reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.7 - WIND ENERGY (§§ 38-30.7-101 — 38-30.7-106) › Section 38-30.7-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Wind energy agreement" or "agreement" means a lease, license, easement, or other agreement between the owner of a surface estate and a wind energy developer to develop wind-powered energy generation.
(2)
"Wind energy developer" means the lessee, easement holder, licensee, or similar party under a wind energy agreement.
(3)
"Wind energy developer of record" means the wind energy developer named in a recorded wind energy agreement or, if the wind energy agreement has been transferred by a recorded document, the most recent transferee of the rights of the original wind energy developer identified in the recorded document.
(4)
"Wind energy right" means the right of the owner of a surface estate, either directly or through a wind energy developer under a wind energy agreement, to capture and employ the kinetic energy of the wind.
(5)
"Wind-powered energy generation" means the generation of electricity by means of a turbine or other device that captures and employs the kinetic energy of the wind.
Amended by 2015 Ch. 19,§ 1, eff. 8/5/2015.
L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1011, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 45, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.7 - WIND ENERGY (§§ 38-30.7-101 — 38-30.7-106) › Section 38-30.7-104 - Expiration of rights under wind energy agreements

(1)
Except as otherwise provided in a wind energy agreement or an amendment to the agreement, all rights of a wind energy developer to use real property for wind energy development or production under a wind energy agreement entered into on or after July 1, 2012, expire if no wind-powered energy generation has occurred under the agreement for a continuous period of fifteen years. The expiration of rights under this section does not modify any obligation to restore or reclaim the surface estate that is contained in the agreement or imposed by law.
(2)
At any time after a wind energy developer has determined to commence construction of wind energy generating facilities under a recorded wind energy agreement, the wind energy developer may record in the office of the county clerk and recorder where the land subject to the agreement is located an affidavit stating the date on which such construction commenced or is expected to commence. If no such affidavit is recorded, then the wind energy agreement expires in accordance with its own terms or, if no expiration date is specified, fifteen years after the recording of the wind energy agreement. The affidavit must identify the wind energy agreement with reasonable clarity, including the names of the parties, the legal description of the property subject to the agreement, and the applicable recording information of the agreement. The county clerk and recorder shall index the affidavit in both the grantor and grantee indices under the names of all parties identified in the affidavit.
Amended by 2015 Ch. 19,§ 1, eff. 8/5/2015.
L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1013, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 48, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.7 - WIND ENERGY (§§ 38-30.7-101 — 38-30.7-106) › Section 38-30.7-105 - Taxation

Equipment used in the development of wind energy is exempt from the levy and collection of personal property tax until the equipment is first used pursuant to section
39-3-118.5
, C.R.S.
Amended by 2015 Ch. 19,§ 1, eff. 8/5/2015.
L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1013, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 49, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 31 - CO-OWNERSHIP OF REAL PROPERTY (§§ 38-31-101 — 38-31-201) › Part 1 - JOINT TENANCY IN REAL PROPERTY - PROOF OF DEATH (§§ 38-31-101 — 38-31-104) › Section 38-31-102 - Proof of death - certificate of death available - definitions

(1)
A certificate of death, a verification of death document, or a certified copy thereof, of a person who is a joint tenant may be placed of record with the county clerk and recorder of the county in which the real property affected by the joint tenancy is located, together with a supplementary affidavit. The supplementary affidavit, which shall be properly sworn to or affirmed by a person of legal age having personal knowledge of the facts, must include the legal description of the real property and a statement that the person referred to in the certificate is the same person who is named in a specific recorded deed or similar instrument creating the joint tenancy. When recorded, the original certificate or verification document and supplementary affidavit, or certified copies thereof, must be accepted in all courts of the state of Colorado as prima facie proof of the death of the joint tenant. The certificate or verification document and supplementary affidavit provided for in this section may also be used to provide proof of the death of a life tenant, the owner under a beneficiary deed, or any other person whose record interest in real property terminates upon the death of such person to the same extent as a joint tenant as provided in this section.
(2)
As used in this part 1, unless the context otherwise requires, a "certificate of death or certified copy thereof" means a certificate of death as construed in section
25-2-110(10)
, C.R.S., that meets the requirements set forth in section
38-35-112
to be admitted as evidence or a copy of such a certificate of death certified by the public office that issued it.
Amended by 2016 Ch. 145,§ 1, eff. 8/10/2016.
Amended by 2014 Ch. 30,§ 6, eff. 7/1/2014.
L. 23: p. 399, § 1. CSA: C. 92, § 1. CRS 53: § 118-2-2. C.R.S. 1963: § 118-2-2. L. 2002: Entire section amended, p. 1037, § 85, 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, § 6, effective July 1. L. 2016: (1) amended, (SB 16-133), ch. 145, p. 429, § 1, effective August 10.
For certificate of death admitted as evidence of interest in real property, see § 38-35-112.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 31 - CO-OWNERSHIP OF REAL PROPERTY (§§ 38-31-101 — 38-31-201) › Part 1 - JOINT TENANCY IN REAL PROPERTY - PROOF OF DEATH (§§ 38-31-101 — 38-31-104) › Section 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.
Amended by 2014 Ch. 30,§ 7, eff. 7/1/2014.
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.
For certificate of death admitted as evidence of interest in real property, see § 38-35-112.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 31 - CO-OWNERSHIP OF REAL PROPERTY (§§ 38-31-101 — 38-31-201) › Part 1 - JOINT TENANCY IN REAL PROPERTY - PROOF OF DEATH (§§ 38-31-101 — 38-31-104) › Section 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.
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.
For perjury in the second degree and the penalty therefor, see §§ 18-8-503 and 18-1.3-501.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 31 - CO-OWNERSHIP OF REAL PROPERTY (§§ 38-31-101 — 38-31-201) › Part 2 - TENANCY BY THE ENTIRETY (§ 38-31-201) › Section 38-31-201 - Tenancy by the entirety

