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 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-301 - Organization of unit owners' association

A unit owners' association shall be organized no later than the date the first unit in the common interest community is conveyed to a purchaser. The membership of the association at all times shall consist exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under section
38-33.3-218
, or their heirs, personal representatives, successors, or assigns. The association shall be organized as a nonprofit, not-for-profit, or for-profit corporation or as a limited liability company in accordance with the laws of the state of Colorado; except that the failure of the association to incorporate or organize as a limited liability company will not adversely affect either the existence of the common interest community for purposes of this article or the rights of persons acting in reliance upon such existence, other than as specifically provided in section
38-33.3-316
. Neither the choice of entity nor the organizational structure of the association shall be deemed to affect its substantive rights and obligations under this article.
L. 91: Entire article added, p. 1735, § 1, effective 7/1/1992. L. 98: Entire section amended, p. 483, § 13, effective July 1. L. 2005: Entire section amended, p. 1382, § 11, effective 1/1/2006.
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 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-302.5 - Unit owners' access to common elements - duties of association - unreasonable restrictions and prohibitions prohibited - notice of restriction or prohibition required

(1)
In regulating the use of common elements, as permitted by section
38-33.3-302(1)(f)
, an association shall preserve and protect unit owners' ability to use and enjoy common elements and shall not unreasonably restrict or prohibit unit owners' access to, or enjoyment of, any common element, including during the maintenance, repair, replacement, or modification of a common element.
(2)
During maintenance, repair, replacement, or modification of a common element, an association may restrict or prohibit unit owners' access to, and enjoyment of, the common element only to the extent and for the length of time necessary to:
(a)
Protect the safety of any individuals, including unit owners and individuals performing the maintenance, repair, replacement, or modification of the common element; or
(b)
Preserve the structural integrity or condition of a repair, replacement, or modification.
(3)
If an association must restrict or prohibit unit owners' access to one or more common elements of the common interest community for more than seventy-two hours, the association shall:
(a)
Provide an electronic or written notice to each unit owner, which notice is provided as soon as reasonably possible and includes:
(I)
A simple explanation of the reason for the restriction or prohibition;
(II)
An indication of the estimated time or date upon which the restriction or prohibition will no longer exist; and
(III)
A telephone number or e-mail address whereby a unit owner may pose questions or concerns about the restriction or prohibition for the consideration of the association; and
(b)
Post a visible, clearly legible notice at each physical access point to the common element, which notice remains posted for the duration of the restriction or prohibition and includes the elements described in subsection (3)(a) of this section.
Added by 2022 Ch. 93,§2, eff. 8/10/2022.
2022 Ch. 93, was passed without a safety clause. See Colo. Const. art. V, § 1(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 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-305 - Termination of contracts and leases of declarant

(1)
The following contracts and leases, if entered into before the executive board elected by the unit owners pursuant to section
38-33.3-303 (7)
takes office, may be terminated without penalty by the association, at any time after the executive board elected by the unit owners pursuant to section
38-33.3-303 (7)
takes office, upon not less than ninety days' notice to the other party:
(a)
Any management contract, employment contract, or lease of recreational or parking areas or facilities;
(b)
Any other contract or lease between the association and a declarant or an affiliate of a declarant; or
(c)
Any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing.
(2)
Subsection (1) of this section does not apply to any lease the termination of which would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section or a proprietary lease.
L. 91: Entire article added, p. 1743, § 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 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-306 - Bylaws

