reglab/housing_qa huggingface dataset:
CO Code § 38-29-208 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 29 - Titles to Manufactured Homes|Part 2 - Filing and Recording of Documents Related to a Manufactured Home|§ 38-29-208. Affidavit of Real Property

  Any person can prove that a manufactured home and the land upon which it has been permanently affixed is real property by filing an affidavit of real property with the clerk and recorder for the county or city and county in which the manufactured home is located. The clerk and recorder shall file and record the affidavit of real property in his or her office. Except as otherwise set forth in subsection (2) of this section, the affidavit of real property shall include the following:   An acknowledged statement by all owners that the manufactured home and real property to which the manufactured home is permanently affixed became real property pursuant to this article;    A statement from the county assessor that the manufactured home has been valued together with the land upon which it is affixed;    A statement from the county treasurer that taxes have been paid on the manufactured home and the land upon which it is affixed in the same manner as other real property, as that term is defined in section 39-1-102 (14), C.R.S.;    Proof that a search of the director's records pursuant to section 42-1-206, C.R.S., was conducted and that no certificate of title was found for the manufactured home; and    Verification that the manufactured home is permanently affixed to the ground in accordance with any applicable county or city and county codes or requirements so that it is no longer capable of being drawn over the public highways.       If a manufactured home occupies real property subject to a long-term lease that has an express term of at least ten years, then the affidavit of real property shall include the following:   A copy of the applicable long-term lease;    A statement from the county treasurer that taxes have been paid separately on the manufactured home and the land upon which it is affixed; and    The items set forth in paragraphs (a), (d), and (e) of subsection (1) of this section.        History. Source: L. 2008: Entire part added, p. 451, § 9, effective July 1. L. 2009: IP(1) and (1)(e) amended and (2) added, (SB 09-040), ch. 9, p. 69, § 11, effective July 1.
CO Code § 38-29-209 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 29 - Titles to Manufactured Homes|Part 2 - Filing and Recording of Documents Related to a Manufactured Home|§ 38-29-209. Fees - Disposition

  In all instances in which a document is to be filed and recorded pursuant to this part 2, the authorized agent or clerk and recorder, as the case may be, shall be paid such fees for each document so filed and recorded as are prescribed by law for the filing of like instruments in the office of the county clerk and recorder.    The recording fees authorized by this section are in addition to any fees that are required pursuant to section 38-29-138.    All fees paid pursuant to this section shall be kept and retained by the authorized agent or the clerk and recorder to defray the cost thereof and shall be disposed of by him or her as provided by law.     History. Source: L. 2008: Entire part added, p. 452, § 9, effective July 1.
CO Code § 38-31-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 31 - Co-Ownership of Real Property|Part 1 - Joint Tenancy in Real Property - Proof of Death|§ 38-31-103. Proof of Death - Certificate of Death Unavailable

 If a certificate of death, verification of death document, or a certified copy thereof cannot be procured, an affidavit properly sworn to or affirmed by two or more persons of legal age having personal knowledge of the facts and having no record interest in the real property affected by the joint tenancy may be placed of record in the office of the county clerk and recorder of the county in which the real property is located. The affidavit shall include a statement that a certificate of death, verification of death document, or certified copy thereof cannot be procured, and the reason therefor, the legal description of the real property, the date and place of death of the deceased person, and a statement that the person referred to in the affidavit was at the time of death an owner of a joint tenancy interest in the real property. When recorded, the original affidavit, or a certified copy thereof, shall be accepted in all courts in the state of Colorado as prima facie proof of the death of the joint tenant and the date and place of death of the joint tenant. The affidavit provided for in this section may also be used to provide proof of the death of a life tenant or any other person whose record interest in real property terminates upon the death of the person and the date and place of death of the life tenant or other person to the same extent as a joint tenant as provided in this section.   History. Source: L. 23: P. 399, § 2. CSA: C. 92, § 2. CRS 53: § 118-2-3. C.R.S 1963: § 118-2-3. L. 2002: Entire section amended, p. 1037, § 86, effective June 1. L. 2006: Entire article amended, p. 241, § 1, effective July 1. L. 2014: Entire section amended,(HB 14-1073), ch. 30, p. 177, § 7, effective July 1. History. Source: L. 23: P. 399, § 2. CSA: C. 92, § 2. CRS 53: § 118-2-3. C.R.S 1963: § 118-2-3. L. 2002: Entire section amended, p. 1037, § 86, effective June 1. L. 2006: Entire article amended, p. 241, § 1, effective July 1. L. 2014: Entire section amended,(HB 14-1073), ch. 30, p. 177, § 7, effective July 1.    Cross references:   For certificate of death admitted as evidence of interest in real property, see § 38-35-112 .   ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 281 (1949). For article, “Signatures on Documents Affecting Title to Colorado Real Property -- Part II”, see 12 Colo. Law. 258 (1983).
CO Code § 38-31-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 31 - Co-Ownership of Real Property|Part 1 - Joint Tenancy in Real Property - Proof of Death|§ 38-31-104. False Swearing or Affirming - Penalty

