reglab/housing_qa huggingface dataset:
CO Code § 38-34-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 34 - Rules of Construction|§ 38-34-102. Official Name as Part of Signature

 Where, from the body of an instrument, it is apparent that a person is conveying or is acting in some official or representative capacity and the signature to the instrument omits the statement of the official or representative capacity, it shall be presumed that the official or representative capacity is a part of the signature.   History. Source: L. 27: P. 605, § 45. CSA: C. 40, § 152. CRS 53: § 118-8-2. C.R.S. 1963: § 118-8-2. History. Source: L. 27: P. 605, § 45. CSA: C. 40, § 152. CRS 53: § 118-8-2. C.R.S. 1963: § 118-8-2.
CO Code § 38-34-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 34 - Rules of Construction|§ 38-34-103. Building or Use Restrictions Strictly Construed

 Building restrictions and all restrictions as to the use or occupancy of real property shall be strictly construed, and restrictions which provide for the forfeiture or defeasance of title to or an interest in real property because of the violation of the restrictions on other real property and if the parcels of real property are owned by different persons or individuals shall be construed as applying only to the property embraced in the restriction and owned by the party on whose property the violation of the restriction occurred.   History. Source: L. 27: P. 606, § 46. CSA: C. 40, § 153. CRS 53: § 118-8-3. C.R.S. 1963: § 118-8-3. History. Source: L. 27: P. 606, § 46. CSA: C. 40, § 153. CRS 53: § 118-8-3. C.R.S. 1963: § 118-8-3.    ANNOTATION   Law reviews. For note, “The Effect of Tax Titles Upon Easements and Restrictions Upon the Use of Land in Colorado”, see 33 Dicta 228 (1956). For article, “Subdivision”, see 28 Rocky Mt. L. Rev. 471 (1956). For article, “Forever is an Awfully Long Time: Affordable Housing Covenants in Colorado (Part II)”, see 48 Colo. Law. 44 (Aug.-Sept. 2019).   Under this section, any doubt relative to the meaning and application of a covenant must be resolved in favor of unrestricted use of property and all restrictions relative to the use or occupancy of real property must be strictly construed. Covenant provision that allowed “two horses or bovine animals to be kept on a lot of five or less acres” did not prohibit sheep from being maintained on such a lot. Dunne v. Shenandoah Homeowners Ass'n, Inc., 12 P.3d 340 (Colo. App. 2000).   Phrase “single-family dwelling” in restrictive covenant is a structural restriction and not a use restriction. Double D Manor v. Evergreen Meadows, 773 P.2d 1046 (Colo. 1989).   Use of single-family dwelling as group home for developmentally disabled children is a residential use and does not violate residential use requirement of restrictive covenant. Double D Manor v. Evergreen Meadows, 773 P.2d 1046 (Colo. 1989).
CO Code § 38-34-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 34 - Rules of Construction|§ 38-34-104. Death of Trustee

 Upon the death of a sole trustee or the surviving trustee of an express trust created by any written instrument affecting title to real property, the trust shall not descend to the heirs of such trustee nor pass to his personal representative, but the trust if then unexecuted shall vest in the then public trustee and his successors in office of the county wherein the real estate is situate, with all powers of the original trustee. The district court may, upon application of any party in interest, appoint a new trustee except in such cases where by law or by the instrument a successor in trust is provided, and in such cases the trust shall vest in such successor.   History. Source: L. 27: P. 606, § 48. CSA: C. 40, § 155. CRS 53: § 118-8-5. C.R.S. 1963: § 118-8-5. History. Source: L. 27: P. 606, § 48. CSA: C. 40, § 155. CRS 53: § 118-8-5. C.R.S. 1963: § 118-8-5.    Cross references:   For succession of title to property held in trust for churches or religious societies, see § 7-52-105 .   ANNOTATION   Law reviews. For article, “Title to Colorado Real Property Held in Trust”, see 31 Colo. Law. 85 (May 2002).
CO Code § 38-34-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 34 - Rules of Construction|§ 38-34-105. When Deed Transferred Before Formation - Definitions