(1)
In addition to complying with applicable sections, if any, of the "Colorado Business Corporation Act", articles
101
to
117
of title
7
, C.R.S., or the "Colorado Revised Nonprofit Corporation Act", articles
121
to
137
of title
7
, C.R.S., if the common interest community is organized pursuant thereto, the bylaws of the association must provide:
(a)
The number of members of the executive board and the titles of the officers of the association;
(b)
Election by the executive board of a president, a treasurer, a secretary, and any other officers of the association the bylaws specify;
(c)
The qualifications, powers and duties, and terms of office of, and manner of electing and removing, executive board members and officers and the manner of filling vacancies;
(d)
Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;
(e)
Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and
(f)
A method for amending the bylaws.
(2)
Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
(3)
(a)
If an association with thirty or more units delegates powers of the executive board or officers relating to collection, deposit, transfer, or disbursement of association funds to other persons or to a managing agent, the bylaws of the association shall require the following:
(I)
That the other persons or managing agent maintain fidelity insurance coverage or a bond in an amount not less than fifty thousand dollars or such higher amount as the executive board may require;
(II)
That the other persons or managing agent maintain all funds and accounts of the association separate from the funds and accounts of other associations managed by the other persons or managing agent and maintain all reserve accounts of each association so managed separate from operational accounts of the association;
(III)
That an annual accounting for association funds and a financial statement be prepared and presented to the association by the managing agent, a public accountant, or a certified public accountant.
(b)
Repealed.
L. 91: Entire article added, p. 1743, § 1, effective 7/1/1992. L. 92: (3) added, p. 2096, § 1, effective 7/1/1993. L. 93: (3) amended, p. 1464, § 10, effective June 6; IP(1) amended, p. 865, § 40, effective 7/1/1994. L. 96: (3)(b) repealed, p. 1088, § 2, effective May 23. L. 97: IP(1) amended, p. 764, § 36, effective 7/1/1998.
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 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-309 - Quorums

(1)
Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast twenty percent, or, in the case of an association with over one thousand unit owners, ten percent, of the votes which may be cast for election of the executive board are present, in person or by proxy at the beginning of the meeting.
(2)
Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent of the votes on that board are present at the beginning of the meeting or grant their proxy, as provided in section
7-128-205 (4)
, C.R.S.
L. 91: Entire article added, p. 1745, § 1, effective 7/1/1992. L. 98: (2) amended, p. 484, § 16, 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 33.3 - COLORADO COMMON INTEREST OWNERSHIP ACT (§§ 38-33.3-101 — 38-33.3-402) › Part 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-310.5 - Executive board - conflicts of interest - definitions

(1)
Section
7-128-501
, C.R.S., shall apply to members of the executive board; except that, as used in that section:
(a)
"Corporation" or "nonprofit corporation" means the association.
(b)
"Director" means a member of the association's executive board.
(c)
"Officer" means any person designated as an officer of the association and any person to whom the board delegates responsibilities under this article, including, without limitation, a managing agent, attorney, or accountant employed by the board.
L. 2005: Entire section added, p. 1386, § 16, effective 1/1/2006. L. 2006: Entire section R&RE, p. 1223, § 12, effective May 26.
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 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-311 - Tort and contract liability

(1)
Neither the association nor any unit owner except the declarant is liable for any cause of action based upon that declarant's acts or omissions in connection with any part of the common interest community which that declarant has the responsibility to maintain. Otherwise, any action alleging an act or omission by the association must be brought against the association and not against any unit owner. If the act or omission occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for all tort losses not covered by insurance suffered by the association or that unit owner and all costs that the association would not have incurred but for such act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney fees, incurred by the association. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from maintaining an action contemplated by this section by being a unit owner or a member or officer of the association.
(2)
The declarant is liable to the association for all funds of the association collected during the period of declarant control which were not properly expended.
L. 91: Entire article added, p. 1746, § 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 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-314 - Surplus funds

Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of or provision for reserves shall be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.
L. 91: Entire article added, p. 1752, § 1, effective 7/1/1992. L. 93: Entire section amended, p. 652, § 19, 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 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-318 - Association as trustee

With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has the power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
L. 91: Entire article added, p. 1756, § 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 3 - MANAGEMENT OF THE COMMON INTEREST COMMUNITY (§§ 38-33.3-301 — 38-33.3-319) › Section 38-33.3-319 - Other applicable statutes

To the extent that provisions of this article conflict with applicable provisions in the "Colorado Business Corporation Act", articles
101
to
117
of title
7
, C.R.S., the "Colorado Revised Nonprofit Corporation Act", articles
121
to
137
of title
7
, C.R.S., the "Uniform Partnership Law", article
60
of title
7
, C.R.S., the "Colorado Uniform Partnership Act (1997)", article
64
of title
7
, C.R.S., the "Colorado Uniform Limited Partnership Act of 1981", article
62
of title
7
, C.R.S., article
1
of this title, article
55
of title
7
, C.R.S., article
33.5
of this title, and section
39-1-103 (10)
, C.R.S., and any other laws of the state of Colorado which now exist or which are subsequently enacted, the provisions of this article shall control.
L. 91: Entire article added, p. 1756, § 1, effective 7/1/1992. L. 93: Entire section amended, p. 865, § 41, effective 7/1/1994. L. 97: Entire section amended, p. 919, § 18, effective 1/1/1998; entire section amended, p. 764, § 37, effective 7/1/1998.
Amendments to this section by House Bill 97-1237 and Senate Bill 97-91 were harmonized.
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 4 - REGISTRATION (§§ 38-33.3-401 — 38-33.3-402) › Section 38-33.3-402 - [Repealed]