(1)
No conveyance of real property located in this state executed before or after July 1, 2006, shall create a tenancy by the entirety.
(2)
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.
(3)
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.
L. 2006: Entire article amended, p. 242, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32 - ESTATES ABOVE SURFACE (§§ 38-32-101 — 38-32-105) › Section 38-32-101 - Estates may be created

Estates, rights, and interests in areas above the surface of the ground, whether or not contiguous thereto, may be validly created in persons or corporations other than the owners of the land below such areas and shall be deemed to be estates, rights, and interests in lands.
L. 53: p. 202, § 1. CRS 53: § 118-12-1. C.R.S. 1963: § 118-12-1.
For sovereignty in the space above the lands and waters of Colorado, see § 41-1-106; for ownership of the same, see § 41-1-107.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32 - ESTATES ABOVE SURFACE (§§ 38-32-101 — 38-32-105) › Section 38-32-102 - Estates deemed estates in land

Estates, rights, and interests in such areas shall pass by descent and distribution in the same manner as estates, rights, and interests in land and may be held, enjoyed, possessed, alienated, conveyed, exchanged, transferred, assigned, demised, released, charged, mortgaged, or otherwise encumbered, devised, and bequeathed in the same manner, upon the same conditions, and for the same uses and purposes as estates, rights, and interests in land and shall be in all other respects dealt with and treated as estates, rights, and interests in land.
L. 53: p. 202, § 2. CRS 53: § 118-12-2. C.R.S. 1963: § 118-12-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32 - ESTATES ABOVE SURFACE (§§ 38-32-101 — 38-32-105) › Section 38-32-103 - Rights, incidents, and duties

All of the rights, privileges, incidents, powers, remedies, burdens, duties, liabilities, and restrictions pertaining to estates, rights, and interests in land shall appertain and be applicable to such estates, rights, and interests in areas above the surface of the ground.
L. 53: p. 202, § 3. CRS 53: § 118-12-3. C.R.S. 1963: § 118-12-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32 - ESTATES ABOVE SURFACE (§§ 38-32-101 — 38-32-105) › Section 38-32-104 - Laws on land applicable

The provisions of articles
30
to
44
of this title and of any other law of this state shall be applicable to estates, rights, and interests created in areas above the surface of the ground and to instruments creating, disposing of, or otherwise affecting such estates, rights, and interests wherever such provisions would be applicable to estates, rights, and interests in land or to instruments creating, disposing of, or otherwise affecting estates, rights, and interests in land.
L. 53: p. 202, § 4. CRS 53: § 118-12-4. C.R.S. 1963: § 118-12-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32 - ESTATES ABOVE SURFACE (§§ 38-32-101 — 38-32-105) › Section 38-32-105 - Estates affected

The provisions of this article shall be applicable to such estates, rights, and interests created in areas above the surface of the ground, whether such estates, rights, and interests were created prior to or after March 12, 1953.
L. 53: p. 203, § 5. CRS 53: § 118-12-5. C.R.S. 1963: § 118-12-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32.5 - SOLAR EASEMENTS (§§ 38-32.5-100.3 — 38-32.5-103) › Section 38-32.5-100.3 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Solar easement" means the right of receiving sunlight across real property for any solar energy device. Such a right may be stated in any deed, will, or other instrument executed by or on behalf of any owner of land or sky space.
(2)
"Solar energy device" means a solar collector or other device or a structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy.
L. 79: Entire section added, p. 1395, § 1, effective May 25.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32.5 - SOLAR EASEMENTS (§§ 38-32.5-100.3 — 38-32.5-103) › Section 38-32.5-101 - Solar easements - creation

Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements; except that a solar easement shall not be acquired by prescription.
L. 75: Entire article added, p. 1430, § 1, effective July 18. L. 79: Entire section amended, p. 1395, § 2, effective May 25.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32.5 - SOLAR EASEMENTS (§§ 38-32.5-100.3 — 38-32.5-103) › Section 38-32.5-102 - Contents

(1)
Any instrument creating a solar easement shall include, but the contents shall not be limited to:
(a)
A description of the vertical and horizontal angles, expressed in degrees together with any pertinent hourly, diurnal, or seasonal variations thereof, and measured from the site of the solar energy device, within which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three-dimensional space or the place and time of day in which an obstruction to direct sunlight is prohibited or limited;
(b)
Any terms or conditions or both under which the solar easement is granted or will be terminated;
(c)
Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement;
(d)
The restrictions placed upon vegetation, structures, and other objects which would impair or obstruct the passage of sunlight through the easement.
L. 75: Entire article added, p. 1430, § 1, effective July 18. L. 79: (1)(a) amended and (1)(d) added, p. 1396, § 3, effective May 25.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 32.5 - SOLAR EASEMENTS (§§ 38-32.5-100.3 — 38-32.5-103) › Section 38-32.5-103 - Enforcement

In addition to other legal remedies, injunctive relief may be available if otherwise appropriate for the enforcement of solar easements. Nothing in this section shall be construed to affect legal remedies for the enforcement of other types of easements.
L. 79: Entire section added, p. 1395, § 1, effective May 25.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-101 - Short title

This article shall be known and may be cited as the "Condominium Ownership Act".
L. 63: p. 782, § 1. C.R.S. 1963: § 118-15-1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-102 - Condominium ownership recognized

Condominium ownership of real property is recognized in this state. Whether created before or after April 30, 1963, such ownership shall be deemed to consist of a separate estate in an individual air space unit of a multi-unit property together with an undivided interest in common elements. The separate estate of any condominium owner of an individual air space unit and his common ownership of such common elements as are appurtenant to his individual air space unit by the terms of the recorded declaration are inseparable for any period of condominium ownership that is prescribed by the recorded declaration. Condominium ownership may exist on land owned in fee simple or held under an estate for years.
L. 63: p. 782, § 1. C.R.S. 1963: § 118-15-2. L. 69: p. 982, § 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Condominium unit" means an individual air space unit together with the interest in the common elements appurtenant to such unit.
(2)
"Declaration" is an instrument recorded pursuant to section
38-33-105
and which defines the character, duration, rights, obligations, and limitations of condominium ownership.
(3)
Unless otherwise provided in the declaration or by written consent of all the condominium owners, "general common elements" means: The land or the interest therein on which a building or buildings are located; the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of such building or buildings; the basements, yards, gardens, parking areas, and storage spaces; the premises for the lodging of custodians or persons in charge of the property; installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, central air conditioning, and incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; such community and commercial facilities as may be provided for in the declaration; and all other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use.
(4)
"Individual air space unit" consists of any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used for residential, professional, commercial, or industrial purposes which has access to a public street.
(5)
"Limited common elements" means those common elements designated in the declaration as reserved for use by fewer than all the owners of the individual air space units.
L. 63: p. 782, § 1. C.R.S. 1963: § 118-15-3. L. 69: p. 982, § 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 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.
L. 63: p. 783, § 1. C.R.S. 1963: § 118-15-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-105 - Recording of declaration - certain rules and laws to apply

(1)
The declaration shall be recorded in the county where the condominium property is located. Such declaration shall provide for the filing for record of a map properly locating condominium units. Any instrument affecting the condominium unit may legally describe it by the identifying condominium unit number or symbol as shown on such map. If such declaration provides for the disposition of condominium units in the event of the destruction or obsolescence of buildings in which such units are situate and restricts partition of the common elements, the rules or laws known as the rule against perpetuities and the rule prohibiting unlawful restraints on alienation shall not be applied to defeat or limit any such provisions.
(2)
To the extent that any such declaration contains a mandatory requirement that all condominium unit owners be members of an association or corporation or provides for the payment of charges assessed by the association upon condominium units or the appointment of an attorney-in-fact to deal with the property upon its destruction or obsolescence, any rule of law to the contrary notwithstanding, the same shall be considered as covenants running with the land binding upon all condominium owners and their successors in interest. Any common law rule terminating agency upon death or disability of a principal shall not be applied to defeat or limit any such provisions.
L. 63: p. 784, § 1. C.R.S. 1963: § 118-15-5. L. 69: p. 983, § 3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 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.
L. 83: Entire section added, p. 593, § 3, effective May 25.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-107 - Records of receipts and expenditures - availability for examination