  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.    As used in this section:   “Entity” has the meaning specified in section 7-90-102 (20), C.R.S.    “Formed” has the meaning specified in section 7-90-102 (29.5), C.R.S.        History. Source: L. 27: P. 607, § 49. CSA: C. 40, § 156. CRS 53: § 118-8-6. C.R.S. 1963: § 118-8-6. L. 2015: Entire section amended, (SB 15-049), ch. 72, p. 192, § 1, effective August 5. History. Source: L. 27: P. 607, § 49. CSA: C. 40, § 156. CRS 53: § 118-8-6. C.R.S. 1963: § 118-8-6. L. 2015: Entire section amended, (SB 15-049), ch. 72, p. 192, § 1, effective August 5.
CO Code § 38-34-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 34 - Rules of Construction|§ 38-34-106. When Corporate Existence Expires

 When the corporate existence of any corporation having an interest in real property expires and there is an attempted renewal or extension of its corporate existence either within the time provided for by law or thereafter, a conveyance thereafter by such purported corporation vests in the grantee the interest of the former corporation, and where such cases have occurred prior to March 28, 1927, the title or interest so conveyed shall be presumed to have been properly passed to the grantee.   History. Source: L. 27: P. 607, § 50. CSA: C. 40, § 157. CRS 53: § 118-8-7. C.R.S. 1963: § 118-8-7. History. Source: L. 27: P. 607, § 50. CSA: C. 40, § 157. CRS 53: § 118-8-7. C.R.S. 1963: § 118-8-7.
CO Code § 38-35.5-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 35.5 - Nondisclosure of Information Psychologically Impacting Real Property|§ 38-35.5-101. Circumstances Psychologically Impacting Real Property - No Duty for Broker or Salesperson to Disclose

  Facts or suspicions regarding circumstances occurring on a parcel of property which could psychologically impact or stigmatize such property are not material facts subject to a disclosure requirement in a real estate transaction. Such facts or suspicions include, but are not limited to, the following:   That an occupant of real property is, or was at any time suspected to be, infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or    That the property was the site of a homicide or other felony or of a suicide.       No cause of action shall arise against a real estate broker or salesperson for failing to disclose such circumstance occurring on the property which might psychologically impact or stigmatize such property.     History. Source: L. 91: Entire article added, p. 1636, § 20, effective July 1.
CO Code § 38-35.7-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 35.7 - Disclosures Required in Connection With Conveyances of Residential Real Property|§ 38-35.7-101. Disclosure - Special Taxing Districts - General Obligation Indebtedness

  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.    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.     History. Source: L. 92: Entire article added, p. 995, § 4, effective July 1. L. 2009: (1) amended, (SB 09-087), ch. 325, p. 1735, § 7, effective July 1.
CO Code § 38-35.7-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 35.7 - Disclosures Required in Connection With Conveyances of Residential Real Property|§ 38-35.7-102. Disclosure - Common Interest Community - Obligation to Pay Assessments - Requirement for Architectural Approval

  On and after January 1, 2007, every contract for the purchase and sale of residential real property in a common interest community shall contain a disclosure statement in bold-faced type that is clearly legible and in substantially the following form: THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.      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 actual damages directly and proximately caused by such failure plus court costs. It shall be an affirmative defense to any claim for damages brought under this section that the purchaser had actual or constructive knowledge of the facts and information required to be disclosed.    Upon request, the seller shall either provide to the buyer or authorize the unit owners' association to provide to the buyer, upon payment of the association's usual fee pursuant to section 38-33.3-317 (4), all of the common interest community's governing documents and financial documents, as listed in the most recent available version of the contract to buy and sell real estate promulgated by the real estate commission as of the date of the contract.       This section shall not apply to the sale of a unit that is a time share unit, as defined in section 38-33-110 (7).      History. Source: L. 2005: Entire section added, p. 1389, § 19, effective January 1, 2006. L. 2006: Entire section R&RE, p. 1225, § 15, effective May 26. L. 2012: (2)(b) amended, (HB 12-1237), ch. 232, p. 1019, § 2, effective January 1, 2013.
CO Code § 38-35.7-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 35.7 - Disclosures Required in Connection With Conveyances of Residential Real Property|§ 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.   History. Source: L. 2008: Entire section added, p. 1713, § 10, effective June 2. L. 2019: Entire section amended, (HB 19-1172), ch. 136, p. 1725, § 237, effective October 1.
CO Code § 38-35.7-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 35.7 - Disclosures Required in Connection With Conveyances of Residential Real Property|§ 38-35.7-108. Disclosure of Oil and Gas Activity - Rules