Repealed by 2020 Ch. 216, § 66, eff. 6/30/2020.
L. 2013: Entire section added, (HB 13-1277), ch. 2040, p. 2040, § 2, effective 1/1/2015. L. 2015: Entire section amended, (HB 15-1343), ch. 796, p. 796, § 10, effective May 20. L. 2020: Entire section repealed, (HB 20-1402), ch. 1057, p. 1057, § 66, effective June 30.
Amended by 2015 Ch. 216, § 10, eff. 5/20/2015.
Added by 2013 Ch. 352, § 2, eff. 1/1/2015.
L. 2013: Entire section added, (HB 13-1277), ch. 352, p. 2040, § 2, effective January 1, 2015. L. 2015: Entire section amended, (HB 15-1343), ch. 216, p. 796, § 10, effective May 20.
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 33.5 - COOPERATIVE HOUSING CORPORATIONS - HOUSING FOR MEMBERS (§§ 38-33.5-101 — 38-33.5-106) › Section 38-33.5-101 - Method of formation - purpose

Cooperative housing corporations may be formed by any three or more adult residents of this state associating themselves to form a cooperative or nonprofit corporation, pursuant to article 55, 56, or 58 of title 7, C.R.S., or the "Colorado Revised Nonprofit Corporation Act", articles
121
to
137
of title
7
, C.R.S. The specified purpose of the entity must be to provide each stockholder in or member of the entity with the right to occupy, for dwelling purposes, a house or an apartment in a building owned or leased by the entity.
L. 80: Entire article added, p. 704, § 1, effective July 1. L. 97: Entire section amended, p. 764, § 38, effective 7/1/1998. L. 2011: Entire section amended, (SB 11 -191), ch. 197, p. 820, § 5, effective 4/2/2012.
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 33.5 - COOPERATIVE HOUSING CORPORATIONS - HOUSING FOR MEMBERS (§§ 38-33.5-101 — 38-33.5-106) › Section 38-33.5-102 - Requirements for articles of incorporation of cooperative housing corporations

(1)
In addition to any other requirements for articles of incorporation imposed by the "Colorado Revised Nonprofit Corporation Act", articles
121
to
137
of title
7
, C.R.S., such articles of incorporation shall, in the case of cooperative housing corporations, include the following provisions:
(a)
That the corporation shall have only one class of stock outstanding;
(b)
That each stockholder is entitled, solely by reason of his ownership of stock in the corporation, to occupy, for dwelling purposes, a house or an apartment in a building owned or leased by the corporation;
(c)
That the interest of each stockholder in the corporation shall be inseparable from and appurtenant to the right of occupancy, and shall be deemed an estate in real property for all purposes, and shall not be deemed personal property;
(d)
That no stockholder is entitled to receive any distribution not out of earnings and profits of the corporation except on a complete or partial liquidation of the corporation.
L. 80: Entire article added, p. 704, § 1, effective July 1. L. 97: IP(1) amended, p. 764, § 39, effective 7/1/1998.
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 33.5 - COOPERATIVE HOUSING CORPORATIONS - HOUSING FOR MEMBERS (§§ 38-33.5-101 — 38-33.5-106) › Section 38-33.5-103 - Provisions relating to taxes, interest, and depreciation on corporate property

(1)
The bylaws of a cooperative housing corporation shall provide that no less than eighty percent of the gross income of the corporation in any taxable year shall be derived from payments from tenant-stockholders. For the purposes of this article, "tenant-stockholder" means an individual who is a stockholder in the corporation and whose stock is fully paid when measured by his proportionate share of the value of the corporation's equity in the property.
(2)
The bylaws shall further provide that each tenant-stockholder shall be credited with his proportionate payment of real estate taxes paid or incurred in any year on the buildings and other improvements owned or leased by the corporation in which the tenant-stockholder's living quarters are located, together with the land to which such improvements are appurtenant, and likewise with respect to interest paid or incurred by the corporation as well as depreciation on real and personal property which are proper deductions related to the said lands and improvements thereon for purposes of state and federal income taxation.
L. 80: Entire article added, p. 705, § 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 33.5 - COOPERATIVE HOUSING CORPORATIONS - HOUSING FOR MEMBERS (§§ 38-33.5-101 — 38-33.5-106) › Section 38-33.5-104 - Financing of cooperative housing - stock certificates held by tenant-stockholders

