county clerk and recorder in each of the counties of the state, except in the city and county of Denver the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of manufactured homes, is designated to be the authorized agent of the director and, under the direction of the director, is charged with the administration of the terms and provisions of this article and the rules that may from time to time be adopted for the administration thereof in the county in which such authorized agent holds office.
C.R.S. § 38-33.3-312 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-312
38-33.3-312. Conveyance or encumbrance of common elements
Status: in_force

38-33.3-312. Conveyance or encumbrance of common elements. (1) In a condominium or planned community, portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least sixty-seven percent of the votes in the association, including sixty-seven percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; except that all owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association.

(2) Part of a cooperative may be conveyed and all or part of a cooperative may be subjected to a security interest by the association if persons entitled to cast at least sixty-seven percent of the votes in the association, including sixty-seven percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; except that, if fewer than all of the units or limited common elements are to be conveyed or subjected to a security interest, then all unit owners of those units, or the units to which those limited common elements are allocated, must agree in order to convey those units or limited common elements or subject them to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association. Any purported conveyance or other voluntary transfer of an entire cooperative, unless made in compliance with section 38-33.3-218, is void.

(3) An agreement to convey, or subject to a security interest, common elements in a condominium or planned community, or, in a cooperative, an agreement to convey, or subject to a security interest, any part of a cooperative, must be evidenced by the execution of an agreement, in the same manner as a deed, by the association. The agreement must specify a date after which the agreement will be void unless approved by the requisite percentage of owners. Any grant, conveyance, or deed executed by the association must be recorded in every county in which a portion of the common interest community is situated and is effective only upon recordation.

(4) The association, on behalf of the unit owners, may contract to convey an interest in a common interest community pursuant to subsection (1) of this section, but the contract is not enforceable against the association until approved pursuant to subsections (1) and (2) of this section and executed and ratified pursuant to subsection (3) of this section. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.

(5) Unless in compliance with this section, any purported conveyance, encumbrance, judicial sale, or other transfer of common elements or any other part of a cooperative is void.

(6) A conveyance or encumbrance of common elements pursuant to this section shall not deprive any unit of its rights of ingress and egress of the unit and support of the unit.

(7) Unless the declaration otherwise provides, a conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.

(8) In a cooperative, the association may acquire, hold, encumber, or convey a proprietary lease without complying with this section.
C.R.S. § 38-20-109 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-109
38-20-109. Lienor may sell - procedure
Status: in_force

38-20-109. Lienor may sell - procedure. (1) When the lienor has received a judgment and after giving ten days' prior notice of the time and place of such sale, with a description of the property to be sold, by one publication in some newspaper published in the county wherein he or she resides or, if there is no such newspaper, by posting in three public places within such county and after delivering to the owner of such personal property or, if he or she does not reside in the county, transmitting by mail to him or her at his or her usual place of abode, if known, a copy of such notice, he or she may proceed to sell all such personal property, or so much thereof as may be necessary, at public auction, for cash in hand, at any public place within such county between the hours of 10 a.m. and 4 p.m. of the day appointed. From the proceeds thereof he or she may pay the reasonable costs of such foreclosure, notice, and sale and any necessary and reasonable charges for the preserving, maintaining, feeding, boarding, or caring for the property on which he or she has a lien, together with the reasonable cost of keeping such property up to the time of sale, but the reasonable costs of keeping such property up to the time of sale shall not exceed ninety dollars. He or she shall render the residue of the proceeds and of the property unsold to the owner.

(2) Where property upon which the lien is being foreclosed is in danger of serious and immediate decay or waste or is likely to depreciate rapidly in value pending the determination of the issue or where the keeping of it will be attended with great expense, the lienholder, as plaintiff to the action, may apply to the court, upon due notice as the court may direct, for a sale thereof; and, thereupon, the court in its discretion may order the property sold in the manner provided for in said order, and the proceeds of said sale shall be deposited with the clerk of the court to abide the further order of the court. Upon application for such order for sale, the court in its discretion, upon good cause shown, may require the plaintiff to give bond in an amount to be fixed by the court for the payment to the defendant of such amount as the defendant may be entitled to for damages sustained by the defendant in the event of wrongful foreclosure. The bond shall be secured by two or more sureties, by one corporate surety authorized to do business in this state, or by cash bond, to be approved by the court.
C.R.S. § 38-5-108 — CO Code / Title 38 / Article 5 / Section 38-5-108
38-5-108. Consent necessary to use of streets
Status: in_force

38-5-108. Consent necessary to use of streets. Nothing in this article shall be construed to authorize any person, partnership, association, corporation, or city or town to erect any poles, construct any electric light power line, or pipeline, or extend any wires or lines along, through, in, upon, under, or over any streets or alleys of any city or incorporated town without first obtaining the consent of the municipal authorities having power to give the consent of such city or incorporated town.
C.R.S. § 38-35.7-105 — CO Code / Title 38 / Article 35.7 / Section 38-35.7-105
38-35.7-105. Disclosure of transportation projects - rules
Status: in_force

38-35.7-105. Disclosure of transportation projects - rules. No later than January 1, 2009, the real estate commission created in section 12-10-206 shall, by rule, require each seller's property disclosure for real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the existence of any proposed or existing transportation project that affects or is expected to affect the real property.
C.R.S. § 38-33.3-123 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-123
38-33.3-123. Enforcement - limitation
Status: in_force

38-33.3-123. Enforcement - limitation. (1) (a) If a unit owner fails to timely pay assessments or any money owed to the association, the association may require, without the necessity of commencing a legal proceeding, reimbursement for the following, in addition to the assessments or owed money:

(I) Actual collection costs of the unpaid assessments;

(II) Reasonable attorney fees incurred as a result of the failure to pay; except that the association is not entitled to reimbursement for attorney fees that exceed five thousand dollars or fifty percent of the assessments and any money owed to the association as described in the introductory portion of this subsection (1)(a), whichever is less; and

(III) Other actual costs incurred as a result of the failure to pay.

(b) For any failure to comply with this article 33.3 or the declaration, bylaws, articles, or rules and regulations, other than the payment of assessments owed to the association, the association, any unit owner, or any class of unit owners adversely affected by the failure to comply may seek, without the necessity of commencing a legal proceeding, reimbursement for:

(I) Actual collection costs incurred as a result of the failure to comply; and

(II) Reasonable attorney fees and costs incurred as a result of the failure to comply; except that the association is not entitled to reimbursement for attorney fees that exceed five thousand dollars or fifty percent of the actual costs the association or unit owner incurred as a result of the failure to comply, whichever is less.

(c) (I) In any civil action to enforce or defend this article 33.3 or the declaration, bylaws, articles, or rules and regulations, the court shall award reasonable attorney fees, actual costs, and actual costs of collection to the prevailing party, except as provided in subsection (1)(c)(II) of this section.

(II) In connection with any civil action described in subsection (1)(c)(I) of this section to collect money owed to an association from a unit owner, the court shall not award attorney fees to the association in an amount in excess of five thousand dollars or fifty percent of the actual costs the association incurred as a result of the failure to comply with this article 33.3 or with the declaration, bylaws, articles, or rules and regulations, whichever is less; except that the court may award attorney fees in excess of the limitations, based on the court's discretion, if the court finds that the unit owner was financially, physically, and reasonably able to comply with the declaration, bylaws, articles, or rules and regulations but willfully failed to comply.

(d) Notwithstanding paragraph (c) of this subsection (1), in connection with any claim in which a unit owner is alleged to have violated a provision of this article or of the declaration, bylaws, articles, or rules and regulations of the association and in which the court finds that the unit owner prevailed because the unit owner did not commit the alleged violation:

(I) The court shall award the unit owner reasonable attorney fees and costs incurred in asserting or defending the claim; and

(II) The court shall not award costs or attorney fees to the association. In addition, the association shall be precluded from allocating to the unit owner's account with the association any of the association's costs or attorney fees incurred in asserting or defending the claim.

(e) A unit owner shall not be deemed to have confessed judgment to attorney fees or collection costs.

(f) In determining reasonable attorney fees pursuant to this subsection (1) relating to an association's foreclosure of a lien against a unit owner for unpaid assessments, the court shall give consideration to all relevant factors, including:

(I) The amount of the unpaid assessments;

(II) Whether the amount of the attorney fees requested exceeds the amount of the unpaid assessments;

(III) Whether the amount of time spent or fees incurred by the attorney are disproportionate to the needs of the case, considering the complexity of the case or the efforts required to obtain the unpaid assessments;

(IV) Whether the foreclosure action was contested or required the association to respond to unmeritorious defenses; and

(V) Other factors typically considered in determining an award of attorney fees.

(g) The limitations on attorney fees in subsections (1)(a)(II), (1)(b)(II), and (1)(c)(II) of this section are adjusted for inflation on August 1, 2025, and each year thereafter. Inflation is measured by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers.

(2) Notwithstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained.
C.R.S. § 38-12-222 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-222
38-12-222. Residents' right to privacy
Status: in_force

38-12-222. Residents' right to privacy. (1) (a) The management shall respect the privacy of home owners. Except as otherwise provided by law, the management has no right of entry to a mobile home:

(I) Without first obtaining the written consent of the home owner;

(II) As described in subsection (2) of this section;

(III) In the case of an emergency; or

(IV) When the mobile home has been abandoned.

(b) A home owner may revoke consent in writing at any time.

(2) Unless otherwise prohibited by law, the management has a right of entry to mobile home space to fulfill the duties described in section 38-12-212.3 and to ensure compliance with applicable codes, statutes, ordinances, and administrative rules; the rental agreement; and the rules and regulations of the park. A landlord shall not enter in a manner that interferes with a resident's peaceful enjoyment of the mobile home space, as described in section 38-12-219 (1)(b), except in the case of an emergency.

(3) Except when posting notices that are required by law or by a rental agreement, the management shall make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least seventy-two hours before entry. The notification must include the date and approximate time of the planned entry and must be delivered in a manner that is reasonably likely to be seen or heard by the resident in a timely manner.
C.R.S. § 38-29-131 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-131
38-29-131. Release of mortgages
Status: in_force

38-29-131. Release of mortgages. (1) Upon the payment or discharge of the undertaking secured by any mortgage on a manufactured home that has been filed for record and noted on the certificate of title in the manner prescribed in section 38-29-128, the legal holder of the certificate of title, in a place to be provided therefor, shall make and execute such notation of the discharge of the obligation and release of the mortgage securing the same and set forth therein such facts concerning the right of the holder to so release said mortgage as the director may require by appropriate rule, which satisfaction and release shall be affirmed by a statement signed by the legal holder of the certificate of title and shall contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. Thereupon, except as otherwise provided in section 38-29-112 (1.7), the holder of the mortgage so released shall dispose of the certificate of title as follows:

(a) If it appears from an examination of the certificate of title that the manufactured home therein described is subject to an outstanding junior mortgage or mortgages filed for record subsequent to August 1, 1949, the holder shall deliver the certificate of title to the person so shown to be the holder of the mortgage which was filed earliest in point of time after the filing of the mortgage released or to the person or agent of the person shown to be the assignee or other legal holder of the undertaking secured thereby or shall mail the same to such mortgagee or holder thereof at his address as the same thereon appears. If such certificate is returned unclaimed, it shall thereupon be mailed to the director.

(b) If it appears from an examination of the certificate of title that there are no other outstanding mortgages against the manufactured home therein described, filed for record subsequent to August 1, 1949, upon the release of such mortgage as provided in this section, the holder thereof shall deliver the certificate of title to the owner of the home therein described or shall mail the same to him at his address as the same may therein appear. If for any reason said certificate of title is not delivered to the owner of the home therein described or is returned unclaimed upon the mailing thereof, it shall thereupon be mailed to the director.
C.R.S. § 38-20-203 — CO Code / Title 38 / Article 20 / Part 2 / Section 38-20-203
38-20-203. Agistor's lien
Status: in_force

38-20-203. Agistor's lien. (1) An agistor shall have a lien upon the livestock entrusted to its care for any amount that may be due for feeding, herding, pasturing, keeping, ranching, or boarding such livestock, for medical care provided to such livestock, and for all costs incurred in enforcing such lien, including attorney fees. The provisions of this section shall not apply to stolen livestock.

(2) An agistor's lien shall be effective for the entire period during which the livestock are held by the agistor, and if the livestock referenced in subsection (1) of this section are sold, exchanged, or otherwise disposed of from the premises of the lienor by anyone other than the lienor acting on his or her own behalf or the lienor's agent, the lien created by this section shall continue and shall attach to the proceeds received or receivable from such disposition. To the extent an agistor's lien remains effective, such lien shall be superior to all other liens.
C.R.S. § 38-27.5-106 — CO Code / Title 38 / Article 27.5 / Section 38-27.5-106
38-27.5-106. No impact on hospital liens
Status: in_force

38-27.5-106. No impact on hospital liens. This article 27.5 does not change, modify, or amend the provisions of section 38-27-101.
C.R.S. § 38-39-104 — CO Code / Title 38 / Article 39 / Part 1 / Section 38-39-104
38-39-104. Satisfaction of mortgage
Status: in_force

38-39-104. Satisfaction of mortgage. The lien of any mortgage encumbering property within the state of Colorado can be released only by the mortgagee executing a separate instrument of release executed under the formalities prescribed by the law regulating conveyances. All releases made prior to July 1, 1973, either on the mortgage or on the record of the mortgage, and signed by the mortgagee, shall have the same effect as a separate instrument of release legally executed by the mortgagee.
C.R.S. § 38-24.5-104 — CO Code / Title 38 / Article 24.5 / Section 38-24.5-104
38-24.5-104. Filing with county clerk and recorder
Status: in_force

38-24.5-104. Filing with county clerk and recorder. The county clerk and recorder shall endorse upon a lien the day of its filing and make an abstract thereof in a book kept and indexed by him for that purpose containing the date of the filing, the name of the person claiming the lien, the amount thereof, the name of any other person against whose property the lien is filed, and a description of the property to be charged with the same.
C.R.S. § 38-14-108 — CO Code / Title 38 / Article 14 / Section 38-14-108
38-14-108. Museum's lien for expenses
Status: in_force

38-14-108. Museum's lien for expenses. When the lender of loaned property is unknown, a museum shall have a lien against the value of specific loaned property for expenses reasonably necessary to protect the loaned property from ordinary decay and deterioration due to natural causes, from theft, or from vandalism.
C.R.S. § 38-22.5-108 — CO Code / Title 38 / Article 22.5 / Section 38-22.5-108
38-22.5-108. Priority of liens
Status: in_force

38-22.5-108. Priority of liens. The priority of a lien created under this article in relation to other interests in the subject property shall be determined in accordance with section 38-35-109.
C.R.S. § 38-33.3-103 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-103
38-33.3-103. Definitions
Status: reserved

38-33.3-103. Definitions. As used in the declaration and bylaws of an association, unless specifically provided otherwise or unless the context otherwise requires, and in this article:

(1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person controls a declarant if the person: Is a general partner, officer, director, or employee of the declarant; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the declarant; controls in any manner the election of a majority of the directors of the declarant; or has contributed more than twenty percent of the capital of the declarant. A person is controlled by a declarant if the declarant: Is a general partner, officer, director, or employee of the person; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the person; controls in any manner the election of a majority of the directors of the person; or has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this subsection (1) are held solely as security for an obligation and are not exercised.

(2) "Allocated interests" means the following interests allocated to each unit:

(a) In a condominium, the undivided interest in the common elements, the common expense liability, and votes in the association;

(b) In a cooperative, the common expense liability and the ownership interest and votes in the association; and

(c) In a planned community, the common expense liability and votes in the association.

(2.5) "Approved for development" means that all or some portion of a particular parcel of real property is zoned or otherwise approved for construction of residential and other improvements and authorized for specified densities by the local land use authority having jurisdiction over such real property and includes any conceptual or final planned unit development approval.