     By January 1, 2016, the real estate commission created in section 12-10-206 shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information: THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE.    On and after January 1, 2016, each contract of sale or seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1).       The disclosure required by subsection (1) of this section does not create a duty to investigate or disclose that does not otherwise exist for the seller, a person licensed under article 10 of title 12, or a title insurance agent or company licensed under article 2 of title 10.     THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.   THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.   THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION.   History. Source: L. 2014: Entire section added, (SB 14-009), ch. 74, p. 305, § 1, effective August 6. L. 2019: IP(1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1725, § 238, effective October 1.
CO Code § 38-37-100.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-100.5. Definitions

 The definitions in section 38-38-100.3 apply to this article unless the context otherwise requires.   History. Source: L. 2007: Entire section added, p. 1830, § 2, effective January 1, 2008.
CO Code § 38-37-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-101. Creation of the Office of Public Trustee

 There is hereby created the office of public trustee in each county in this state, whose duties are as prescribed by law. In all counties of the second class, such public trustee shall be appointed as provided in section 38-37-102 , and, in counties of all other classes, the county treasurer of the county shall be such public trustee; except that, in the city and county of Denver and the city and county of Broomfield, the public trustee shall be such equivalent officer as shall be provided by its charter or code.   History. Source: L. 90: Entire article R&RE, p. 1648, § 1, effective October 1. L. 2001: Entire section amended, p. 267, § 11, effective November 15. L. 2013: Entire section amended,(HB 13-1051), ch. 23, p. 54, § 1, effective August 7.    ANNOTATION   Law reviews. For article on the history and purpose of the public trustee act, see 9 Dicta 9 (1932). For note, “A Survey of the Colorado Torrens Act”, see 5 Rocky Mt. L. Rev. 149 (1933). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 14 Dicta 5 (1936). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951). For article, “Enforcement of Security Interests in Colorado”, see 25 Rocky Mt. L. Rev. 1 (1952). For article, “Marketable Title: What Certifiable Copies of Court Papers Should Appear of Record”, see 34 Dicta 7 (1957). For article, “Limitation of Bank's Liabilities in Letters of Credit Agreements”, see 15 Colo. Law. 1019 (1986).   Annotator's note. Since § 38-37-101 is similar to § 38-37-101 as it existed prior to the 1990 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.   Grantee sufficiently identified as public trustee. A deed of trust to “the public trustee”, executed by a resident of a particular county, conveying lands situate in that county, requiring notice of the sale, upon default, to be published in that county, sufficiently identifies the grantee as the public trustee of the same county. Healey v. Zobel, 45 Colo. 294 , 101 P. 56 (1909).   Public trustee is not peace officer; he is no part of a statewise system, and he is uncontrolled by state authority, save for the power to remove those appointed by him which is lodged in the governor. Chambers v. People ex rel. Storer, 70 Colo. 496 , 202 P. 1081 (1921).   Applied in Brewer v. Harrison, 27 Colo. 349 , 62 P. 224 (1900); Brown v. Denver Omnibus & Cab Co., 254 F. 560 (8th Cir. 1918).
CO Code § 38-37-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-103. Deputy Trustee - Successor in Office