Stock certificates or membership certificates issued by cooperative housing corporations to tenant-stockholders shall be valid securities for investment by savings and loan associations, when the conditions imposed by section
11-41-119(13)
, C.R.S., are met.
L. 80: Entire article added, p. 705, § 1, effective July 1. L. 99: Entire section amended, p. 629, § 39, effective August 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 33.5 - COOPERATIVE HOUSING CORPORATIONS - HOUSING FOR MEMBERS (§§ 38-33.5-101 — 38-33.5-106) › Section 38-33.5-105 - Provisions to be included in proprietary lease or right of tenancy issued by corporation

(1)
Every stockholder of a cooperative housing corporation shall be entitled to receive from the corporation a proprietary lease or right of tenancy document which shall include the following provisions:
(a)
That no sublease in excess of one year, amendment, or modification to such proprietary lease or right of tenancy in the property shall be permitted or created without the lender's prior written consent; and
(b)
That the security for a loan against the tenant-stockholder's interest shall be in the nature of a real property security interest, and any default of such loan shall entitle the lender to treat such default in the same manner as a default of a loan secured by real property.
L. 80: Entire article added, p. 705, § 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 33.5 - COOPERATIVE HOUSING CORPORATIONS - HOUSING FOR MEMBERS (§§ 38-33.5-101 — 38-33.5-106) › Section 38-33.5-106 - Exemption from securities laws

Any stock certificate or other evidence of membership issued by a cooperative housing corporation as an investment in its stock or capital to tenant-stockholders of such corporation is exempt from securities laws contained in article
51
of title
11
, C.R.S.
L. 80: Entire article added, p. 705, § 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 34 - RULES OF CONSTRUCTION (§§ 38-34-101 — 38-34-106) › Section 38-34-101 - General policy regarding titles

It is the purpose and intention of this article and article 35, part 2 of article 39, and part 1 of article
41
of this title to render titles to real property and every interest therein more secure and marketable, and it is declared to be the policy in this state that this article and all other laws concerning or affecting title to real property and every interest therein and all recorded instruments, decrees, and orders of courts of record, including all proceedings in the suits or causes wherein such orders or decrees have been entered or rendered, shall be liberally construed with the end in view of rendering such titles absolute and free from technical defects so that subsequent purchasers and encumbrancers by way of mortgage, judgment, or otherwise may rely on the record title and so that the record title of the party in possession is sustained and not defeated by technical or strict constructions.
L. 27: p. 605, § 44. CSA: C. 40, § 151. CRS 53: § 118-8-1. C.R.S. 1963: § 118-8-1. L. 92: Entire section amended, p. 2185, § 65, effective June 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 34 - RULES OF CONSTRUCTION (§§ 38-34-101 — 38-34-106) › Section 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.
L. 27: p. 605, § 45. CSA: C. 40, § 152. CRS 53: § 118-8-2. C.R.S. 1963: § 118-8-2.
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 34 - RULES OF CONSTRUCTION (§§ 38-34-101 — 38-34-106) › Section 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.
L. 27: p. 606, § 46. CSA: C. 40, § 153. CRS 53: § 118-8-3. C.R.S. 1963: § 118-8-3.
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 34 - RULES OF CONSTRUCTION (§§ 38-34-101 — 38-34-106) › Section 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.
L. 27: p. 606, § 48. CSA: C. 40, § 155. CRS 53: § 118-8-5. C.R.S. 1963: § 118-8-5.
For succession of title to property held in trust for churches or religious societies, see § 7-52-105.
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 34 - RULES OF CONSTRUCTION (§§ 38-34-101 — 38-34-106) › Section 38-34-105 - When deed transferred before formation - definitions