(3) "Association" or "unit owners' association" means a unit owners' association organized under section 38-33.3-301.

(4) "Bylaws" means any instruments, however denominated, which are adopted by the association for the regulation and management of the association, including any amendments to those instruments.

(5) "Common elements" means:

(a) In a condominium or cooperative, all portions of the condominium or cooperative other than the units; and

(b) In a planned community, any real estate within a planned community owned or leased by the association, other than a unit.

(6) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to section 38-33.3-207.

(7) "Common expenses" means expenditures made or liabilities incurred by or on behalf of the association, together with any allocations to reserves.

(8) "Common interest community" means real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences.

(9) "Condominium" means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

(10) "Cooperative" means a common interest community in which the real property is owned by an association, each member of which is entitled by virtue of such member's ownership interest in the association to exclusive possession of a unit.

(11) "Dealer" means a person in the business of selling units for such person's own account.

(12) "Declarant" means any person or group of persons acting in concert who:

(a) As part of a common promotional plan, offers to dispose of to a purchaser such declarant's interest in a unit not previously disposed of to a purchaser; or

(b) Reserves or succeeds to any special declarant right.

(13) "Declaration" means any recorded instruments however denominated, that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps.

(14) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to:

(a) Add real estate to a common interest community;

(b) Create units, common elements, or limited common elements within a common interest community;

(c) Subdivide units or convert units into common elements; or

(d) Withdraw real estate from a common interest community.

(15) "Dispose" or "disposition" means a voluntary transfer of any legal or equitable interest in a unit, but the term does not include the transfer or release of a security interest.

(16) "Executive board" means the body, regardless of name, designated in the declaration to act on behalf of the association.

(16.5) "Horizontal boundary" means a plane of elevation relative to a described bench mark that defines either a lower or an upper dimension of a unit such that the real estate respectively below or above the defined plane is not a part of the unit.

(17) "Identifying number" means a symbol or address that identifies only one unit in a common interest community.

(17.5) "Large planned community" means a planned community that meets the criteria set forth in section 38-33.3-116.3 (1).

(18) "Leasehold common interest community" means a common interest community in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the common interest community or reduce its size.

(19) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of section 38-33.3-202 (1)(b) or (1)(d) for the exclusive use of one or more units but fewer than all of the units.

(19.5) "Map" means that part of a declaration that depicts all or any portion of a common interest community in three dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A map is required for a common interest community with units having a horizontal boundary. A map and a plat may be combined in one instrument.

(20) "Master association" means an organization that is authorized to exercise some or all of the powers of one or more associations on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities.

(21) "Person" means a natural person, a corporation, a partnership, an association, a trust, or any other entity or any combination thereof.

(21.5) "Phased community" means a common interest community in which the declarant retains development rights.

(22) "Planned community" means a common interest community that is not a condominium or cooperative. A condominium or cooperative may be part of a planned community.

(22.5) "Plat" means that part of a declaration that is a land survey plat as set forth in section 38-51-106, depicts all or any portion of a common interest community in two dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A plat and a map may be combined in one instrument.

(23) "Proprietary lease" means an agreement with the association pursuant to which a member is entitled to exclusive possession of a unit in a cooperative.

(24) "Purchaser" means a person, other than a declarant or a dealer, who by means of a transfer acquires a legal or equitable interest in a unit, other than:

(a) A leasehold interest in a unit of less than forty years, including renewal options, with the period of the leasehold interest, including renewal options, being measured from the date the initial term commences; or

(b) A security interest.

(25) "Real estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without horizontal boundaries and spaces that may be filled with air or water.

(26) "Residential use" means use for dwelling or recreational purposes but does not include spaces or units primarily used for commercial income from, or service to, the public.

(27) "Rules and regulations" means any instruments, however denominated, which are adopted by the association for the regulation and management of the common interest community, including any amendment to those instruments.

(28) "Security interest" means an interest in real estate or personal property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.

(29) "Special declarant rights" means rights reserved for the benefit of a declarant to perform the following acts as specified in parts 2 and 3 of this article: To complete improvements indicated on plats and maps filed with the declaration; to exercise any development right; to maintain sales offices, management offices, signs advertising the common interest community, and models; to use easements through the common elements for the purpose of making improvements within the common interest community or within real estate which may be added to the common interest community; to make the common interest community subject to a master association; to merge or consolidate a common interest community of the same form of ownership; or to appoint or remove any officer of the association or any executive board member during any period of declarant control.

(30) "Unit" means a physical portion of the common interest community which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the declaration. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.

(31) "Unit owner" means the declarant or other person who owns a unit, or a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the common interest community but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person; in a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated pursuant to section 38-33.3-207 until that unit has been conveyed to another person, who may or may not be a declarant under this article.

(32) "Vertical boundary" means the defined limit of a unit that is not a horizontal boundary of that unit.

(33) "Xeriscape" means the combined application of the seven principles of landscape planning and design, soil analysis and improvement, hydro zoning of plants, use of practical turf areas, uses of mulches, irrigation efficiency, and appropriate maintenance under section 38-35.7-107 (1)(a)(III)(A).
C.R.S. § 38-50-101 — CO Code / Title 38 / Article 50 / Section 38-50-101
38-50-101. Survey plat - records file and index system - informational purpose
Status: in_force

38-50-101. Survey plat - records file and index system - informational purpose. (1) Survey plats required pursuant to section 38-51-107 and this section shall:

(a) Comply with section 38-51-106;

(b) Depending on the location of the land, contain the following information in the title block:

(I) For parcels of land located within the United States rectangular survey system, the section, township, range, and principal meridian; or

(II) For grants and unsurveyed parcels of land, information relating to the system of indexing the county assessor already has in place;

(c) Within twelve months after the date the monument is accepted in the field by a professional land surveyor performing a monumented land survey or is set by a professional land surveyor, be deposited with the public office designated by the county commissioners.

(2) (a) (I) The county commissioners of each county shall designate the county surveyor to create and maintain a survey plat records file and index system for plats.

(II) If a county surveyor has not been elected or appointed or if the office is vacant, another county official shall be designated to create and maintain such file and index system.

(III) If the county surveyor is unable to index in a timely manner, the county surveyor may designate another county official to do such indexing.

(b) (I) Each plat deposited with the county shall be given a reception number or a book and page number, or both, which shall be set forth on the plat.

(II) (A) Surveyed lands located within the United States rectangular survey system shall be indexed by section, township, range, and principal meridian.

(B) Grant lands and unsurveyed lands shall be indexed by the system of indexing the county assessor already has in place.

(III) Survey plats submitted for depositing shall be indexed in a timely manner, but not more than ten working days after the date the survey plat is deposited.

(2.5) Each plat submitted to a county clerk and recorder must be submitted in either an original or electronic format and:

(a) Must:

(I) Be submitted for recording;

(II) Have original signatures;

(III) Have all of the original seals;

(IV) Have at least ten-point type; and

(V) Not have any illegible images; and

(b) If submitted in an original format, must be printed on paper or a dimensionally stable polyester sheet such as cronar or mylar or any other product of equal quality that:

(I) Is white and without water marks;

(II) Is heavy bonded paper;

(III) Has no staples or other binding; and

(IV) Has no impression seals; or

(c) If submitted in an electronic format, must have a minimum resolution of three hundred dots per inch.

(3) (a) (Deleted by amendment, L. 2020.)

(b) The dimensions of each plat, submitted in an original or electronic format, as specified by county requirements, shall be at least eighteen inches wide by twenty-four inches long and no more than twenty-four inches wide by thirty-six inches long with a minimum two-inch margin on the left side and a minimum of one-half inch margins at the top, bottom, and right side of the plat.

(c) Subject to approval by the board of county commissioners, a county may make aperture cards or film-processed copies capable of legible reproduction from each plat as specified in subsection (2.5)(b) of this section for the purpose of recording.

(4) (a) [Editor's note: This version of subsection (4)(a) is effective until July 1, 2025.] The fee for depositing plats shall not exceed the amount of the fee collected for the recording of subdivision plats established in section 30-1-103 (2)(f), C.R.S.

(4) (a) [Editor's note: This version of subsection (4)(a) is effective July 1, 2025.] The fee for depositing plats shall not exceed the amount of the fee collected for the recording of subdivision plats established in section 30-1-103 (1).

(b) [Editor's note: This version of subsection (4)(b) is effective until July 1, 2025.] The fee for the county surveyor or, if a county surveyor has not been elected or appointed or if the office is vacant, another county official to index and maintain the plats as designated by the county commissioners shall not exceed the amount of the fee collected for the recording of subdivision plats established in section 30-1-103 (2)(f), C.R.S.

(b) [Editor's note: This version of subsection (4)(b) is effective July 1, 2025.] The fee for the county surveyor or, if a county surveyor has not been elected or appointed or if the office is vacant, another county official to index and maintain the plats as designated by the county commissioners shall not exceed the amount of the fee collected for the recording of subdivision plats established in section 30-1-103 (1).

(c) The fees provided for by this subsection (4) shall be collected by the public office at which plats are deposited.

(5) (a) Plats shall be deposited in accordance with this section for the sole purpose of recording information on surveying monumentation in order to provide survey data for subsequent land surveys and shall not be construed to affect, in any manner whatsoever, the description of a subdivision, line, or corner contained in the official plats and field notes filed and of record or to subdivide property.

(b) No plat deposited in accordance with this section shall constitute notice pursuant to section 38-35-109.

(c) Subdivision plats which create parcels of land of thirty-five acres or more shall be filed in the county clerk and recorder's office for the county in which the property is located pursuant to section 38-35-109.

(6) Notwithstanding any other provision of law, a county surveyor or any other local government official that maintains a survey plat records file and index system for plats may establish a program to accept plats for recording and filing, with appropriate permanency protocols, by any electronic means it deems appropriate.

(7) If an electronic filing system is established in accordance with subsection (6) of this section or section 31-23-108, then the board of county commissioners may provide additional funding and space suitable for a county surveyor or any other appropriate local government official to store original mylar, paper, or polyester sheets of subdivision plats and land survey plats.

(8) If the county clerk and recorder is designated as the appropriate local government official to store original mylar, paper, or polyester sheets of subdivision plats and land survey plats under subsection (7) of this section, those plats may be recorded by the county clerk and recorder instead of deposited.
C.R.S. § 38-29-142 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-142
38-29-142. Repossession of manufactured home - owner must notify law enforcement agency - p
Status: in_force

38-29-142. Repossession of manufactured home - owner must notify law enforcement agency - penalty. (1) If any mortgagee or his assignee or the agent of either repossesses a manufactured home because of default in the terms of a mortgage, the mortgagee or his assignee shall notify, either verbally or in writing, a law enforcement agency, as provided in this section, of the fact of such repossession, the name of the owner, and the name of the mortgagee or assignee. Such notification shall be made not later than twelve hours after the repossession occurs. If such repossession takes place in an incorporated city or town, the notification shall be made to the police department, town marshal, or other local law enforcement agency of such city or town, and, if such repossession takes place in the unincorporated area of a county, the notification shall be made to the county sheriff.

(2) Any mortgagee of a manufactured home or his assignee who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars.
C.R.S. § 38-12-214 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-214
38-12-214. Rules and regulations - amendments - notice - complaints
Status: in_force

38-12-214. Rules and regulations - amendments - notice - complaints. (1) The management shall adopt written rules and regulations concerning residents' or home owners' use and occupancy of the premises. The management shall provide a resident or home owner with a written copy of the adopted rules and regulations in English and Spanish. Except as otherwise provided in this section, such rules and regulations are enforceable against a resident or home owner only if:

(a) Their purpose is to promote the safety or welfare of the home owners, protect and preserve the premises from abuse, or make a fair distribution of services and facilities held out for the home owners generally;

(b) They are reasonably related to a legitimate purpose, for which they are adopted;

(c) They are not arbitrary, capricious, unreasonable, retaliatory, or discriminatory in nature;

(d) They are sufficiently explicit in prohibition, direction, or limitation of each home owner's conduct to fairly inform each home owner of what the home owner must do or not do to comply; and

(e) They are established in the rental agreement at the inception of the tenancy, amended subsequently with the written consent of the home owner, or, except as described in subsection (2) of this section, amended subsequently without the written consent of the home owner after the management has provided written notice, in both English and Spanish, of the amendments to the home owner in a common area and in a conspicuous place on each home owner's mobile home lot at least sixty days before the amendments become effective, and, if applicable, enforced in compliance with subsection (3) of this section.

(2) (a) When a mobile home or any accessory building or structure is owned by a person other than the owner of the mobile home park in which the mobile home is located, the mobile home and the accessory building or structure are each a separate unit of ownership. The accessory building or structure are each presumed to be owned by the owner of the mobile home unless there is a written agreement establishing ownership by another person.

(b) If a rule or regulation requires a home owner to incur a cost or imposes restrictions or requirements on the home owner's right to control what happens in or to the mobile home or any accessory building or structure, the rule or regulation is presumed unreasonable pursuant to subsection (1)(c) of this section unless management demonstrates that the rule or regulation:

(I) Is strictly necessary to protect the health and safety of park residents and the rule or regulation provides the protection at the lowest expense to home owners as is reasonably possible;

(II) Is strictly necessary to comply with or enforce a federal, state, or local government requirement, including local nuisance laws enforced for the welfare of other residents;

(III) Is voluntarily agreed to by the home owner, without coercion or misrepresentation by management, in which case the rule or regulation is only binding upon home owners who have communicated their written consent to the rule or regulation; or

(IV) In a mobile home park managed by home owners, was established by the managing home owner organization in accordance with the organization's bylaws and more than fifty percent of the home owners are members of the organization.

(c) (I) Rules or regulations that impose restrictions or requirements on the home owner's right to control what happens in or to a home owner's mobile home or any accessory building or structure include, but are not limited to, those that impose requirements related to the following:

(A) The structure and appearance of the mobile home, building, or structure, including rules or regulations requiring aesthetic improvements;

(B) Who may visit the mobile home, building, or structure, or who may reside at the mobile home;

(C) Lawful activities taking place in the mobile home, building, or structure; and

(D) Resident occupancy limits that are stricter than applicable federal, state, and local occupancy laws.

(II) This subsection (2)(c) does not preclude a landlord from conducting any lawful screening of a rental application.

(d) Beginning on June 4, 2024, any notice to quit served pursuant to section 38-12-204.3 or any complaint to terminate tenancy pursuant to section 38-12-203 (1)(c) shall include a statement that specifically sets forth the basis for enforceability pursuant to subsection (1) of this section and section 38-12-203 (1)(c), including the specific purpose required pursuant to subsection (1)(a) of this section and how the rule or regulation is reasonably related to the stated purpose as required pursuant to subsection (1)(b) of this section. A general statement that a rule or regulation promotes safety or welfare is not sufficient to meet the requirements of this subsection (2)(d) or section 38-12-203 (1)(c).

(e) The division is authorized to promulgate rules that:

(I) Specify additional park rules and regulations that are not strictly necessary pursuant to this section and are unenforceable or presumptively unenforceable; and

(II) Specify additional park rules and regulations that are strictly necessary pursuant to this section and are enforceable or presumptively enforceable.

(2.5) (a) Subsection (2) of this section does not prohibit the management from requiring compliance by a new home owner with park rules and regulations that were not enforceable against the previous home owner after the sale or transfer of a mobile home or accessory building or structure as described in subsection (2.5)(b) of this section if the rules or regulations comply with this section and have been duly noticed, in both English and Spanish, to all home owners and residents, including the seller, pursuant to subsection (1)(e) of this section; except that, as used in this subsection (2.5), "transfer" does not include a transfer of ownership pursuant to death or divorce or a transfer of ownership to a new co-owner who is an immediate family member, spouse, or domestic partner of the home owner.