 Anyone falsely swearing to or affirming any affidavit provided for in sections 38-31-102 and 38-31-103 is guilty of perjury in the second degree and in addition thereto is liable for damages to any person for any loss consequent on the false swearing or affirming or on the recording of the affidavit so falsely sworn to or affirmed.   History. Source: L. 23: P. 400, § 3. CSA: C. 92, § 3. CRS 53: § 118-2-4. C.R.S. 1963: § 118-2-4. L. 72: P. 566, § 42. L. 2006: Entire article amended, p. 242, § 1, effective July 1. History. Source: L. 23: P. 400, § 3. CSA: C. 92, § 3. CRS 53: § 118-2-4. C.R.S. 1963: § 118-2-4. L. 72: P. 566, § 42. L. 2006: Entire article amended, p. 242, § 1, effective July 1.    Cross references:   For perjury in the second degree and the penalty therefor, see §§ 18-8-503 and 18-1.3-501 .
CO Code § 38-31-201 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 31 - Co-Ownership of Real Property|Part 2 - Tenancy by the Entirety|§ 38-31-201. Tenancy by the Entirety

  No conveyance of real property located in this state executed before or after July 1, 2006, shall create a tenancy by the entirety.    A conveyance of real property located in this state executed before July 1, 2006, that purports to create a tenancy by the entirety shall be presumed to create a joint tenancy.    A conveyance of real property located in this state executed on or after July 1, 2006, that purports to create a tenancy by the entirety shall create a joint tenancy.     History. Source: L. 2006: Entire article amended, p. 242, § 1, effective July 1.
CO Code § 38-33.3-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-101. Short Title

 This article shall be known and may be cited as the “Colorado Common Interest Ownership Act”.   History. Source: L. 91: Entire article added, p. 1701, § 1, effective July 1, 1992.
CO Code § 38-33.3-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-102. Legislative Declaration

  The general assembly hereby finds, determines, and declares, as follows:   That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities;    That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months' lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association's powers to collect delinquent assessments, late charges, fines, and enforcement costs;    That it is the policy of this state to give developers flexible development rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control;    That it is the policy of this state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such homeowner associations;    That it is the policy of this state to promote the availability of funds for financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations.        History. Source: L. 91: Entire article added, p. 1701, § 1, effective July 1, 1992.    ANNOTATION   There is no support for the proposition that enactment of a legislative scheme governing the operation of homeowners' association thereby transforms such homeowners' association into cities or other governmental entities. Woodmoor Improvement Ass'n v. Brenner, 919 P.2d 928 (Colo. App. 1996).
CO Code § 38-33.3-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-104. Variation by Agreement

 Except as expressly provided in this article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration.   History. Source: L. 91: Entire article added, p. 1707, § 1, effective July 1, 1992.    ANNOTATION   Requiring a declarant's consent to amend a declaration does not violate this section because this section does not permit the declarant to control unit owners' votes. Here, the declaration could not be amended without a vote of at least sixty-seven percent of the unit owners. The declarant consent provision did not alter this requirement. Vallagio at Inverness v. Metro. Homes, 2015 COA 65 , 412 P.3d 709, aff'd, 2017 CO 69, 395 P.3d 788.
CO Code § 38-33.3-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-105. Separate Titles and Taxation