(1)
If a grantee described in a deed as an entity has not been formed at the time of the delivery of the deed to the grantee, the title to the real property described in the deed vests in the grantee when the entity is formed, and no other instrument of conveyance is required.
(2)
As used in this section:
(a)
"Entity" has the meaning specified in section
7-90-102(20)
, C.R.S.
(b)
"Formed" has the meaning specified in section
7-90-102
(29.5), C.R.S.
Amended by 2015 Ch. 72,§ 1, eff. 8/5/2015.
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.
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 34 - RULES OF CONSTRUCTION (§§ 38-34-101 — 38-34-106) › Section 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.
L. 27: p. 607, § 50. CSA: C. 40, § 157. CRS 53: § 118-8-7. C.R.S. 1963: § 118-8-7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-102 - When unacknowledged instruments prima facie evidence

(1)
When an instrument, which by its terms constitutes a promise or obligation for the payment of money and also by its terms gives or creates or purports to give or to create a lien upon real estate as security for the payment of such money, at the time that such instrument has been filed for record in the office of the county clerk and recorder of the county in which said real estate is situate, irrespective of whether such recording is the original recording of such instrument or a recording of such instrument subsequent to its original recording, bears upon its face or upon its back an assignment, transfer, or endorsement thereof, such instrument and such assignment, transfer, or endorsement thereof or the recorded copy of such instrument and of such assignment, transfer, or endorsement thereof or a certified copy of the recorded copy of said instrument and of such assignment, transfer, or endorsement thereof certified by the county clerk and recorder shall be admissible in evidence as and shall constitute prima facie evidence of such transfer, assignment, or endorsement of such instrument from the person whose purported signature is affixed to such assignment, transfer, or endorsement to the person named in such assignment, transfer, or endorsement as the assignee, transferee, or endorsee of such instrument, irrespective of whether or not such assignment, transfer, or endorsement has been acknowledged in the manner provided by law for the acknowledgment of instruments relating to or affecting title to real property or acknowledged at all.
(2)
The provisions of this section shall relate and apply to all of such instruments which have been executed prior to May 4, 1937, as well as to all such instruments executed after said date, irrespective of whether said assignments, transfers, or endorsements were executed before or after May 4, 1937, and irrespective of whether such instruments and such assignments, transfers, and endorsements thereof were recorded before or after said date.
L. 37: p. 479, § 2. CSA: C. 40, § 107(1). CRS 53: § 118-6-2. C.R.S. 1963: § 118-6-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-103 - Acknowledgment before notary

In addition to the officers empowered by law to take acknowledgments within or without the United States, deeds and other instruments in writing may be acknowledged before any notary public having a notarial seal.
L. 27: p. 587, § 2. CSA: C. 40, § 108. CRS 53: § 118-6-3. C.R.S. 1963: § 118-6-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-104 - Acknowledged instruments as evidence

All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting the title to real property, acknowledged or proved in accordance with this article or acknowledged, attested, or proved in accordance with the laws of this state or the local laws of the mining district wherein such real property is situate, in force at the date of such acknowledgment, attestation, or proof, may be read in evidence without further proof of the execution thereof. The record of any such deed, power of attorney, agreement, or other instrument in writing, whether an original record of any mining district or a copy thereof deposited in the county clerk and recorder's office of any county in accordance with the laws of this state as a part of the records of such mining district or a record of such county clerk and recorder's office when the same appears by such record to be properly acknowledged, attested, or proved in accordance with the laws of this state or of the proper mining district in force at the date of such acknowledgment, attestation, or proof, or a transcript from any such record certified by the county clerk and recorder of the proper county where such deed, power of attorney, or agreement made by law is recorded may be read in evidence with like effect as the original of such deed, agreement, power of attorney, or other instrument in writing, properly acknowledged, attested, or proved as provided in this article.
L. 27: p. 587, § 3. CSA: C. 40, § 109. CRS 53: § 118-6-4. C.R.S. 1963: § 118-6-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-105 - Foreign instruments, prima facie evidence

All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property in this state purporting to have been acknowledged or proved out of this state before a notary public or other officer empowered by the laws of this state to take acknowledgments, if the form of acknowledgment is in substantial compliance with the laws of the state or territory where taken or in substantial compliance with the requirement of this article, shall be deemed prima facie to have been properly acknowledged or proved before proper officers, and such deeds or other instruments in writing or the record thereof or a certified copy of the record thereof shall be received as prima facie evidence of the execution, acknowledgment, and delivery thereof.
L. 27: p. 588, § 4. CSA: C. 40, § 110. CRS 53: § 118-6-5. C.R.S. 1963: § 118-6-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-106 - Deeds - acknowledgment, absent or defective - notice - deemed proper, when