(b) The management shall not require a home owner selling a mobile home or accessory building or structure to ensure that the mobile home or accessory building or structure complies with any rules or regulations by the closing date of the sale or to bear the costs of compliance with any such rules or regulations. If the management requires all prospective buyers to comply with such rules and regulations as a condition of gaining tenancy in the park, the management shall promptly provide a written list of items for which the management requires action to the seller upon receiving notice that the mobile home is for sale. The seller shall provide the list to all prospective buyers, and the management shall provide the list to the buyer upon receiving an application for tenancy. The management shall allow a reasonable amount of time after closing for the buyer to bring the mobile home or accessory building or structure into compliance, which must be at least thirty days from the closing date. During the period in which the buyer may bring the mobile home or accessory building or structure into compliance, the management shall provide the buyer with reasonable access to the mobile home or accessory building or structure, including access to the mobile home or accessory building or structure for the purpose of storing belongings until the buyer is able to reside in the mobile home.

(2.7) (a) Notwithstanding any rental agreement, the management shall not interfere with a home owner's right to sell a mobile home or accessory building or structure, in place or otherwise, to a buyer of the home owner's choosing, regardless of the age of the home, except as necessary for the management to ensure:

(I) Compliance with park-wide affordability restrictions, including requirements for owner occupancy;

(II) The financial ability of the home buyer to comply with the buyer's obligations as a new tenant pursuant to subsection (2.7)(c) of this section;

(III) Compliance with applicable local, state, or federal law; and

(IV) The absence of a home buyer's relevant criminal history that would indicate a reasonable chance of risk to other residents in accordance with section 38-12-904 (1)(b).

(b) A provision in a rental agreement that limits or restricts a home owner's right to sell a mobile home or accessory building or structure to a buyer of the home owner's choosing other than as allowed by this subsection (2.7) is unenforceable.

(c) A buyer demonstrates the buyer's financial ability to comply with the provisions of subsection (2.7)(a)(II) of this section if the buyer can demonstrate that:

(I) The buyer has a monthly income that is at least two hundred percent of the seller's current monthly lot rent for one month; or

(II) The buyer has other cash assets that are at least two hundred percent of the seller's current monthly lot rent for six months.

(3) (a) If the management provides each home owner written notice, in both English and Spanish, of the management's intent to add or amend any written rule or regulation as described in subsection (1)(e) of this section, or if the management indicates that it will begin enforcing a rule or regulation that was previously unenforced, a home owner may file a complaint challenging the rule, regulation, or amendment pursuant to section 38-12-1105 within sixty days after receiving the notice. If a home owner files such a complaint and the new or amended rule or regulation will increase a cost to the home owner in an amount that equals or exceeds ten percent of the home owner's monthly rent obligation under the rental agreement, the management shall not enforce the rule, regulation, or amendment unless and until the parties reach an agreement concerning the rule, regulation, or amendment or the dispute resolution process concludes and the division issues a written determination, pursuant to section 38-12-1105 (4), that the rule, regulation, or amendment does not constitute a violation of this part 2 and may be enforced. Notwithstanding any provision of part 11 of this article 12 to the contrary, as part of the complaint process described in section 38-12-1105, the management has the burden of establishing that the rule, regulation, or amendment satisfies the requirements described in subsections (1) and (2) of this section.

(b) Nothing in this section precludes a home owner from filing a complaint, pursuant to section 38-12-1105, concerning a rule or regulation at any time after the rule or regulation takes effect.

(4) Rules and regulations that concern recreational facilities may be amended at the reasonable discretion of the management.
C.R.S. § 38-6-121 — CO Code / Title 38 / Article 6 / Part 1 / Section 38-6-121
38-6-121. Lis pendens
Status: in_force

38-6-121. Lis pendens. In any proceeding brought under this part 1, the petitioner, at the time of filing the petition or at any time thereafter during the pendency of such proceeding, may file with the county clerk and recorder of the county in which the property sought to be condemned is situated a notice of the pendency of the proceeding, containing a general description of the property affected. The filing of such notice shall be constructive notice of the proceeding to any purchaser or encumbrancer of said property. The petitioner shall take all property condemned under this part 1 free of all conveyances, taxes, or assessments that have attached thereto subsequent to the filing of the lis pendens.
C.R.S. § 38-13-1302 — CO Code / Title 38 / Article 13 / Part 13 / Section 38-13-1302
38-13-1302. When agreement to locate property void - rules
Status: in_force

38-13-1302. When agreement to locate property void - rules. (1) Subject to subsection (2) of this section, an agreement under section 38-13-1301 is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending twenty-four months after the payment or delivery.

(2) If a provision in an agreement described in subsection (1) of this section applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a part of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the agreement was entered into.

(3) The administrator shall adopt rules governing the maximum compensation in an agreement under subsection (1) of this section. An agreement that provides for compensation in an amount that exceeds the maximum amount established by rule is unenforceable except by the apparent owner. An apparent owner or the administrator, acting on behalf of an apparent owner, or both, may file an action in the district court for the city and county of Denver to reduce the compensation to the maximum amount. On the final determination of an action filed under this subsection (3), the court may, on application, award the plaintiff its reasonable attorney fees, costs, and expenses of litigation.

(4) An apparent owner or the administrator may assert that an agreement described in this section is void on a ground other than it provides for payment of unconscionable compensation.

(5) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the administrator or to contest the administrator's denial of a claim for recovery of the property.
C.R.S. § 38-10-115 — CO Code / Title 38 / Article 10 / Section 38-10-115
38-10-115. Creditors defined
Status: in_force

38-10-115. Creditors defined. "Creditors", as used in section 38-10-114, includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels remain in his possession or control.
C.R.S. § 38-33.3-106.7 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-106.7
38-33.3-106.7. Unreasonable restrictions on energy efficiency measures - definitions
Status: in_force

38-33.3-106.7. Unreasonable restrictions on energy efficiency measures - definitions. (1) (a) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure.

(b) As used in this section, "energy efficiency measure" means a device or structure that reduces the amount of energy derived from fossil fuels that is consumed by a residence or business located on the real property. "Energy efficiency measure" is further limited to include only the following types of devices or structures:

(I) An awning, shutter, trellis, ramada, or other shade structure that is marketed for the purpose of reducing energy consumption;

(II) A garage or attic fan and any associated vents or louvers;

(III) An evaporative cooler;

(IV) An energy-efficient outdoor lighting device, including without limitation a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device;

(V) A retractable clothesline; and

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

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

(a) Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, common interest communities shall consider:

(I) The impact on the purchase price and operating costs of the energy efficiency measure;

(II) The impact on the performance of the energy efficiency measure; and

(III) The criteria contained in the governing documents of the common interest community.

(b) Bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for the protection of persons and property.

(3) This section shall not be construed to confer upon any property owner the right to place an energy efficiency measure on property that is:

(a) Owned by another person;

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

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

(d) A limited common element or general common element of a common interest community.
C.R.S. § 38-35.7-101 — CO Code / Title 38 / Article 35.7 / Section 38-35.7-101
38-35.7-101. Disclosure - special taxing districts - general obligation indebtedness
Status: in_force

38-35.7-101. Disclosure - special taxing districts - general obligation indebtedness. (1) Every contract for the purchase and sale of residential real property shall contain a disclosure statement in bold-faced type which is clearly legible and in substantially the following form:

SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.

(2) The obligation to provide the disclosure set forth in subsection (1) of this section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for all damages to the purchaser resulting from such failure plus court costs.
C.R.S. § 38-38-103.2 — CO Code / Title 38 / Article 38 / Part 1 / Section 38-38-103.2
38-38-103.2. Dual tracking prohibited - notice to officer - continuation of sale pending inqu
Status: in_force

38-38-103.2. Dual tracking prohibited - notice to officer - continuation of sale pending inquiry. (1) A servicer is subject to the time limits and other requirements of federal law and CFPB rules in connection with a foreclosure under this article.

(2) The servicer shall:

(a) Notify the borrower in writing when it receives a complete loss mitigation application from the borrower; and

(b) Exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application.

(3) If the borrower has received confirmation from the servicer that the borrower has submitted a complete loss mitigation application or has been offered and has accepted a loss mitigation option and is complying with its provisions, and yet a notice of election and demand pursuant to section 38-38-101 has been filed or action is being taken pursuant to section 38-38-105 or 38-38-106 with regard to the borrower, then, in order to stop the foreclosure sale, no later than fourteen calendar days before the sale date, the borrower must present to the officer the borrower's written notification from the servicer indicating receipt of a complete loss mitigation application dated at least thirty-seven days prior to the sale date or acceptance of a loss mitigation option, and, if the borrower does so:

(a) As soon as possible, but no later than three business days after receipt of the notification, the officer shall contact the attorney for the servicer or holder or the servicer or holder, if not represented by an attorney, by telephone, electronic mail, or first-class mail and inquire as to the status of the loss mitigation option. The officer shall document this inquiry. Until the servicer or its attorney responds to the inquiry, the officer shall continue the sale in accordance with section 38-38-109 (1)(a).

(b) If the attorney for the servicer or holder or the servicer or holder, if not represented by an attorney, fails to respond within seven calendar days to an inquiry under paragraph (a) of this subsection (3), then, as soon as possible but no later than the fourteenth day after the date of the inquiry, the officer shall send a certified letter to the attorney for the servicer or holder or to the servicer or holder, if not represented by an attorney, as listed on the notice of election and demand, inquiring as to the status of the loss mitigation option. The servicer or holder shall reimburse the officer for the cost of mailing the letter.

(c) If, after being contacted in accordance with paragraph (a) or (b) of this subsection (3), the attorney for the servicer or holder or the servicer or holder, if not represented by an attorney, gives the officer a written statement via electronic mail or first-class mail disputing that a loss mitigation option has been offered and accepted or that the borrower is complying with its terms, the officer shall proceed with the sale.

(d) (I) If the attorney for the servicer or holder or the servicer or holder, if not represented by an attorney, acknowledges that a loss mitigation option has been offered and accepted and that the borrower is complying with its terms, the officer shall continue the sale in accordance with section 38-38-109 (1)(a), and the holder shall withdraw the notice of election and demand within one hundred eighty calendar days after the date of the acknowledgment if the borrower continues to comply with the terms of the loss mitigation option.

(II) If, within one hundred eighty calendar days after the date of the acknowledgment, the attorney for the servicer or holder or the servicer or holder, if not represented by an attorney, has not withdrawn the notice of election and demand and neither the attorney for the servicer or holder nor the servicer or holder, if not represented by an attorney, has notified the officer that the borrower is not complying with the terms of the loss mitigation option, the officer may administratively withdraw the notice of election and demand.

(III) If, within one hundred eighty calendar days after the date of the acknowledgment, the borrower fails to comply with the terms of the loss mitigation option, the holder or the attorney for the holder may give written notice to the officer that the loss mitigation option has been breached, and, no later than ten business days after receiving the notice, the officer shall mail an amended combined notice containing the date of the rescheduled sale to each person appearing on the most recent mailing list, or on an updated mailing list if provided by the holder or the holder's attorney. The rescheduled sale date must not be fewer than seven calendar days after the date the amended combined notice is mailed. All fees and costs of providing the amended combined notice may be included as part of the foreclosure costs.

(4) If a foreclosure sale is continued as a result of compliance with the requirements of subsection (3) of this section, the periods for which the sale may be continued are in addition to the twelve-month period of continuance provided by section 38-38-109 (1).

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

(6) A servicer who complies with 12 CFR 1024.41, as promulgated by the CFPB, or is exempt from compliance with that regulation under federal law or CFPB rules, regulations, or orders, is deemed in compliance with this section.
C.R.S. § 38-24.5-101 — CO Code / Title 38 / Article 24.5 / Section 38-24.5-101
38-24.5-101. Definitions
Status: in_force

38-24.5-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Harvester" means any person who gathers in grain or other crops by manual or mechanical threshing, swathing, or picking but shall not include an owner.

(2) "Harvesting" means the manual or mechanical threshing, swathing, cutting, or picking of grain or other crops, including any services rendered and labor performed in connection therewith.

(3) "Owner" means any person, including any guardian or minor, married person, company, firm, association, or corporation, for whose use or benefit the grain or other crops are harvested.
C.R.S. § 38-30-136 — CO Code / Title 38 / Article 30 / Section 38-30-136
38-30-136. Subsequent proof of execution - proof or acknowledgment of copy
Status: in_force

38-30-136. Subsequent proof of execution - proof or acknowledgment of copy. (1) When any deed or instrument of writing has been executed and not acknowledged according to law at the time of the execution thereof, such deed or instrument of writing may at any subsequent time be acknowledged by the makers thereof in the manner provided in this article, or proof may be made of the execution thereof before any officer authorized to take acknowledgments of deeds in the manner provided in this section. Such officer, when the fact is not within his own knowledge, shall ascertain from the testimony of at least one competent, credible witness, to be sworn and examined by him, that the person offering to prove the execution of such deed or writing is a subscribing witness thereto. Thereupon such officer shall examine such subscribing witness upon oath or affirmation, and shall reduce his testimony to writing and require the witness to subscribe the same, endorsed upon or attached to such deed or other writing, and shall thereupon grant a certificate that such witness was personally known or was proved to him by the testimony of at least one witness (who shall be named in such certificate) to be a subscribing witness to the deed or instrument of writing to be proved, that such subscribing witness was lawfully sworn and examined by him, and that the testimony of the said officer was reduced to writing and by said subscribing witness subscribed in his presence.

(2) If by the testimony it appears that such witness saw the person, whose name is subscribed to such instrument of writing, sign, seal, and deliver the same or that such person afterwards acknowledged the same to the said witness to be his free and voluntary act or deed and that such witness subscribed the said deed or instrument of writing in attestation thereof, in the presence and with the consent of the person so executing the same, such proof if attested and the authority of the officer to take the same duly proved in the same manner as required in the case of acknowledgment, shall have the same force and effect as an acknowledgment of said deed or instrument of writing by the person executing the same, and duly certified.

(3) When any such deed or instrument of writing has been executed and recorded without due proof, attestation or acknowledgment as required by law, a certified copy from such record may be proved or acknowledged in the same manner and with like effect as the original thereof. No person shall be permitted to use such certified copy so proved as evidence except upon satisfactory proof that the original thereof has been lost or destroyed or is beyond his power to produce.
C.R.S. § 38-12-501 — CO Code / Title 38 / Article 12 / Part 5 / Section 38-12-501
38-12-501. Legislative declaration - matter of statewide concern - purposes and policies
Status: in_force

38-12-501. Legislative declaration - matter of statewide concern - purposes and policies. (1) The general assembly hereby finds and declares that the provisions of this part 5 are a matter of statewide concern. Any local government ordinance, resolution, or other regulation that is in conflict with this part 5 shall be unenforceable.

(2) The underlying purposes and policies of this part 5 are to:

(a) Simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;

(b) Encourage landlords and tenants to maintain and improve the quality of housing;

(c) Make uniform the law with respect to the subject of this part 5 throughout Colorado;

(d) Promote public health by ensuring rental housing is safe and healthy for tenants; and

(e) Protect and provide remedies for tenants who experience uninhabitable conditions at their residential premises.