 Each public trustee may appoint deputies who shall have the same power in all respects as the public trustee. All acts of a deputy public trustee shall have the same effect as though performed by the public trustee. If a public trustee dies, resigns, or is removed from office, or if a public trustee's term of office expires after selling any property under the term of a deed of trust and before executing a certificate of redemption or deed for the property, the public trustee's successor in office shall execute the certificate or deed in the same manner that the public trustee making such sale might have done.   History. Source: L. 90: Entire article R&RE, p. 1649, § 1, effective October 1. L. 2007: Entire section amended, p. 1830, § 3, effective June 1.    Editor's note:   This section is similar to former § 38-37-103 , as it existed prior to 1990.
CO Code § 38-37-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-105. Classification of Counties for Purposes of Regulating Fees and Salaries of Public Trustees

  For the purpose of providing for and regulating the fees and salaries of public trustees, the said several counties of this state are classified with reference to population and divided into three classes, as follows:   Class 1: City and county of Denver;    Class 2: Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld;    Class 3: Alamosa, Archuleta, Baca, Bent, city and county of Broomfield, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, Lake, La Plata, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, and Yuma.        History. Source: L. 90: Entire article R&RE, p. 1651, § 1, effective October 1. L. 91: (1)(c) amended, p. 1921, § 50, effective June 1. L. 2001: (1)(c) amended, p. 268, § 13, effective November 15; (1)(c) amended, p. 1067, § 2, effective November 15 and (1)(b) and (1)(c) amended, p. 1067, § 3, effective January 1, 2003.    Editor's note:    This section is similar to former § 38-37-106, as it existed prior to 1990.    Amendments to subsection (1)(c) by House Bill 01-1358 and Senate Bill 01-102 were harmonized.
CO Code § 38-37-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-106. Public Trustee to Act as Successor in Trust - Additional Duties

  It is the duty of all public trustees of the several counties of the state of Colorado to accept and discharge the duties of trustee or successor trustee in accordance with the provisions of section 38-34-104 and to accept and discharge those duties of the public trustee prescribed by sections 38-30-171 (3)(b) and 38-30-173 (3)(b).    Whenever any deed of trust names the wrong public trustee or omits the name of the county of the public trustee in a deed of trust containing a grant to a public trustee and a provision for a power of sale, the public trustee of each county where the property or any portion thereof is located shall act as a successor public trustee or as if the public trustee and county were named in the deed of trust. A public trustee so acting shall have all powers, authority, and duties as if originally named in such deed of trust with respect to the portion of the property located in such county.     History. Source: L. 90: Entire article R&RE, p. 1651, § 1, effective October 1. L. 92: (2) amended, p. 2089, § 1, effective July 1. L. 93: (1) amended, p. 865, § 43, effective July 1, 1994. L. 96: (1) amended, p. 1330, § 54, effective June 1. L. 98: (1) amended, p. 628, § 42, effective July 1. L. 2006: (2) amended, p. 1436, § 2, effective July 1.    Editor's note:   This section is similar to former § 38-37-111 , as it existed prior to 1990.   ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 71 (1940). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951). For article, “Standard Pleading Samples to Be Used in Quiet Title Litigation”, see 30 Dicta 39 (1953). For article, “Statutory Redemption in Colorado”, see 30 Dicta 79 (1953). For article, “1987 Statutory Amendments Concerning Foreclosures of Deeds of Trust and Mortgages”, see 16 Colo. Law. 1386 (1987).
CO Code § 38-37-107 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 37 - Office of Public Trustee|§ 38-37-107. Fees Under Successor Trusteeship

 Said public trustees, for the performance of services in section 38-37-106 , shall be allowed to charge and receive only such fees as are allowed by law for the performance of like services under deeds of trust wherein such public trustees are named as trustees.   History. Source: L. 90: Entire article R&RE, p. 1652, § 1, effective October 1.    Editor's note:   This section is similar to former § 38-37-112 , as it existed prior to 1990.   ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 71 (1940). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Statutory Redemption in Colorado”, see 30 Dicta 79 (1953).