The manager or board of managers, as the case may be, shall keep detailed, accurate records of the receipts and expenditures affecting the general and limited common elements. Such records authorizing the payments shall be available for examination by the unit owners at convenient weekday business hours.
L. 75: Entire section added, p. 1434, § 1, effective 1/1/1976.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-108 - Violations - penalty

Any person who knowingly and willfully violates the provisions of section
38-33-106
or
38-33-107
is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.
L. 75: Entire section added, p. 1434, § 1, effective 1/1/1976.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-109 - Unit owners' liability

In any suit or arbitration against a condominium unit owners' association wherein damages are awarded or settlement is made, the individual unit owner's liability in his capacity as a percentage owner of the general or limited common elements or as a member of the condominium association shall not exceed the amount of damages or settlement multiplied by his percentage ownership in the general or limited common elements, as the case may be. In the case of incorporation by unit owners, their liability as stockholders shall be determined as any other corporate stockholder.
L. 75: Entire section added, p. 1434, § 1, effective 1/1/1976.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-111 - Special provisions applicable to time share ownership

(1)
No time share estates shall be created with respect to any condominium unit except pursuant to provisions in the project instruments expressly permitting the creation of such estates. Each time share estate shall constitute for all purposes an estate or interest in real property, separate and distinct from all other time share estates in the same unit or any other unit, and such estates may be separately conveyed and encumbered.
(2)
Repealed.
(3)
With respect to each time share unit, each owner of a time share estate therein shall be individually liable to the unit owners' association or corporation for all assessments, property taxes both real and personal, and charges levied pursuant to the project instruments against or with respect to that unit, and such association or corporation shall be liable for the payment thereof, except to the extent that such instruments provide to the contrary. However, with respect to each other, each time share owner shall be responsible only for a fraction of such assessments, property taxes both real and personal, and charges proportionate to the magnitude of his undivided interest in the fee to the unit.
(4)
No person shall have standing to bring suit for partition of any time share unit except in accordance with such procedures, conditions, restrictions, and limitations as the project instruments and the deeds to the time share estates may specify. Upon the entry of a final order in such a suit, it shall be conclusively presumed that all such procedures, conditions, restrictions, and limitations were adhered to.
(5)
In the event that any condemnation award, any insurance proceeds, the proceeds of any sale, or any other sums shall become payable to all of the time share owners of a unit, the portion payable to each time share owner shall be proportionate to the magnitude of his undivided interest in the fee to the unit.
L. 77: Entire section added, p. 1717, § 1, effective July 1. L. 79: (2) repealed and (3) amended, p. 1397, §§ 2, 1, effective May 22.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33 - CONDOMINIUM OWNERSHIP ACT (§§ 38-33-101 — 38-33-113) › Section 38-33-113 - License to sell condominiums and time shares

The general assembly hereby finds and declares that the licensing of persons to sell condominiums and time shares is a matter of statewide concern.
L. 83: Entire section added, p. 594, § 5, effective May 25.
For the licensing of real estate brokers and salespersons, see article 10 of title 12.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-101 - Short title

This article shall be known and may be cited as the "Colorado Common Interest Ownership Act".
L. 91: Entire article added, p. 1701, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-102 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares, as follows:
(a)
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;
(b)
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;
(c)
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;
(d)
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;
(e)
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.
L. 91: Entire article added, p. 1701, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
L. 91: Entire article added, p. 1707, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-105 - Separate titles and taxation

(1)
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.
(2)
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.
(3)
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.
L. 91: Entire article added, p. 1707, § 1, effective 7/1/1992. L. 93: (1) and (2) amended, p. 643, § 2, effective April 30.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-106 - Applicability of local ordinances, regulations, and building codes

(1)
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.
(2)
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.
L. 91: Entire article added, p. 1707, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
Amended by 2023 Ch. 165,§ 11, eff. 8/7/2023.
Amended by 2021 Ch. 283, § 2, eff. 9/7/2021.
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. 1675, p. 1675, § 2, effective September 7.
2023 Ch. 165, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 283, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 21-246, see section 1 of chapter 283, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 38-33.3-107 - Eminent domain

(1)
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.
(2)
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:
(a)
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
(b)
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.
(3)
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.
(4)
The court decree shall be recorded in every county in which any portion of the common interest community is located.
(5)
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.
L. 91: Entire article added, p. 1708, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
L. 91: Entire article added, p. 1709, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
L. 91: Entire article added, p. 1709, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
L. 91: Entire article added, p. 1709, § 1, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 1 - GENERAL PROVISIONS (§§ 38-33.3-101 — 38-33.3-124) › Section 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.
L. 91: Entire article added, p. 1709, § 1, effective 7/1/1992.