(3) This part 5 should be broadly interpreted to achieve its intended purpose.
C.R.S. § 38-12-1306 — CO Code / Title 38 / Article 12 / Part 13 / Section 38-12-1306
38-12-1306. Affirmative defense
Status: in_force

38-12-1306. Affirmative defense. If a landlord fails to comply with this part 13, a tenant may assert the landlord's failure as an affirmative defense for a tenant to an eviction proceeding. If a tenant asserts such an affirmative defense, and the landlord cannot demonstrate by a preponderance of the evidence that the landlord has complied with this part 13, the court shall dismiss the eviction proceeding.
C.R.S. § 38-22-102 — CO Code / Title 38 / Article 22 / Section 38-22-102
38-22-102. Payments - effect
Status: in_force

38-22-102. Payments - effect. (1) No part of the contract price, by the terms of any such contract, shall be made payable, nor shall the same, or any part thereof, be paid in advance of the commencement of the work, but the contract price, by the terms of the contract, shall be made payable in installments, or upon estimates, at specified times after the commencement of the work, or on the completion of the whole work; but at least the following percentages of the total contract price shall be made payable at least thirty-five days after the final completion of the contract:

(a) Fifteen percent of the first two hundred fifty thousand dollars of the contract price;

(b) Ten percent of the contract price in excess of two hundred fifty thousand dollars up to and including five hundred thousand dollars;

(c) Five percent of the contract price in excess of five hundred thousand dollars up to and including seven hundred fifty thousand dollars;

(d) Two percent of the contract price in excess of seven hundred fifty thousand dollars.

(2) No payment made prior to the time when the same is due, under the terms and conditions of the contract, shall be valid for the purpose of defeating, diminishing, or discharging any lien in favor of any person, except the contractor or other person to or for whom the payment is made, but as to such liens, such payment shall be deemed as if not made and shall be applicable to such liens, notwithstanding that the contractor or other person to or for whom it was paid may thereafter abandon his contract, or be or become indebted to the reputed owner in any amount for damages or otherwise or for nonperformance of his contract or otherwise.

(3) As to all liens, except those of principal contractors, the whole contract price shall be payable in money, and shall not be diminished by any prior or subsequent indebtedness, offset, or counterclaim in favor of the reputed owner and against the principal contractor, and no alteration of such contract shall affect any lien acquired under the provisions of this article. In case such contracts and alterations thereof do not conform substantially to the provisions of this section, the labor done and laborers or materials furnished by all persons other than the principal contractor shall be deemed to have been done and furnished at the personal instance and request of the person who contracted with the principal contractor, they shall have a lien for the value thereof.

(3.5) Any provisions of this section to the contrary notwithstanding, it shall be an affirmative defense in any action to enforce a lien pursuant to this article that the owner or some person acting on the owner's behalf has paid an amount sufficient to satisfy the contractual and legal obligations of the owner, including the initial purchase price or contract amount plus any additions or change orders, to the principal contractor or any subcontractor for the purpose of payment to the subcontractors or suppliers of laborers, materials, or services to the job, when:

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

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

(c) The property is a single-family, owner-occupied dwelling unit, including a residence constructed and sold for occupancy as a primary residence. This paragraph (c) shall not apply to a developer or builder of multiple residences except for the residence that is occupied as the primary residence of the developer or builder.

(4) Any of the persons mentioned in section 38-22-101, except a principal contractor, at any time may give to the owner, or reputed owner, or to the superintendent of construction, agent, architect, or to the financing institution or other person disbursing construction funds, a written notice that they have performed labor or furnished laborers or materials to or for a principal contractor, or any person acting by authority of the owner or reputed owner, or that they have agreed to and will do so, stating in general terms the kind of labor, laborers, or materials and the name of the person to or for whom the same was or is to be done, or performed, or both, and the estimated or agreed amount in value, as near as may be, of that already done or furnished, or both, and also of the whole agreed to be done or furnished, or both.

(5) Such notice may be given by delivering the same to the owner or reputed owner personally, or by leaving it at his residence or place of business with some person in charge; or by delivering it either to his superintendent of construction, agent, architect, or to the financing institution or other person disbursing construction funds, or by leaving it either at their residence or place of business with some person in charge. No such notice shall be invalid or insufficient by reason of any defect of form, provided it is sufficient to inform the owner or reputed owner of the substantial matters provided for in this section, or to put him upon inquiry as to such matters.

(6) Upon such notice being given, it is the duty of the person who contracted with the principal contractor to withhold from such principal contractor, or from any other person acting under such owner or reputed owner, and to whom, by said notice, the said labor, laborers, or materials, have been furnished or agreed to be furnished, sufficient money due or that may become due to said principal contractor, or other persons, to satisfy such claim and any lien that may be filed therefor for record under this article, including reasonable costs provided for in this article.

(7) The payment of any such lien, which has been acknowledged by such principal contractor, or other person acting under such owner or reputed owner in writing to be correct, or which has been established by judicial determination, shall be taken and allowed as an offset against any moneys which may be due from the owner, or reputed owner to such principal contractor, or the person for whom such work and labor was performed or furnished.
C.R.S. § 38-12-209 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-209
38-12-209. Entry fees prohibited
Status: repealed

38-12-209. Entry fees prohibited. (1) The owner of a mobile home park, or the agent of such owner, shall neither pay to nor receive from an owner or a seller of a mobile home an entry fee of any type as a condition of tenancy in a mobile home park.

(2) to (4) Repealed.

(5) A landlord shall not charge a resident or a home owner any fee, penalty, or any other cost for refusing to sign a new lease or for residing under a month-to-month or other periodic tenancy.
C.R.S. § 38-24.5-107 — CO Code / Title 38 / Article 24.5 / Section 38-24.5-107
38-24.5-107. Limitations of actions
Status: in_force

38-24.5-107. Limitations of actions. Any action for the foreclosure and enforcement of a lien authorized in section 38-24.5-102 shall be commenced, and a notice of commencement of action filed in the same locations as the lien statements, within three months from the filing of the lien and shall be filed in the district court for the county in which the lien authorized in section 38-24.5-103 is filed. The failure to file such an action and notice on a timely basis shall render the lien null and void.
C.R.S. § 38-35.7-109 — CO Code / Title 38 / Article 35.7 / Section 38-35.7-109
38-35.7-109. Electric vehicle charging and heating systems - options - definitions
Status: in_force

38-35.7-109. Electric vehicle charging and heating systems - options - definitions. (1) (a) A person that builds a new residence for which a buyer is under contract shall offer the buyer the opportunity to have the residence's electrical system include one of the following:

(I) An electric vehicle charging system;

(II) Upgrades of wiring planned by the builder to accommodate future installation of an electric vehicle charging system; or

(III) A two-hundred-eight- to two-hundred-forty-volt alternating current plug-in receptacle in an appropriate place accessible to a motor vehicle parking area.

(b) A person that builds a new residence for which a buyer is under contract shall offer the buyer the opportunity to have the residence include an efficient electrical heating system, including an electric water heater, electric boiler, or electric furnace or heat-pump system.

(c) A person that builds a new residence for which a buyer is under contract shall offer the buyer pricing, energy efficiency, and utility bill information for each natural gas, electric, or other option available from and information pertaining to those options from the federal Energy Star program, as defined in section 6-7.5-102 (24), or similar information about energy efficiency and utilization reasonably available to the person building the residence.

(d) Subsection (1)(a) of this section does not apply to a residence in which the electrical system has been substantially installed before a buyer enters into a contract to purchase the residence. Subsection (1)(b) of this section does not apply to a residence in which the heating system has been substantially installed before a buyer enters into a contract to purchase the residence.

(2) To comply with this section, the offer required by subsection (1) of this section must be made in accordance with the builder's construction schedule for the residence.

(3) Nothing in this section precludes a person that builds a new residence from:

(a) Subjecting electric vehicle charging system upgrades to the same terms and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b) Selecting the contractors that will complete the installation of electric vehicle charging system upgrades;

(c) Stipulating in the purchase agreement or sales contract that:

(I) Electric vehicle charging system upgrades are based on technology available at the time of installation and might not support all electric vehicle charging systems or systems installed in the future; and

(II) The person that builds a new residence is not liable for any additional upgrades, retrofits, or other alterations to the residence necessary to accommodate an electric vehicle charging system installed in the future.

(4) As used in this section:

(a) "Electric vehicle charging system" means:

(I) An electric vehicle charging system as defined in section 38-12-601 (6)(a) that has power capacity of at least 6.2 kilowatts, that is Energy Star certified, and that has the ability to connect to the internet; or

(II) An inductive residential charging system for battery-powered electric vehicles that is certified by Underwriters Laboratories or an equivalent certification, that complies with the current version of article 625 of the National Electrical Code, published by the National Fire Protection Association, and other applicable industry standards, that is Energy Star certified, and that has the ability to connect to the internet.

(b) "Residence" means a single-family owner-occupied detached dwelling.

(5) (a) This section applies to contracts entered into on or after September 14, 2020, to purchase new residences built on or after September 14, 2020.

(b) This section does not apply to:

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

(II) A manufactured home as defined in section 24-32-3302 (20).
C.R.S. § 38-13-1104 — CO Code / Title 38 / Article 13 / Part 11 / Section 38-13-1104
38-13-1104. Judicial remedy
Status: in_force

38-13-1104. Judicial remedy. (1) Not later than ninety days after receiving notice of the administrator's determination under section 38-13-1011 or that a civil penalty has been imposed under section 38-13-1205, a putative holder or a holder may:

(a) File an action against the administrator in the district court for the city and county of Denver, challenging all or part of the administrator's determination of liability or imposition of a civil penalty and seeking a declaration that the determination or imposition is unenforceable, in whole or in part; or

(b) Pay the civil penalty or pay the amount or deliver the property the administrator determined must be paid or delivered to the administrator and, not later than six months after payment or delivery, file an action against the administrator in the district court for the city and county of Denver for a refund of all or part of the amount paid or return of all or part of the property delivered.

(2) If a holder pays a civil penalty or a putative holder pays or delivers property determined by the administrator to be paid or delivered to the administrator at any time after the holder or putative holder files an action under subsection (1)(a) of this section, the court shall continue the action as if it had been filed originally as an action for a refund or return of property under subsection (1)(b) of this section.

(3) On the final determination of an action filed under subsection (1) of this section, the court may, on application, award to the plaintiff their reasonable attorney fees, costs, and expenses of litigation.

(4) A holder or putative holder that is the prevailing party in an action under subsection (1) of this section for refund of money paid to the administrator is entitled to interest on the amount refunded, at the same rate a holder is required to pay to the administrator under section 38-13-1204 (1), from the date paid to the administrator until the date of the refund.
C.R.S. § 38-12-802 — CO Code / Title 38 / Article 12 / Part 8 / Section 38-12-802
38-12-802. Tenant payment - receipts
Status: in_force

38-12-802. Tenant payment - receipts. Upon receiving any payment made in person by a tenant with cash or a money order, a landlord shall contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment. If the landlord receives a payment that is not delivered in person by the tenant with cash or a money order, if requested by the tenant, the landlord shall, within seven days after the request, provide the tenant with a receipt indicating the amount the tenant paid, the recipient, and the date of payment, unless there is already an existing procedure that provides a tenant with a record of the payment received that indicates the amount the tenant paid, the recipient, and the date of payment. A landlord may provide the tenant with an electronic receipt, unless the tenant requests a paper receipt, in which case the landlord shall provide the tenant with a paper receipt. For purposes of this section, a receipt may be included as part of a billing statement.
C.R.S. § 38-13-201 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-201
38-13-201. When property presumed abandoned
Status: repealed

38-13-201. When property presumed abandoned. (1) Subject to section 38-13-210, the following property is presumed abandoned if it is unclaimed by the apparent owner during the period specified in this section:

(a) A traveler's check, fifteen years after issuance;

(b) A money order, seven years after issuance;

(c) A state or municipal bond, a bearer bond, or an original-issue-discount bond, three years after the earliest of the date the bond matures or is called or the obligation to pay the principal of the bond arises;

(d) A debt of a business association, three years after the obligation to pay arises;

(e) Repealed.

(f) Money or a credit owed to a customer as a result of a retail business transaction, other than in-store credit for returned merchandise, three years after the obligation arose;

(g) An amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, three years after the obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which an amount is owed on proof of death has not matured by proof of the death of the insured or annuitant, as follows:

(I) With respect to an amount owed on a life or endowment insurance policy, three years after the earlier of the date:

(A) The insurance company has knowledge of the death of the insured; or

(B) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve for the policy is based; and

(II) With respect to an amount owed on an annuity contract, three years after the date the insurance company has knowledge of the death of the annuitant;

(h) Property distributable by a business association in the course of dissolution, one year after the property becomes distributable;

(i) Property held by a court, including property received as proceeds of a class action, one year after the property becomes distributable;

(j) Property held by a government or governmental subdivision, agency, or instrumentality, including municipal bond interest and unredeemed principal under the administration of a paying agent or indenture trustee, one year after the property becomes distributable;

(k) Wages, commissions, bonuses, or reimbursements to which an employee is entitled, or other compensation for personal services, other than amounts held in a payroll card, one year after the amount becomes payable;

(l) Except as otherwise provided for unclaimed utility deposits under section 40-8.5-106, a deposit or refund owed to a subscriber by a utility, one year after the deposit or refund becomes payable; and

(m) All other property not specified in this section or sections 38-13-202 to 38-13-208 and 38-13-213 to 38-13-220, the earlier of three years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises.
C.R.S. § 38-33.3-205 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-205
38-33.3-205. Contents of declaration
Status: reserved

38-33.3-205. Contents of declaration. (1) The declaration must contain:

(a) The names of the common interest community and the association and a statement that the common interest community is a condominium, cooperative, or planned community;

(b) The name of every county in which any part of the common interest community is situated;

(c) A legally sufficient description of the real estate included in the common interest community;

(d) A statement of the maximum number of units that the declarant reserves the right to create;

(e) In a condominium or planned community, a description, which may be by plat or map, of the boundaries of each unit created by the declaration, including the unit's identifying number; or, in a cooperative, a description, which may be by plat or map, of each unit created by the declaration, including the unit's identifying number, its size or number of rooms, and its location within a building if it is within a building containing more than one unit;

(f) A description of any limited common elements, other than those specified in section 38-33.3-202 (1)(b) and (1)(d) or shown on the map as provided in section 38-33.3-209 (2)(j) and, in a planned community, any real estate that is or must become common elements;

(g) A description of any real estate, except real estate subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in section 38-33.3-202 (1)(b) and (1)(d), together with a statement that they may be so allocated;

(h) A description of any development rights and other special declarant rights reserved by the declarant, together with a description sufficient to identify the real estate to which each of those rights applies and the time limit within which each of those rights must be exercised;

(i) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with:

(I) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right or a statement that no assurances are made in those regards; and

(II) A statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate;

(j) Any other conditions or limitations under which the rights described in paragraph (h) of this subsection (1) may be exercised or will lapse;

(k) An allocation to each unit of the allocated interests in the manner described in section 38-33.3-207;

(l) Any restrictions on the use, occupancy, and alienation of the units and on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation, or casualty loss to the unit or to the common interest community or on termination of the common interest community;

(m) The recording data for recorded easements and licenses appurtenant to, or included in, the common interest community or to which any portion of the common interest community is or may become subject by virtue of a reservation in the declaration;

(n) All matters required by sections 38-33.3-201, 38-33.3-206 to 38-33.3-209, 38-33.3-215, 38-33.3-216, and 38-33.3-303 (4);

(o) Reasonable provisions concerning the manner in which notice of matters affecting the common interest community may be given to unit owners by the association or other unit owners;

(p) A statement, if applicable, that the planned community is a large planned community and is exercising certain exemptions from the "Colorado Common Interest Ownership Act" as such a large planned community;

(q) In a large planned community:

(I) A general description of every common element that the declarant is legally obligated to construct within the large planned community together with the approximate date by which each such common element is to be completed. The declarant shall be required to complete each such common element within a reasonable time after the date specified in the declaration, unless the declarant, due to an act of God, is unable to do so. The declarant shall not be legally obligated with respect to any common element not identified in the declaration.

(II) A general description of the type of any common element that the declarant anticipates may be constructed by, maintained by, or operated by the association. The association shall not assess members for the construction, maintenance, or operation of any common element that is not described pursuant to this subparagraph (II) unless such assessment is approved by the vote of a majority of the votes entitled to be cast in person or by proxy, other than by declarant, at a meeting duly convened as required by law.

(2) The declaration may contain any other matters the declarant considers appropriate.