  In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is personal property, that interest is real estate for all purposes.    In a condominium or planned community with common elements, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate and must be separately assessed and taxed. The valuation of the common elements shall be assessed proportionately to each unit, in the case of a condominium in accordance with such unit's allocated interests in the common elements, and in the case of a planned community in accordance with such unit's allocated common expense liability, set forth in the declaration, and the common elements shall not be separately taxed or assessed. Upon the filing for recording of a declaration for a condominium or planned community with common elements, the declarant shall deliver a copy of such filing to the assessor of each county in which such declaration was filed.    In a planned community without common elements, the real estate comprising such planned community may be taxed and assessed in any manner provided by law.     History. Source: L. 91: Entire article added, p. 1707, § 1, effective July 1, 1992. L. 93: (1) and (2) amended, p. 643, § 2, effective April 30.
CO Code § 38-33.3-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-106. Applicability of Local Ordinances, Regulations, and Building Codes

  A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units.    In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.     History. Source: L. 91: Entire article added, p. 1707, § 1, effective July 1, 1992.
CO Code § 38-33.3-106.7 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-106.7. Unreasonable Restrictions on Energy Efficiency Measures - Definitions

     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.    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:   An awning, shutter, trellis, ramada, or other shade structure that is marketed for the purpose of reducing energy consumption;    A garage or attic fan and any associated vents or louvers;    An evaporative cooler;    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;    A retractable clothesline; and    A heat pump.          Subsection (1) of this section shall not apply to:   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:   The impact on the purchase price and operating costs of the energy efficiency measure;    The impact on the performance of the energy efficiency measure; and    The criteria contained in the governing documents of the common interest community.       Bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for the protection of persons and property.       This section shall not be construed to confer upon any property owner the right to place an energy efficiency measure on property that is:   Owned by another person;    Leased, except with permission of the lessor;    Collateral for a commercial loan, except with permission of the secured party; or    A limited common element or general common element of a common interest community.        History. Source: L. 2008: Entire section added, p. 618, § 2, effective August 5. L. 2021: (1)(b)(IV) and (1)(b)(V) amended and (1)(b)(VI) added,(SB 21-246), ch. 283, p. 1675, § 2, effective September 7.    Cross references:   For the legislative declaration in SB 21-246, see section 1 of chapter 283, Session Laws of Colorado 2021.
CO Code § 38-33.3-107 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-107. Eminent Domain

  If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking. Any remnant of a unit remaining after part of a unit is taken under this subsection (1) is thereafter a common element.    Except as provided in subsection (1) of this section, if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides:   That unit's allocated interests are reduced in proportion to the reduction in the size of the unit or on any other basis specified in the declaration; and    The portion of allocated interests divested from the partially acquired unit is automatically reallocated to that unit and to the remaining units in proportion to the respective interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.       If part of the common elements is acquired by eminent domain, that portion of any award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition. For the purposes of acquisition of a part of the common elements other than the limited common elements under this subsection (3), service of process on the association shall constitute sufficient notice to all unit owners, and service of process on each individual unit owner shall not be necessary.    The court decree shall be recorded in every county in which any portion of the common interest community is located.    The reallocations of allocated interests pursuant to this section shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.     History. Source: L. 91: Entire article added, p. 1708, § 1, effective July 1, 1992.
CO Code § 38-33.3-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-108. Supplemental General Principles of Law Applicable

 The principles of law and equity, including, but not limited to, the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this article, except to the extent inconsistent with this article.   History. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992.
CO Code § 38-33.3-109 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-109. Construction Against Implicit Repeal

 This article is intended to be a unified coverage of its subject matter, and no part of this article shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.   History. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992.
CO Code § 38-33.3-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-110. Uniformity of Application and Construction

 This article shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.   History. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992.
CO Code § 38-33.3-111 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-111. Severability

 If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application, and, to this end, the provisions of this article are severable.   History. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992.
CO Code § 38-33.3-112 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-112. Unconscionable Agreement or Term of Contract

  The court, upon finding as a matter of law that a contract or contract clause relating to a common interest community was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.    Whenever it is claimed, or appears to the court, that a contract or any contract clause relating to a common interest community is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:   The commercial setting of the negotiations;    Whether the first party has knowingly taken advantage of the inability of the second party reasonably to protect such second party's interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;    The effect and purpose of the contract or clause; and    If a sale, any gross disparity at the time of contracting between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.        History. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992. L. 93: (2)(b) amended, p. 643, § 3, effective April 30.
CO Code § 38-33.3-113 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 33.3 - Colorado Common Interest Ownership Act|Part 1 - General Provisions|§ 38-33.3-113. Obligation of Good Faith

 Every contract or duty governed by this article imposes an obligation of good faith in its performance or enforcement.   History. Source: L. 91: Entire article added, p. 1710, § 1, effective July 1, 1992.