(3) The plats and maps described in section 38-33.3-209 may contain certain information required to be included in the declaration by this section.

(4) A declarant may amend the declaration, a plat, or a map to correct clerical, typographical, or technical errors.

(5) A declarant may amend the declaration to comply with the requirements, standards, or guidelines of recognized secondary mortgage markets, the department of housing and urban development, the federal housing administration, the veterans administration, the federal home loan mortgage corporation, the government national mortgage association, or the federal national mortgage association.
C.R.S. § 38-41-207 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-207
38-41-207. Proceeds exempt - bona fide purchaser
Status: in_force

38-41-207. Proceeds exempt - bona fide purchaser. (1) The following proceeds are exempt from execution or attachment for a period of three years after receipt if the person entitled to the exemption keeps the exempted proceeds separate and apart from other money so that the proceeds may be always identified:

(a) The proceeds from the exempt amount under this part 2, in the event the property is sold by the owner;

(b) The proceeds from a sale of homestead property under section 38-41-206 paid to the owner of the property or person entitled to the homestead; or

(c) The proceeds from insurance covering destruction of homestead property held for use in restoring or replacing the homestead property, up to the amount specified in this section.

(2) If the person receiving the proceeds uses the proceeds in the acquisition of other property for a home, the same homestead exemption to which the owner was entitled on the property sold carries over to the new property. The homestead exemption is not valid against a person entitled to a vendor's lien or the holder of a purchase money mortgage against the new property.
C.R.S. § 38-43-107 — CO Code / Title 38 / Article 43 / Section 38-43-107
38-43-107. Title of purchaser
Status: in_force

38-43-107. Title of purchaser. Where any lease has been executed under the provisions of this article, the title of the lessee under such lease shall be indefeasible by any party to the suit, or by any person who was virtually represented therein by any party to the suit, or by any person who was not in being at the time the suit was commenced. If the decree or order under which such lease was executed is afterwards reversed or set aside for any reason, except for fraud, collusion, or other misconduct of the purchaser or lessee, the title of such purchaser or lessee shall not be affected thereby; but all subsequent orders and decrees shall affect only the proceeds of sale or the reversion subject to such lease, together with the proceeds, rentals, and royalties payable under the terms of the lease.
C.R.S. § 38-6-209 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-209
38-6-209. Hearing - notice - publication
Status: in_force

38-6-209. Hearing - notice - publication. After the report of the 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 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 any property damaged, appropriated, condemned, or assessed special benefits does not reside in the state or is a foreign corporation or in case the attorney for said petitioner files an affidavit that he has endeavored to find such person for the purpose of causing said person to be notified and that after reasonable effort he has been unable to find said person in the state, 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 judicial district. Said publication shall be in lieu of personal service of said notice on all such persons.
C.R.S. § 38-6-208 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-208
38-6-208. Commissioners - oaths - hearing
Status: in_force

38-6-208. Commissioners - oaths - hearing. The commissioners, before entering upon the duties of their office, shall take an oath to faithfully, promptly, and impartially discharge their duties as such commissioners. Any commissioner may administer oaths to witnesses produced before him. The commissioners may issue subpoenas and compel witnesses to attend and testify, may adjourn and hold meetings, and shall hear such proofs as may be presented to them.
C.R.S. § 38-7.5-102 — CO Code / Title 38 / Article 7.5 / Section 38-7.5-102
38-7.5-102. Motion for vesting - procedure with respect thereto
Status: in_force

38-7.5-102. Motion for vesting - procedure with respect thereto. (1) (a) The court shall set a date, not less than twenty-one days after the filing of a motion for vesting, for the hearing thereon, and the court shall require at least fourteen days notice to be given to each party to the proceeding whose interests would be affected by the taking requested.

(b) The averments in the motion and the necessity for the vesting of title, or some lesser estate, before the final determination of just compensation are deemed admitted unless such averments are controverted in a responsive pleading filed at or before the hearing on the motion for vesting.

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

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

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

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

(3) Failure to raise the issues enumerated in subsection (2) of this section, at or before the hearing on the motion for vesting, constitutes a waiver insofar as the issues relate to the property described in the motion for vesting. The court's order thereon is a final order, and an appeal may be obtained for the review thereof by either party within twenty-one days after the entry of the order but not thereafter unless the appellate court, on good cause shown, extends the time for obtaining an appeal within twenty-one days. Appellate review does not stay the other proceedings under this article 7.5 unless the appeal was obtained by the petitioner or unless an order staying such further proceedings is entered by the appellate court upon a showing of irreparable injury.

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

(5) (a) The commissioners, before entering upon the duties of their office, shall take an oath to faithfully and impartially discharge their duties as commissioners. Any one of the commissioners may administer oaths to witnesses produced before them.

(b) After taking their oath, the commissioners shall view the property, hear testimony, and consider evidence as is reasonably necessary to enable them to make a preliminary finding of an amount constituting just compensation for the taking of the property of the respondents named in the motion for vesting.

(c) After making a preliminary finding, the commissioners shall make, subscribe, and file a certified report meeting the requirements of section 38-1-115 with the clerk of the court in which such proceedings occur.

(d) Upon the motion of the petitioner filed within fourteen days of receipt of the notice provided for in section 38-7.5-103 (1), the court shall review the report of the commissioners, and, upon good cause shown by the petitioner, the court may order a new report by the same or different commissioners and void the report objected to. The appointment of any new commissioners and the preparation of the new report must be done in accordance with the provisions of this article 7.5.

(6) A preliminary finding of just compensation and any deposit made or security provided pursuant thereto is not evidence in the further proceedings to ascertain the just compensation to be paid and may not be disclosed in any manner to a jury impaneled in such proceedings.
C.R.S. § 38-13-601 — CO Code / Title 38 / Article 13 / Part 6 / Section 38-13-601
38-13-601. Definition of good faith
Status: in_force

38-13-601. Definition of good faith. (1) In this part 6, payment or delivery of property is made in good faith if a holder:

(a) Had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the administrator under this article 13; or

(b) Made payment or delivery:

(I) In response to a demand by the administrator or administrator's agent; or

(II) Under a guidance or ruling issued by the administrator that the holder reasonably believed required or permitted the property to be paid or delivered.
C.R.S. § 38-12-201.3 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-201.3
38-12-201.3. Legislative declaration - increased availability of mobile home parks
Status: in_force

38-12-201.3. Legislative declaration - increased availability of mobile home parks. The general assembly hereby finds and declares that mobile homes, manufactured housing, and factory-built housing are important and effective ways to meet Colorado's affordable housing needs. The general assembly further finds and declares that, because of the unique aspects of mobile homes and mobile home park ownership, there is a need to protect mobile home owners from eviction with short notice so as to prevent mobile home owners from losing their shelter as well as any equity in their mobile homes. The general assembly encourages local governments to allow and protect mobile home parks in their jurisdictions and to enact plans to increase the number of mobile home parks in their jurisdictions. The general assembly further encourages local governments to provide incentives to mobile home park owners to attract additional mobile home parks and to increase the viability of current parks.
C.R.S. § 38-13-206 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-206
38-13-206. When stored-value card presumed abandoned
Status: in_force

38-13-206. When stored-value card presumed abandoned. (1) Subject to section 38-13-210, the net value of a stored-value card other than a gift card is presumed abandoned on the latest of three years after:

(a) December 31 of the year in which the card is issued or additional funds are deposited into it;

(b) The most recent indication of interest in the card by the apparent owner; or

(c) A verification or review of the balance by or on behalf of the apparent owner.

(2) The amount presumed abandoned in a stored-value card is the net card value at the time it is presumed abandoned.
C.R.S. § 38-22-126 — CO Code / Title 38 / Article 22 / Section 38-22-126
38-22-126. Disburser - notice - duty of owner and disburser
Status: in_force

38-22-126. Disburser - notice - duty of owner and disburser. (1) For the purposes of this section, the word "disburser" means any lender who has agreed to make any loan to the owner or contractor, the proceeds of which are to be disbursed from time to time as work upon a structure or other improvement progresses, or any part of which is to be withheld until all or any part of such work is completed; or, any person who receives funds from any lender, contractor, or owner to be disbursed from time to time as work upon a structure or other improvement progresses, or any part of which is to be withheld until all or any part of such work is completed; or, any owner who has agreed to pay any sum to any contractor from time to time as work upon a structure or other improvement progresses, or any part of which is to be withheld until all or any part of such work is completed.

(2) It is the duty of the disburser, prior to the first disbursement, to see that there has been recorded in the office of the county clerk and recorder of the county where the land to be improved is situated, a notice stating the name and address of the owner, the names, addresses, and telephone numbers of the principal contractor, if any, and the disburser, and the legal description of the land and its address, if any. One notice may include as many parcels as desired, providing that all the information is stated as to each parcel. Such notice shall be indexed by the county clerk and recorder under the name of the owner and each principal contractor as grantors and according to address.

(3) It is the duty of any person upon ordering or contracting for any labor, services, machinery, tools, equipment, laborers, or materials to be used as provided in section 38-22-101, upon demand of the person from whom he or she is so ordering or with whom he or she is so contracting, to furnish to such person a statement of the names, addresses, and telephone numbers of the owner or reputed owner of the land to be improved, the principal contractor, if any, and the disburser, if any, as defined in subsection (1) of this section, together with a legal description or the address, if any, of the land to be improved.

(4) Any lien claimant who is entitled to a lien under this article may give notice to the disburser stating the property by address or legal description, or by such other description as will identify the real property; the claimant's name, address, and telephone number; the person with whom he has contracted; and a general statement of his contract.

(5) Such notice shall be in writing and shall be served upon the disburser by certified mail or by delivering the same personally to such disburser, or by leaving a copy at his residence or at his place of business with some person in charge.

(6) Upon such notice being received by the disburser, it is the duty of the disburser, before disbursing any funds to the person designated in said notice with whom said claimant has contracted, to ascertain the amount due to the claimant on any disbursement date, and to pay such amount directly to the claimant out of any undisbursed funds available for and due to said person designated in said notice on such date; except that any amounts actually paid by the disburser to others for labor, services, machinery, tools, equipment, and laborers or materials performed, supplied, or furnished for such structure or improvement that are chargeable to said person designated in said notice shall not be deemed available for said person designated in said notice; and further except that if the amount claimed by said claimant is disputed by said person designated in said notice, the disburser may impound such amount until the amount due is settled by agreement or final judicial determination.

(7) If the disburser fails to comply with subsection (6) of this section and the said claimant suffers loss by reason of said failure the disburser shall be liable to said claimant for the amount which the disburser should have paid claimant to the extent of claimant's loss.
C.R.S. § 38-45-103 — CO Code / Title 38 / Article 45 / Section 38-45-103
38-45-103. Carbon monoxide alarms in multi-family dwellings - rules
Status: in_force

38-45-103. Carbon monoxide alarms in multi-family dwellings - rules. (1) (a) Notwithstanding any other provision of law, the seller of every dwelling unit of an existing multi-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an operational carbon monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.

(b) By July 1, 2009, the real estate commission created in section 12-10-206 shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the requirements specified in subsection (1)(a) of this section.

(2) Notwithstanding any other provision of law, every dwelling unit of a multi-family dwelling that includes fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.

(3) No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.
C.R.S. § 38-8-109 — CO Code / Title 38 / Article 8 / Section 38-8-109
38-8-109. Defenses, liability, and protection of transferee
Status: in_force

38-8-109. Defenses, liability, and protection of transferee. (1) A transfer or obligation is not voidable under section 38-8-105 (1)(a) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

(2) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 38-8-108 (1)(a), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (3) of this section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:

(a) The first transferee of the asset or the person for whose benefit the transfer was made; or

(b) Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee.

(3) If the judgment under subsection (2) of this section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(4) Notwithstanding voidability of a transfer or an obligation under this article, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:

(a) A lien on or a right to retain any interest in the asset transferred;

(b) Enforcement of any obligation incurred; or

(c) A reduction in the amount of the liability on the judgment.

(5) A transfer is not voidable under section 38-8-105 (1)(b) or 38-8-106 if the transfer results from:

(a) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or

(b) Enforcement of a security interest in compliance with the provisions of the "Uniform Commercial Code - Secured Transactions", article 9 of title 4, C.R.S.

(6) A transfer is not voidable under section 38-8-106 (2):

(a) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;

(b) If made in the ordinary course of business or financial affairs of the debtor and the insider; or

(c) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
C.R.S. § 38-38-705 — CO Code / Title 38 / Article 38 / Part 7 / Section 38-38-705
38-38-705. Curative provisions
Status: in_force

38-38-705. Curative provisions. (1) If the public trustee fails to comply with any of the notice deadlines set forth in this article, unless the foreclosure has already been withdrawn by the holder of the evidence of debt or the holder's attorney, following written notice to the holder of the evidence of debt or the holder's attorney, the public trustee may rerecord the notice of election and demand, and the public trustee shall thereafter comply with all such notice deadlines from the last recording date as set forth on the rerecorded notice of election and demand as though such foreclosure had been commenced on such date.

(2) In the event of an error contained in any certificate of purchase, certificate of redemption, public trustee's deed, or other recorded document prepared by the office of the public trustee, the public trustee may correct such error by executing and recording a scrivener's error affidavit as set forth in section 38-35-109 (5).
C.R.S. § 38-21.5-102 — CO Code / Title 38 / Article 21.5 / Section 38-21.5-102
38-21.5-102. Lien established
Status: in_force

38-21.5-102. Lien established. Where a rental agreement is entered into between the owner and the occupant, the owner and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at the self-service storage facility for rent, labor, or other charges, present or future, including late fees as specified in section 38-21.5-101.5 (3), in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article 21.5. The lien attaches as of the date the personal property is brought to the self-service storage facility and continues so long as the owner retains possession and until the default is corrected, a sale is conducted, or the property is otherwise disposed of to satisfy the lien. Before taking enforcement action pursuant to section 38-21.5-103 (1)(b), the owner shall determine if a financing statement concerning the property to be sold or otherwise disposed of has been filed with the secretary of state in accordance with part 5 of article 9 of title 4.
C.R.S. § 38-35-114 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-114
38-35-114. Actions - parties to be named
Status: in_force

38-35-114. Actions - parties to be named. No person claiming any interest in real property under or through a person named as a defendant in an action concerning real property to which the Colorado rules of civil procedure are applicable need be made a party to such action unless his interest is shown of record in the office of the county clerk and recorder in the county where such real property is situated, and the decree shall be as conclusive against him as if he had been made a party. If such action is for the recovery of actual possession of the property, the party in actual possession shall be made a party.
C.R.S. § 38-3-105 — CO Code / Title 38 / Article 3 / Section 38-3-105
38-3-105. Judgment - appellate review
Status: in_force

38-3-105. Judgment - appellate review. Upon the payment into court of the compensation assessed, the court shall give judgment appropriating the lands, rights-of-way, or other rights or easements in lands, as the case may be, to the petitioner, and thereafter the same shall be the property of the petitioner. Either party to the action may appeal from the judgment in like manner and with like effect as in ordinary condemnation cases. Such appeal shall not stay the proceedings so as to prevent the petitioner from taking such lands into its possession and using them for the purposes of the petitioner or from proceeding to exercise the rights-of-way or other rights or easements appropriated.
C.R.S. § 38-36-134 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-134
38-36-134. Contents of decree - certified copy filed
Status: in_force

38-36-134. Contents of decree - certified copy filed. Every decree of registration shall bear the year, day, hour, and minute of its entry and shall be signed by one of the judges of the district court. It shall state whether the owner is married or unmarried and, if married, the name of the husband or wife. If the owner is under disability it shall state the nature of the disability, and, if a minor, shall state his age. It shall contain a description of the land as finally determined by the court and shall set forth the estate of the owner, and also, in such manner as to show their relative priority, all particular estates, mortgages, easements, liens, attachments, homesteads, and other encumbrances, including rights of husband and wife, if any, to which the land or the owner's estate is subject and shall contain any other matter or information properly to be determined by the court in pursuance of this article. The decree shall be stated in a convenient form for transcription upon the certificate of title, to be made as provided in section 38-36-139 by the registrar of titles. Immediately upon the filing of the decree of registration, the clerk shall file a certified copy thereof in the office of the registrar of titles.
C.R.S. § 38-13-702 — CO Code / Title 38 / Article 13 / Part 7 / Section 38-13-702
38-13-702. Disposal of securities
Status: in_force

38-13-702. Disposal of securities. (1) The administrator shall not sell or otherwise liquidate a security until three years after the administrator receives the security and gives the apparent owner notice under section 38-13-503 that the administrator holds the security. This subsection (1) applies to any security presumed abandoned under section 38-13-208 with a commencement date, reported under section 38-13-402, that is on or after July 1, 2014.

(2) The administrator shall not sell a security listed on an established stock exchange for less than the price prevailing on the exchange at the time of sale. The administrator may sell a security not listed on an established exchange by any commercially reasonable method.
C.R.S. § 38-13-1501 — CO Code / Title 38 / Article 13 / Part 15 / Section 38-13-1501
38-13-1501. Uniformity of application and construction
Status: in_force

38-13-1501. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
C.R.S. § 38-22-120 — CO Code / Title 38 / Article 22 / Section 38-22-120
38-22-120. Rules of civil procedure apply
Status: in_force

38-22-120. Rules of civil procedure apply. The provisions of the Colorado rules of civil procedure, insofar as the same are applicable and not in conflict with the provisions of this article, shall be observed in proceedings to establish and enforce mechanics' liens.
C.R.S. § 38-12-212.9 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-212.9
38-12-212.9. Language access requirements
Status: in_force

38-12-212.9. Language access requirements. (1) Except as otherwise provided in this part 2 or part 11 or 14 of this article 12, a landlord shall provide any notice, disclosure, or other communication that a landlord is required to provide to a resident pursuant to this part 2 or part 11 or 14 of this article 12, in English and Spanish. At any time, a resident may request that a landlord provide a notice, disclosure, or other communication in one additional language, other than English or Spanish, spoken by the resident. If a landlord receives a request to provide a notice, disclosure, or communication in one additional language other than English or Spanish, the landlord shall provide any subsequent notices, disclosures, or communications required pursuant to this part 2 or part 11 or 14 of this article 12 to the resident in the requested language. A landlord may provide a translation pursuant to this section virtually or through the use of an online translation program, including programs that may be published by the division, so long as the translated written notice, disclosure, or communication satisfies all applicable legal requirements.

(2) At any time, a resident may request that a landlord provide a written notice, disclosure, or other communication verbally in English one time to the resident in addition to providing the resident with a written notice, disclosure, or other communication. If the landlord receives a request to provide a notice, disclosure, or other communication verbally, the landlord shall read the notice, disclosure, or other communication aloud to the resident within seventy-two hours of the resident making the request. To satisfy the requirement of this subsection (2), a landlord may also provide an audio or video recording of the notice, disclosure, or other communication being read aloud.

(3) A landlord shall ensure that any notice, disclosure, or other communication required pursuant to this part 2 or part 11 or 14 of this article 12 is written in clear and plain language and includes all information reasonably necessary for the resident to understand the resident's rights and responsibilities. A translated notice, disclosure, or other communication must accurately convey the meaning of the original English notice, disclosure, or other communication. Each notice, disclosure, or other communication, regardless of the language, must be clear and unambiguous to ensure that it is easily understood by all park residents. A landlord shall make reasonable efforts to provide a notice, disclosure, or other communication in the simplest language practicable to convey the required message.

(4) A resident may respond in English or Spanish to any notice, disclosure, or other communication provided by a landlord. A resident who has requested that a landlord provide a notice, disclosure, or other communication in a language other than English or Spanish may respond to the notice, disclosure, or other communication in the requested language.

(5) A resident may request that a landlord provide an interpreter in one language in addition to English and Spanish that the resident uses for any non-written notice, disclosure, or other communication with residents, including in a meeting required pursuant to section 38-12-206. A landlord shall provide an interpreter in the requested language and may provide the interpretation in person or virtually through an interpretation service, including a virtual or remote language line that provides live interpretation by a trained interpreter. Non-written language includes American sign language.
C.R.S. § 38-4-114 — CO Code / Title 38 / Article 4 / Section 38-4-114
38-4-114. Tramway company to file map
Status: in_force

38-4-114. Tramway company to file map. Any such aerial tramway corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed route for which it desires a right-of-way, together with a statement showing the route of the proposed tramway and the patented or unpatented mining claims or other property over or across which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed route.
C.R.S. § 38-38-109 — CO Code / Title 38 / Article 38 / Part 1 / Section 38-38-109
38-38-109. Continuance of sale - effect of bankruptcy - withdrawal of sale
Status: repealed

38-38-109. Continuance of sale - effect of bankruptcy - withdrawal of sale. (1) Continuance. (a) For any reason deemed by the officer to be good cause or upon written request by the holder of the evidence of debt or by the attorney for the holder, at any time before commencement of the sale, the officer may continue the sale to a later date by making, at the time and place designated for the sale, an oral announcement of the time and place of such continuance, or by posting or providing a notice of the continuance at the time and place designated for the sale, which shall include the time and place to which the sale is continued. Except as provided in subparagraph (I) of paragraph (b) of subsection (2) of this section, a sale that is not held on the then-scheduled date of sale and is not continued from the then-scheduled date of sale pursuant to this paragraph (a) shall be deemed to have been continued for a period of one week, and from week to week thereafter in like manner, until the sale is held or otherwise continued pursuant to this paragraph (a). No sale shall be continued to a date later than twelve months from the originally designated date in the combined notice, except as provided in subsection (2) of this section.

(b) At the request of the holder of the evidence of debt or the attorney for the holder or upon the officer's own initiative, the officer shall correct any errors in a published combined notice and shall continue the then-scheduled date of sale to a future date within the period of continuance allowed by paragraph (a) of this subsection (1) to permit a corrected combined notice to be published or the original combined notice to be republished pursuant to section 38-38-103 (5). If the officer failed to publish the combined notice as required by section 38-38-103 (5), the officer shall continue the then-scheduled date of sale to a future date within the period of continuance allowed by paragraph (a) of this subsection (1). The future date of sale to which the sale is continued pursuant to this paragraph (b) shall be no later than thirty calendar days after the fifth publication of the corrected combined notice or republished combined notice. The officer shall mail a copy of the combined notice, or corrected combined notice if the original combined notice was erroneous, to the persons and addresses on the most recent amended mailing list no later than ten calendar days after the first correct publication or republication and no less than forty-five calendar days prior to the actual date of sale in the same manner as set forth in section 38-38-103. If there is no amended mailing list, the officer shall mail a copy of the combined notice, or corrected combined notice if the original combined notice was erroneous, to the persons as set forth in the mailing list.

(c) (I) (A) If a cure statement is not timely filed, the sale will be continued pursuant to section 38-38-104 (7).

(B) (Deleted by amendment, L. 2009, (HB 09-1207), ch. 164, p. 715, § 11, effective January 1, 2010.)

(C) Repealed.

(II) (Deleted by amendment, L. 2009, (HB 09-1207), ch. 164, p. 715, § 11, effective January 1, 2010.)

(III) When the property is to be sold by the sheriff, if the cure statement is not filed with the sheriff by 12 noon on the seventh calendar day before the last date of sale permitted under paragraph (a) of this subsection (1), the foreclosure action shall be deemed dismissed, and the holder of the evidence of debt or the attorney for the holder shall file a motion to dismiss with the court. Upon good cause shown, the holder or the attorney for the holder may file a motion with the court requesting further relief as the court may deem necessary or appropriate in the circumstances. The sheriff shall record the order of dismissal or other order of the court and collect all fees and costs actually incurred by the sheriff.

(2) Effect of bankruptcy proceedings. (a) If all publications of the combined notice prescribed by section 38-38-103 (5) or 13-56-201 (1), C.R.S., have been completed before a bankruptcy petition has been filed that automatically stays the officer from conducting the sale, the officer shall announce, post, or provide notice of that fact on the then-scheduled date of sale, take no action at the then-scheduled sale, and allow the sale to be automatically continued from week to week in accordance with paragraph (a) of subsection (1) of this section unless otherwise requested in writing prior to any such date of sale by the holder of the evidence of debt or the attorney for the holder.

(b) (I) If the publications of the combined notice prescribed by section 38-38-103 (5) or 13-56-201 (1), C.R.S., have not been started or if all the publications have not been completed before the day a bankruptcy petition has been filed that automatically stays the officer from conducting the sale, the officer shall immediately cancel any remaining publications of the combined notice and, on the date set for the sale, announce, post, or provide a notice that the sale has been enjoined or has been stayed by the automatic stay provisions of the federal bankruptcy code of 1978, title 11 of the United States Code, as amended. The sale shall not be continued under paragraph (a) of subsection (1) of this section.

(II) (A) Upon the termination of any injunction or upon the entry of a bankruptcy court order dismissing the bankruptcy case, abandoning the property being foreclosed, closing the bankruptcy case, or granting relief from the automatic stay provisions of the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, and upon receipt of a request from the holder of the evidence of debt or the attorney for the holder to restart the action, the public trustee shall rerecord the notice of election and demand and proceed with all additional foreclosure procedures provided by this article 38 as though the foreclosure had just been commenced.

(B) If the request is not received by the public trustee within one year from the date of the termination of any injunction or the entry of a bankruptcy court order dismissing the bankruptcy case, abandoning the property being foreclosed, closing the bankruptcy case, or granting relief from the automatic stay, the foreclosure shall be withdrawn according to subsection (3)(b) of this section.

(III) When the property is to be sold by the sheriff under any statutory or judicial foreclosure or upon execution and levy made pursuant to any court order or decree, upon the notification of termination of any injunction or upon the entry of a bankruptcy court order dismissing the bankruptcy case, abandoning the property being foreclosed, closing the bankruptcy case, or granting relief from the automatic stay provisions of the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, the sheriff shall forthwith establish a new date of sale and republish a new combined notice pursuant to section 13-56-201 (1), C.R.S.

(c) (I) If a sale is held in violation of the automatic stay provisions of the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, and an order is subsequently entered by a bankruptcy court of competent jurisdiction dismissing the bankruptcy, abandoning the property being foreclosed, or closing the bankruptcy case, or an order is subsequently entered granting relief from the automatic stay provided by the federal bankruptcy code, then the evidence of debt, deed of trust, or other lien being foreclosed shall immediately be deemed reinstated, and the deed of trust or other lien shall have the same priority as if the sale had not occurred. Immediately upon reinstatement, the power of sale provided therein, if any, shall be deemed revived.

(II) If the holder of the evidence of debt, deed of trust, or other lien reinstated pursuant to this subsection (2)(c) or the attorney for the holder notifies the officer in writing of the entry of an order dismissing the bankruptcy case, abandoning the property being foreclosed, closing the bankruptcy case, or granting relief from the automatic stay provided by the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, no later than fifty calendar days prior to the last possible sale date pursuant to subsections (1)(a) and (2)(e) of this section, the officer shall set a new date of sale at least twenty-four calendar days but not more than forty-nine calendar days after the date on which the official receives such notice. No later than ten business days after receiving such notice, the officer shall mail an amended combined notice containing the date of the rescheduled sale to each person appearing on the most recent mailing list. No later than twenty calendar days after receiving such notice, but no less than ten calendar days prior to the new date of sale, the officer shall publish the amended combined notice, omitting the copies of the statutes, one time only in a newspaper of general circulation in the county where the property is located.

(III) If the holder of the evidence of debt, deed of trust, or other lien reinstated pursuant this subsection (2)(c) or the attorney for the holder does not notify the officer in writing of the entry of an order dismissing the bankruptcy case, abandoning the property being foreclosed, closing the bankruptcy case, or granting relief from the automatic stay provided by the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, within the time allowed under subsection (2)(c)(II) of this section, the officer shall administratively withdraw the sale pursuant to subsection (3)(b) of this section upon receipt of the order dismissing the bankruptcy case, abandoning the property being foreclosed, closing the bankruptcy case, or granting relief from the automatic stay provided by the federal bankruptcy code of 1978, title 11 of the United States Code, as amended.

(IV) All fees and costs of providing and publishing the amended combined notice and publication shall be part of the foreclosure costs.

(d) If a sale is set aside by court order, unless the court order specifies otherwise, the following procedures apply:

(I) Upon receipt of the court order, the public trustee's fee specified in section 38-37-104 (1)(b)(XI), and the costs of recording the court order as specified in this subsection (2)(d), the public trustee shall attach to the order a copy of the certificate of purchase, any assignments thereof, and, if applicable, the confirmation deed, each marked "null and void", and record the order together with these documents.

(II) Upon recordation of the court order, the certificate of purchase shall be deemed canceled as if the sale had not occurred, and the evidence of debt and deed of trust are deemed fully reinstated with the same lien priority as if the sale had not occurred.

(III) Within ten calendar days after receipt of all documents, fees, and costs specified in this subsection (2)(d), the public trustee shall mail a copy of the court order to each person entitled to receive the combined notice pursuant to section 38-38-103.

(IV) (A) After the recording of the court order, the holder of the evidence of debt or the holder's assignee or the attorney for the holder or the attorney for the assignee may notify the public trustee in writing to reschedule the sale within one year of the issuance of the order. The public trustee shall set a new date of sale at least thirty calendar days but not more than forty-five calendar days after the date on which the public trustee receives notice to schedule a new date of sale subject to the requirements of subsections (1)(a) and (2)(e) of this section, but not earlier than the scheduled sale date as of the date of the court order.

(B) No later than ten calendar days after receiving notice to schedule a new date of sale, the public trustee shall mail a combined notice setting forth the rescheduled date of sale to each person entitled to receive the combined notice pursuant to section 38-38-103.

(C) No later than twenty calendar days after receiving notice to schedule a new date of sale, but no less than ten calendar days prior to the new date of sale, the public trustee shall publish the sale one time only. Such publication must be in the format specified for publication by section 38-38-103.

(D) All fees and costs of the public trustee for actions performed under this section and the cost of recording the court order and documents incorporated into the court order by attachment are part of the foreclosure costs.

(E) After a sale has been set aside and subsequently rescheduled pursuant to this subsection (2)(d)(IV), the sale may be continued in accordance with subsections (1)(a) and (2)(e) of this section.

(F) If a written request to reschedule the sale is not received by the public trustee within one year of the issuance of the order, the foreclosure must be withdrawn according to subsection (3)(b) of this section.

(V) Nothing in this section prevents the foreclosing lender from seeking a rescission of sale pursuant to section 38-38-113 if the requirements within section 38-38-113 (1) are met.

(e) The periods for which a sale may be continued under this subsection (2) shall be in addition to the twelve-month period of continuance provided by subsection (1) of this section.

(3) Withdrawal. (a) If the holder of the evidence of debt or the attorney for the holder files with the public trustee, prior to sale, a written withdrawal of the notice of election and demand, the foreclosure proceedings shall terminate. The public trustee shall record the withdrawal and collect all fees and costs owed and incurred, including a withdrawal fee in the amount authorized by section 38-37-104 (1)(b)(V).

(b) If there is no sale and if a withdrawal is not filed within forty-five calendar days after the last date of sale permitted by law, the public trustee may transmit by mail or electronic transmission to the attorney for the holder of the evidence of debt, or if no attorney then to the holder, a notice that a withdrawal of the notice of election and demand may be recorded by the public trustee unless a response requesting that such withdrawal be delayed for ninety calendar days is received by the public trustee within thirty calendar days after the date the public trustee's notice is transmitted. If such response is received by the public trustee and there is no sale nor is a withdrawal filed within the ninety-day delay, the public trustee may record a withdrawal of the notice of election and demand. If no such response is received by the public trustee within thirty calendar days after the notice is transmitted, the public trustee may record a withdrawal of the notice of election and demand at any time after the expiration of such thirty-day notice period. If a withdrawal is recorded during the pendency of an automatic stay imposed on the sale based on any proceeding filed under the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, the withdrawal shall be void and of no force and effect, and the public trustee shall mail to all persons on the mailing list a notice that the withdrawal of the notice of election and demand occurred during the pendency of an injunction or bankruptcy stay and is void and of no force and effect. The public trustee shall cause the notice to be recorded in the office of the county clerk and recorder of the county where the property described in the notice is located. All unpaid fees and costs owed and incurred by the public trustee, as well as a withdrawal fee in the amount authorized by section 38-37-104 (1)(b)(VI), shall be paid by the holder. The amount due shall accrue interest at the rate provided by law. Until all amounts due and owing are paid, the public trustee shall be entitled to hold all documentation in the public trustee's possession and to withhold all other services requested by the holder or the attorney for the holder with respect to the deed of trust or other lien being foreclosed.
C.R.S. § 38-34-105 — CO Code / Title 38 / Article 34 / Section 38-34-105
38-34-105. When deed transferred before formation - definitions
Status: in_force

38-34-105. When deed transferred before formation - definitions. (1) If a grantee described in a deed as an entity has not been formed at the time of the delivery of the deed to the grantee, the title to the real property described in the deed vests in the grantee when the entity is formed, and no other instrument of conveyance is required.

(2) As used in this section:

(a) "Entity" has the meaning specified in section 7-90-102 (20), C.R.S.

(b) "Formed" has the meaning specified in section 7-90-102 (29.5), C.R.S.
C.R.S. § 38-25.5-103 — CO Code / Title 38 / Article 25.5 / Section 38-25.5-103
38-25.5-103. Copies of returns and filings - summary statement - fees
Status: in_force

38-25.5-103. Copies of returns and filings - summary statement - fees. (1) As soon as practical but in no event later than thirty days after receipt of a written request from a taxpayer or authorized person, the treasurer of a public entity shall provide, as to taxes of the public entity which are specifically identified in the request, either copies of returns and filings by the taxpayer which are in the possession or custody of the public entity or a summary statement of tax payments made by the taxpayer to the public entity. A request made under the provisions of this section shall be limited to the current year and the previous three years. A request made by an authorized person shall be limited to the extent set forth in the written authorization of the authorized person.

(2) A request made pursuant to this section may be either in the form of a request for copies of tax returns and filings or in the form of a request for a summary statement but may not contain both types of requests. If the specified form of the request cannot be readily complied with by the treasurer, the treasurer shall so notify the requesting party and may comply with the request by furnishing the information in the alternative form.

(3) (a) A fee of ten dollars shall be collected for each specifically identified tax included in such summary statement issued by a public entity. A fee of one dollar and twenty-five cents shall be collected for each page of tax returns and filings of a taxpayer copied and delivered by a public entity.

(b) Notwithstanding the amount of any fee specified in paragraph (a) of this subsection (3), if the public entity collecting the fee is a state agency, the executive director of the state agency by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the state agency by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(4) This section shall not apply to general taxes for real property as governed by articles 1 to 14 of title 39, C.R.S.
C.R.S. § 38-35.7-103 — CO Code / Title 38 / Article 35.7 / Section 38-35.7-103
38-35.7-103. Disclosure - methamphetamine laboratory
Status: in_force

38-35.7-103. Disclosure - methamphetamine laboratory. (1) A buyer of residential real property has the right to test the property for the purpose of determining whether the property has ever been used as a methamphetamine laboratory.

(2) (a) Tests conducted pursuant to this section shall be performed by a certified industrial hygienist or industrial hygienist, as those terms are defined in section 24-30-1402, C.R.S., and in accordance with the procedures and standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S. If the buyer's test results indicate that the property has been contaminated with methamphetamine or other contaminants for which standards have been established pursuant to section 25-18.5-102, C.R.S., and has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., the buyer shall promptly give written notice to the seller of the results of the test, and the buyer may terminate the contract. The contract shall not limit the rights to test the property or to cancel the contract based upon the result of the tests.

(b) The seller shall have thirty days after receipt of the notice to conduct a second independent test. If the seller's test results indicate that the property has been used as a methamphetamine laboratory but has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., then the second independent hygienist shall so notify the seller.

(c) If the seller receives a notice under this subsection (2) and does not elect to have the property retested under this subsection (2), then an illegal drug laboratory used to manufacture methamphetamine has been discovered. Nothing in this section prohibits a buyer from purchasing the property and assuming liability under section 25-18.5-103, C.R.S., if, on the date of closing, the buyer provides notice to the department of public health and environment and governing body of the purchase and assumption of liability and if the remediation required by section 25-18.5-103, C.R.S., is completed within ninety days after the date of closing.

(3) (a) Except as specified in subsection (4) of this section, the seller shall disclose in writing to the buyer whether the seller knows that the property was previously used as a methamphetamine laboratory.

(b) A seller who fails to make a disclosure required by this section at or before the time of sale and who knew of methamphetamine production on the property is liable to the buyer for:

(I) Costs relating to remediation of the property according to the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S.;

(II) Costs relating to health-related injuries occurring after the sale to residents of the property caused by methamphetamine production on the property; and

(III) Reasonable attorney fees for collection of costs from the seller.

(c) A buyer shall commence an action under this subsection (3) within three years after the date on which the buyer closed the purchase of the property where the methamphetamine production occurred.

(4) If the seller becomes aware that the property was an illegal methamphetamine drug laboratory, remediates the property in accordance with the standards established pursuant to section 25-18.5-102, and receives certificates of compliance under section 25-18.5-102 (1)(e), then:

(a) The seller is not required to disclose that the property was used as an illegal methamphetamine drug laboratory to a buyer; and

(b) Five years after the later date on the certificates of compliance issued pursuant to section 25-18.5-102 (1)(e), the property is no longer included in the database listing properties that have been used as an illegal methamphetamine drug laboratory in accordance with section 25-18.5-106 (2).

(5) For purposes of this section, "residential real property" or "property" includes a manufactured home; mobile home; condominium; townhome; home sold by the owner, a financial institution, or the federal department of housing and urban development; rental property, including an apartment; and short-term residence such as a motel or hotel.
C.R.S. § 38-29-135 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-135
38-29-135. Second or other junior mortgages
Status: in_force

38-29-135. Second or other junior mortgages. (1) On and after July 1, 1977, any person who takes a second or other junior mortgage on a manufactured home for which a Colorado certificate of title has been issued may file said mortgage for public record and have the existence thereof noted on the certificate of title with like effect as in other cases, in the manner prescribed in this section.

(2) Such second or junior mortgagee or the holder thereof shall file said mortgage with the authorized agent of the county wherein the manufactured home is located and shall accompany said mortgage with a written request to have the existence thereof noted on the certificate of title to the manufactured home covered thereby, subscribed by such mortgagee or holder, in which shall appear the names and addresses of the holders of all outstanding mortgages against the home described in said second or junior mortgage and the name and address of the person in possession of the certificate of title thereto. Upon the filing of such mortgage, the authorized agent shall note thereon the day and hour on which such mortgage was received by him and shall make and deliver a receipt therefor to the person filing the same.

(3) The authorized agent, by registered mail, return receipt requested, shall make a written demand on the holder of the certificate of title, addressed to such person at his address as the same may appear in said written request, that such certificate be delivered to the authorized agent for the purpose of having noted thereon such second or junior mortgage. Within fifteen days after the receipt of such demand, the person holding such certificate shall either mail or deliver the same to such authorized agent or, if he no longer has possession thereof, shall so notify the agent and, if he knows, shall likewise inform him where and from whom such certificate may be procured. Upon the receipt of such certificate, the authorized agent shall complete his application for a new title and record the number thereof on the mortgage, as in the case of a first mortgage, and shall thereafter transmit the current certificate of title and application for a new certificate of title to the director. Upon the receipt thereof, the director, as in the case of a first mortgage, shall thereupon issue a new certificate of title on which the existence of all mortgages on the manufactured home, including such second or junior mortgage, have been noted, which certificate he shall dispose of as in other cases.

(4) If any person lawfully in possession of a certificate of title to any manufactured home upon whom demand is made for the delivery thereof to the authorized agent omits, for any reason whatsoever, to deliver or mail the same to the authorized agent, such person shall be liable to the holder of such second or junior mortgage for all damage sustained by reason of such omission.
C.R.S. § 38-30-115 — CO Code / Title 38 / Article 30 / Section 38-30-115
38-30-115. Deeds - bargain and sale - special warranty
Status: repealed

38-30-115. Deeds - bargain and sale - special warranty. (Repealed)
C.R.S. § 38-22-121 — CO Code / Title 38 / Article 22 / Section 38-22-121
38-22-121. Liens of surveyors and engineers
Status: in_force

38-22-121. Liens of surveyors and engineers. The provisions of this article shall apply to surveyors, civil and mining engineers doing any work of surveying or plotting of any mines, mining claims, lodes, or mineral deposits, and they shall have like lien and claim as other persons under the provisions of this article.
C.R.S. § 38-5.5-105 — CO Code / Title 38 / Article 5.5 / Section 38-5.5-105
38-5.5-105. Power of companies to contract
Status: in_force

38-5.5-105. Power of companies to contract. Any domestic or foreign telecommunications provider or broadband provider has the power to contract with any individual; corporation; or the owner of any lands, franchise, easement, or interest therein over or under which the provider's conduits; cable; switches; communications or broadband facilities, including small cell facilities and small cell networks; or related appurtenances and facilities are proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of the facilities or for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation.
C.R.S. § 38-39-103 — CO Code / Title 38 / Article 39 / Part 1 / Section 38-39-103
38-39-103. Effect of release or partial release before maturity of evidence of debt - relea
Status: in_force

38-39-103. Effect of release or partial release before maturity of evidence of debt - release is good as to recitals. (1) In any executed and recorded release or partial release of any deed of trust affecting the title to real estate in this state, whether or not such release is executed before the maturity of the indebtedness so secured, the recital of the following shall constitute evidence thereof, so as to give full effect to such release:

(a) That the indebtedness secured by such deed of trust has been fully or partially paid; or

(b) That the purpose of the deed of trust has been fully or partially satisfied.

(2) Any release of deed of trust shall be good and valid as to the recitals therein, whether made to the original grantor of said deed of trust or to a subsequent purchaser of the property described in such release of deed of trust.
C.R.S. § 38-29-134 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-134
38-29-134. Priority of mortgages
Status: in_force

38-29-134. Priority of mortgages. The liens of mortgages filed for record and noted on a certificate of title to a manufactured home, as provided in sections 38-29-128 and 38-29-135, shall take priority in the same order that the mortgages creating such liens were filed in the office of the authorized agent.
C.R.S. § 38-37-100.5 — CO Code / Title 38 / Article 37 / Section 38-37-100.5
38-37-100.5. Definitions
Status: in_force

38-37-100.5. Definitions. The definitions in section 38-38-100.3 apply to this article unless the context otherwise requires.
C.R.S. § 38-42-106 — CO Code / Title 38 / Article 42 / Section 38-42-106
38-42-106. Record of lease no longer notice unless affidavit recorded
Status: in_force

38-42-106. Record of lease no longer notice unless affidavit recorded. (1) The lessee of any oil, gas, or other mineral lease given on or after March 28, 1967, on land situated in this state or any owner of a partial interest in such lease shall, prior to the expiration of six months after the expiration of the primary or definite term set forth in the lease, record in the office of the county clerk and recorder of the county wherein such land is situate an affidavit if the affiant claims an extension of the term of the lease beyond the primary or definite term thereof. If no such affidavit is recorded, then six months after the expiration of the primary or definite term of such lease, the record thereof, if any, shall cease to be notice and shall have no more effect than an unrecorded instrument.

(2) The lessee of any oil, gas, or other mineral lease given prior to March 28, 1967, on land situated in this state or any owner of a partial interest in such lease shall, within six years after March 28, 1967, or prior to the expiration of six months after the expiration of the primary or definite term set forth in the lease, whichever is later, record in the office of the county clerk and recorder of the county wherein such land is situate an affidavit if the affiant claims an extension of the term of the lease beyond the primary or definite term thereof. If such affidavit is not so recorded, then after the expiration of such six-year period, or six months after the expiration of the primary or definite term set forth in the lease, whichever is later, the record of such lease, if any, shall cease to be notice and shall have no more effect than an unrecorded instrument.
C.R.S. § 38-26-110 — CO Code / Title 38 / Article 26 / Section 38-26-110
38-26-110. Excessive amounts claimed
Status: in_force

38-26-110. Excessive amounts claimed. (1) Any person who files a verified statement of a claim or asserts a claim against a principal or surety that has furnished a bond under this article for an amount greater than the amount due without a reasonable possibility that the amount claimed is due and with the knowledge that the amount claimed is greater than the amount due, and that fact is demonstrated in any proceedings under this article, shall forfeit all rights to the amount claimed and shall be liable to the following in an amount equal to all costs and all attorney fees reasonably incurred in bonding over, contesting, or otherwise responding in any way to the excessive verified statement of claim or excessive bond claim:

(a) The person to whom or which a disbursement would be made but for the verified statement of a claim or bond claim; or

(b) The principal and surety on the bond.
C.R.S. § 38-25.5-105 — CO Code / Title 38 / Article 25.5 / Section 38-25.5-105
38-25.5-105. Department of revenue fees
Status: in_force

38-25.5-105. Department of revenue fees. Except as provided in section 38-25.5-103.5, fees collected by the department of revenue pursuant to this article shall be deposited in the state treasury in the tax lien certification fund which is hereby created. Moneys so deposited and all interest earned on such moneys shall be used by the department of revenue for the purposes of this article in accordance with the annual appropriation by the general assembly and shall not be deposited in or transferred to the general fund; except that moneys in excess of the maximum reserve, as defined in section 24-75-402 (2)(e.5), C.R.S., that remain in the fund at the end of any state fiscal year commencing on or after July 1, 2000, shall be transferred to the general fund.
C.R.S. § 38-1-112 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-112
38-1-112. Payment to clerk or owner
Status: in_force

38-1-112. Payment to clerk or owner. Payment of compensation adjudged may in all cases be made to the court or the clerk thereof, who shall on demand pay the same to the party entitled thereto, taking receipt therefor. Payment may be made to the party entitled thereto or to his conservator or guardian.
C.R.S. § 38-33.3-316.5 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-316.5
38-33.3-316.5. Time share estate - foreclosure - definitions
Status: in_force

38-33.3-316.5. Time share estate - foreclosure - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Junior lienor" has the same meaning as set forth in section 38-38-100.3 (12), C.R.S.

(b) "Obligor" means the person liable for the assessment levied against a time share estate pursuant to section 38-33.3-316 or the record owner of the time share estate.

(c) "Time share estate" has the same meaning as set forth in section 38-33-110 (5).

(2) A plaintiff may commence a single judicial foreclosure action pursuant to section 38-33.3-316 (11), joining as defendants multiple obligors with separate time share estates and the junior lienors thereto, if:

(a) The judicial foreclosure action involves a single common interest community;

(b) The declaration giving rise to the right of the association to collect assessments creates default and remedy obligations that are substantially the same for each obligor named as a defendant in the judicial foreclosure action;

(c) The action is limited to a claim for judicial foreclosure brought pursuant to section 38-33.3-316 (11); and

(d) The plaintiff does not allege, with respect to any obligor, that the association's lien is prior to any security interest described in section 38-33.3-316 (2)(a)(II), even if such a claim could be made pursuant to section 38-33.3-316 (2)(b)(I).

(3) In a judicial foreclosure action in which multiple obligors with separate time share estates and the junior lienors thereto have been joined as defendants in accordance with this section:

(a) In addition to any other circumstances where severance is proper under the Colorado rules of civil procedure, the court may sever for separate trial any disputed claim or claims;

(b) If service by publication of two or more defendants is permitted by law, the plaintiff may publish a single notice for all joined defendants for whom service by publication is permitted, so long as all information that would be required by law to be provided in the published notice as to each defendant individually is included in the combined published notice. Nothing in this paragraph (b) shall be interpreted to allow service by publication of any defendant if service by publication is not otherwise permitted by law with respect to that defendant.

(c) The action shall be deemed a single action, suit, or proceeding for purposes of payment of filing fees, notwithstanding any action by the court pursuant to paragraph (a) of this subsection (3), so long as the plaintiff complies with subsection (2) of this section.

(4) Notwithstanding that multiple obligors with separate time share estates may be joined in a single judicial foreclosure action, unless otherwise ordered by the court, each time share estate foreclosed pursuant to this section shall be subject to a separate foreclosure sale, and any cure or redemption rights with respect to such time share estate shall remain separate.

(5) The plaintiff in an action brought pursuant to this section is deemed to waive any claims against a defendant for a deficiency remaining after the foreclosure of the lien for assessment and for attorney fees related to the foreclosure action.
C.R.S. § 38-33-104 — CO Code / Title 38 / Article 33 / Section 38-33-104
38-33-104. Assessment of condominium ownership
Status: in_force

38-33-104. Assessment of condominium ownership. Whenever condominium ownership of real property is created or separate assessment of condominium units is desired, a written notice thereof shall be delivered to the assessor of the county in which said real property is situated, which notice shall set forth descriptions of the condominium units. Thereafter all taxes, assessments, and other charges of this state or of any political subdivision, or of any special improvement district, or of any other taxing or assessing authority shall be assessed against and collected on each condominium unit, each of which shall be carried on the tax books as a separate and distinct parcel for that purpose and not on the building or property as a whole. The valuation of the general and limited common elements shall be assessed proportionately upon the individual air space unit in the manner provided in the declaration. The lien for taxes assessed to any individual condominium owner shall be confined to his condominium unit and to his undivided interest in the general and limited common elements. No forfeiture or sale of any condominium unit for delinquent taxes, assessments, or charges shall divest or in any way affect the title of other condominium units.
C.R.S. § 38-12-508 — CO Code / Title 38 / Article 12 / Part 5 / Section 38-12-508
38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a
Status: repealed

38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a breach. (1) It is a defense to a tenant's claim of breach of the warranty of habitability that the tenant's actions or inactions prevented the landlord from remedying or repairing the condition underlying the breach of the warranty of habitability. For a landlord to prevail on such defense to a tenant's claim of breach of the warranty of habitability, a landlord must demonstrate that:

(a) The tenant:

(I) Refused to provide or accept a proposed reasonable alternative date and time for entry into the dwelling unit;

(II) Unreasonably denied entry to the dwelling unit; or

(III) Engaged in any other action or inaction that unreasonably delayed or otherwise prevented the landlord from commencing, maintaining, or completing the remedial action; and

(b) The tenant's actions described in subsection (1)(a) of this section made it impracticable for the landlord to reasonably remedy or repair the condition.

(2) to (4) Repealed.

(5) If the condition alleged to breach the warranty of habitability is the result of the action or inaction of a third party not under the direction and control of the landlord and the landlord has taken reasonable, necessary, and timely steps to remedy or repair the condition, but is unable to remedy or repair the condition due to circumstances beyond the landlord's reasonable control, the tenant's only remedy is termination of the rental agreement consistent with section 38-12-507 (1)(a).

(6) For public housing authorities and other housing providers receiving federal financial assistance directly from the federal government, no provision of this part 5 in direct conflict with any federal law or regulation shall be enforceable against such housing provider.
C.R.S. § 38-36-167 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-167
38-36-167. How transfer in trust registered
Status: in_force

38-36-167. How transfer in trust registered. (1) Whenever a deed or other instrument is filed in the office of the registrar of titles for the purpose of effecting a transfer of, or a charge upon, the registered land or any estate or interest in the same, and it appears that the transfer or charge is to be in trust, or upon condition or limitation expressed in such deed or instrument, such deed or instrument shall be registered in the usual manner; except that the particulars of the trust, condition, limitation, or other equitable interest shall not be entered upon the certificate of title by memorial, but a memorandum or memorial shall be entered by the words "in trust" or "upon condition", or other apt words, and by reference by number to the instrument authorizing or creating the same. A similar memorial shall be made upon the owner's duplicate certificate.

(2) No transfer of or charge upon or dealing with the land or estate, or interest therein, shall thereafter be registered, except upon an order of the court first filed in the office of the registrar of titles directing such transfer, charge, or dealing in accordance with the true intent and meaning of the trust, condition, or limitation. Such registration shall be conclusive evidence in favor of the person taking such transfer, charge, or right, and those claiming under him, in good faith and for a valuable consideration, that such transfer, charge, or other dealing is in accordance with the true intent and meaning of the trust, condition, or limitation.
C.R.S. § 38-21.5-104 — CO Code / Title 38 / Article 21.5 / Section 38-21.5-104
38-21.5-104. Notice posted in office
Status: in_force

38-21.5-104. Notice posted in office. Each owner acting pursuant to this article shall keep posted in a prominent place in his office at all times a notice which shall read as follows:

"All articles stored by a rental agreement, and charges not having been paid for thirty days, will be sold or otherwise disposed of to pay charges."
C.R.S. § 38-36-185 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-185
38-36-185. Adverse claim - filed - hearing - costs
Status: in_force

38-36-185. Adverse claim - filed - hearing - costs. (1) Any person claiming any right or interest in registered land, adverse to the registered owner, arising subsequent to the date of the original registration, if no other provision is made in this article for registering the same, may make a statement in writing, setting forth fully his alleged right or interest, and how or under whom acquired, and a reference to the volume and page of the certificate of title of the registered owner, and a description of the land to which the right or interest is claimed.

(2) The statement shall be signed and sworn to, and shall state the adverse claimant's residence, and designate a place at which all notices may be served upon him. This statement shall be entitled to registration as an adverse claim, and the court, upon the petition of any party in interest, shall grant a speedy hearing upon the question of the validity of such adverse claim and shall enter such decree thereon as equity and justice may require. If the claim is adjudged to be invalid, its registration shall be canceled. The court may award such costs and damages, including reasonable attorney's fees, as it may deem just in the premises.
C.R.S. § 38-38-505 — CO Code / Title 38 / Article 38 / Part 5 / Section 38-38-505
38-38-505. Effect of foreclosures as to certain classes of persons
Status: in_force

38-38-505. Effect of foreclosures as to certain classes of persons. (1) All deeds of trust executed to a public trustee may be foreclosed by such public trustee in the manner provided by section 38-38-101, notwithstanding the fact that the indebtedness secured may constitute a claim against the estate of a deceased person, a mental incompetent, or an incapacitated person and notwithstanding the death, mental incompetency, or incapacity of one or more of the owners of the property covered by the deed of trust.

(2) Any such foreclosure shall be good against a mental incompetent or incapacitated person and against the heirs-at-law, legatees, devisees, creditors, conservators, guardians, personal representatives, executors, and administrators of any decedent or mental incompetent or incapacitated person and all persons claiming by, through, or under such decedent or mental incompetent or incapacitated person. The public trustee shall give notice of such foreclosure proceedings, as provided by law, to the grantor in the deed of trust foreclosed at the address stated therein, as though living and mentally competent, to all persons having interests then of record, and to the lessee or lessees of the premises as provided in section 38-38-305 (1.5). The public trustee shall not be required to give notice of such foreclosure proceedings to any heir-at-law, legatee, devisee, creditor, conservator, guardian, personal representative, executor, or administrator of any decedent or mental incompetent or incapacitated person or to any person claiming by, through, or under any decedent or mental incompetent or incapacitated person unless the claim or interest of such person then appears of record.

(3) The interest and claim in and to such real estate of all mental incompetents or incapacitated persons and of all persons claiming by, through, or under any mental incompetent, incapacitated person, or decedent, including minors and incapacitated persons, shall be terminated and concluded by such foreclosure unless they redeem from the foreclosure sale within the time prescribed by law.
C.R.S. § 38-36-169 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-169
38-36-169. Trustee may apply for registration of land
Status: in_force

38-36-169. Trustee may apply for registration of land. Any trustee shall have authority to file an application for the registration of any land held in trust by him, unless expressly prohibited by the instrument creating the trust.
C.R.S. § 38-12-1105 — CO Code / Title 38 / Article 12 / Part 11 / Section 38-12-1105
38-12-1105. Dispute resolution program - complaint process
Status: in_force

38-12-1105. Dispute resolution program - complaint process. (1) Any aggrieved party may file a complaint with the division on a form prescribed by the division alleging a violation of the act, this part 11, or a rule, regardless of whether the provision allegedly violated contains a specific reference to this section.

(2) After receiving a complaint under this part 11, the division shall investigate the alleged violations at the division's discretion. The division may, if appropriate, facilitate negotiations between the complainant and the respondent. The division may, on its own initiative, investigate potential violations of the act, this part 11, or a rule when it receives evidence of a potential violation from a source other than a filed complaint and may make determinations and take enforcement actions pursuant to this section following such an investigation.

(3) (a) Complainants and respondents shall cooperate with the division in the course of an investigation by responding to subpoenas issued by the division. The subpoenas may compel testimony, take evidence, or seek access to papers or other documents and provide site access to the mobile home parks relevant to the investigation. Complainants and respondents must respond to the division's subpoenas within fourteen days of the division sending the subpoenas by certified mail.

(b) Failure to cooperate with the division in the course of an investigation is a violation of this part 11.

(c) If a complainant or respondent fails to respond to a subpoena within the time required by subsection (3)(a) of this section, the division may impose a penalty of up to five thousand dollars per violation per day for each day the complainant or respondent fails to respond. The division may delay or dismiss the imposition of the penalty if the complainant or respondent makes a good-faith effort to comply within seven days.

(4) (a) If, after an investigation, the division determines that the parties are unable to come to an agreement or that facilitating negotiations between the parties is not appropriate to resolve the alleged violation, the division shall make a written determination on whether a violation of the act, this part 11, or a rule has occurred.

(b) If the division finds by a written determination that a violation of the act, this part 11, or a rule has occurred, the division shall deliver a written notice of violation by certified mail to both the complainant and the respondent. The notice of violation must specify the basis for the division's determination; the violation; the action required to cure the violation; the time within which that action must be taken; the penalties that will be imposed if that action is not taken within the specified time period; and the process for contesting the determination, required action, and penalties by means of an administrative hearing.

(c) If the division finds by a written determination that a violation of the act, this part 11, or a rule has not occurred, the division shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation must include the basis for the division's determination and the process for contesting the determination included in the notice of nonviolation by means of an administrative hearing.

(5) The respondent must comply with the requirements of a notice of violation from the division within seven days of the notice of violation becoming a final agency order under either subsection (7)(b) or (9)(b) of this section, except as required otherwise by the division, unless the respondent has submitted a timely request for an administrative hearing to contest the notice under subsection (7) of this section. If a respondent fails to comply with the requirements of a notice of violation within the required time period and the division has not received a timely request for an administrative hearing, the division may impose a penalty, up to a maximum of five thousand dollars per violation per day, for each day that a violation remains uncorrected. When determining the amount of the penalty to impose on a respondent, the division shall consider the severity and duration of the violation and the impact of the violation on other community residents. If the respondent shows, upon timely application to the division, that a good faith effort to comply with the requirements of the notice of violation has been made and that the respondent has not complied because of mitigating factors beyond the respondent's control, the division may delay or dismiss the imposition of a penalty.

(6) The division may issue an order requiring the respondent to cease and desist from an unlawful practice. The division may also issue an order requiring the respondent to take actions that in the judgment of the division will carry out the purposes of this part 11. The actions may include, but are not limited to:

(a) Refunds of rent increases, improper fees, and charges collected in violation of this part 11;

(b) Filing documents that correct a statutory or rule violation; and

(c) Taking action necessary to correct a statutory or rule violation.

(6.5) (a) Whenever the division has reasonable cause to believe that a violation of the act, this part 11, or a rule has occurred or will soon occur and that immediate enforcement is necessary, the division may immediately issue a cease and desist order. A written determination and notice of violation is not required when the division issues a cease and desist order pursuant to this subsection (6.5). The order must set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions immediately cease.

(b) Within fifteen business days after service of the order, the person receiving the order may request an administrative hearing pursuant to subsection (7)(a) of this section to determine whether or not the alleged violation has occurred.

(c) If a person who is the subject of an order to cease and desist fails to comply with the order within forty-eight hours, the division may bring an action in civil court for a temporary restraining order and for injunctive relief to prevent further or continued violation of the act, this part 11, or a rule. A court shall not stay an order to cease and desist until after holding a hearing involving both parties on the matter.

(7) (a) A complainant or respondent may request an administrative hearing before an administrative law judge to contest:

(I) A notice of violation issued under subsection (4)(b) of this section or a notice of nonviolation issued under subsection (4)(c) of this section;

(II) A penalty imposed under subsection (3) or (5) of this section; or

(III) An order to cease and desist or an order to take actions under subsection (6) or (6.5) of this section.

(b) If the complainant or respondent requests an administrative hearing pursuant to subsection (7)(a) of this section, the complainant or respondent must file the request within fifteen business days after service of a notice of violation, notice of nonviolation penalty, order, or action. If an administrative hearing is not requested within this time period, the notice of violation, notice of nonviolation, or cease and desist order constitutes a final agency order of the division and is not subject to review by any court or agency.

(8) Hearings before the office of administrative courts must be conducted in accordance with article 4 of title 24, unless otherwise specified in this section.

(9) (a) An appointed administrative law judge shall:

(I) Hear and receive pertinent evidence and testimony;

(II) Decide whether the evidence supports the division's finding by a preponderance of the evidence; and

(III) Enter an appropriate order within thirty days after the completion of the hearing and immediately send copies of the order to the affected parties.

(b) An order entered by an administrative law judge constitutes the final agency order of the division and is subject to judicial review pursuant to article 4 of title 24. An order entered by an administrative law judge may be appealed by the respondent and the division.

(10) When the division imposes any penalty against a respondent landlord under this part 11, the respondent may not seek any recovery or reimbursement of the penalty from a complainant or from any other home owner or resident.

(11) All money collected from the imposition of any penalties imposed under this section other than any portion of the penalties required to be paid to a complainant must be deposited in the fund.

(12) This section does not provide an exclusive remedy and does not limit the right of landlords, home owners, or residents to take legal action against another party as provided in the act or otherwise. Exhaustion of the administrative remedy provided in this section is not required before a landlord, home owner, or resident may bring a legal action.

(13) A landlord shall not take any retaliatory actions against a home owner or resident for filing a complaint and shall not harass or intimidate a home owner or resident in violation of section 38-12-212.5 (4.5). If the division determines that a landlord has retaliated against a home owner or resident or violated section 38-12-212.5 (4.5), the division may impose a fine of up to ten thousand dollars on the landlord.

(14) Any penalty levied against a landlord under this part 11 shall be a lien against the landlord's mobile home park until the landlord pays the penalty.

(15) The division shall take all reasonable steps to avoid disclosing the complainant's identity to the landlord during or after the investigation without the complainant's permission if a complaint alleges a violation that is of a general nature affecting multiple home owners or residents, including but not limited to a complaint alleging that a landlord's rules or rule enforcement practices violate the act, this part 11, or a rule and the division can adequately investigate the complaint without revealing the complainant's identity. A person shall not obtain access to the record through subpoena, discovery, or under any statutory authority. This subsection (15) does not prohibit the division from requiring or knowing the identity of a complainant.