(1)
Any written instrument required or permitted to be acknowledged affecting title to real property, whether acknowledged, unacknowledged, or defectively acknowledged, after being recorded in the office of the county clerk and recorder of the county where the real property is situate, shall be notice to all persons or classes of persons claiming any interest in said property.
(2)
Any unacknowledged or defectively acknowledged instrument which has remained of record for a period of ten years in such office shall be deemed to have been properly acknowledged. This section shall apply to all recorded instruments.
(3)
A document required or permitted to be acknowledged affecting title to real property that is signed in a person's official capacity by a public trustee, county treasurer, county sheriff, or a deputy of such an official acting for that official that contains the seal of such an official shall be deemed to have been properly acknowledged.
L. 27: p. 589, § 5. CSA: C. 40, § 111. L. 37: p. 481, § 3. CRS 53: § 118-6-6. L. 59: p. 641, § 1. C.R.S. 1963: § 118-6-6. L. 2004: (3) added, p. 1371, § 8, effective May 28.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-106.5 - Written instruments - information regarding property description

Except as otherwise provided in this article, any deed, power of attorney, agreement, or other instrument in writing executed and recorded on or after July 1, 1992, which contains a newly created legal description of real property shall include the name and address of the person who created such legal description. Nothing in this section shall affect the validity or recordability of any instrument which is prepared in violation of this section. Nothing in this section shall confer liability upon a person who prepares any instrument which is in violation of this section.
L. 92: Entire section added, p. 2107, § 1, effective April 9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-107 - Recitals in deeds prima facie evidence - when

All recitals contained in deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property that have remained of record in the office of the county clerk and recorder of the county where the real property affected is situated for a period of twenty years shall be accepted and received as prima facie evidence of the facts recited therein. This section shall not apply to the recitals, exceptions, and reservations described in section
38-35-108
and affidavits described in section
38-35-109(5)
.
L. 27: p. 589, § 6. CSA: C. 40, § 112. CRS 53: § 118-6-7. C.R.S. 1963: § 118-6-7. L. 2003: Entire section amended, p. 834, § 2, effective August 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-108 - Reference to some other instrument affects only the parties thereto

When a deed or any other instrument in writing affecting title to real property has been recorded and such deed or other instrument contains a recitation of or reference to some other instrument purporting to affect title to said real property, such recitation or reference shall bind only the parties to the instrument and shall not be notice to any other person whatsoever unless the instrument mentioned or referred to in the recital is of record in the county where the real property is situated. Unless the same is so recorded, no person other than the parties to the instrument shall be required to make any inquiry or investigation concerning such recitation or reference. All such recitations or references contained in deeds and instruments recorded prior to March 28, 1927, shall, after the expiration of one year from March 28, 1927, cease to be notice unless the instrument referred to in said reservation, exception, or reference is actually recorded within said one-year period.
L. 27: p. 589, § 7. CSA: C. 40, § 113. CRS 53: § 118-6-8. C.R.S. 1963: § 118-6-8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-109.5 - Recording of instruments conveying real property to public entities

(1)
Any instrument, including, but not limited to, a resolution, ordinance, deed, conveyance document, plat, or survey, conveying the title of real property to the state or a political subdivision shall be recorded in the office of the clerk and recorder of the county in which such real property is situated within thirty days of such conveyance. If the state or a political subdivision fails to record such instrument pursuant to this section, the state or political subdivision shall be liable for the amount of interest incurred by the county pursuant to the provisions of section
39-12-111
, C.R.S., due to such failure to record.
(2)
For purposes of satisfying the recording requirement in subsection (1) of this section, the executive director of the appropriate state department or his or her designee shall record any instrument conveying the title of real property to the state, and a political subdivision shall designate an appropriate official or officials who shall record any instrument conveying the title of real property to the political subdivision.
(3)
For purposes of this section, "political subdivision" means a county, city and county, city, town, service authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.
L. 97: Entire section added, p. 19, § 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) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-111 - Option to purchase - notice for one year only

(1)
Recorded instruments in writing of the nature of an option to purchase affecting title to real property under the terms of which instruments possession is not delivered to the purchaser shall not constitute notice to any person for a period of more than one year after the time specified in such instrument for the conveyance of said property. After the expiration of such period, such instrument shall cease to be notice to any person for any purpose.
(2)
All such instruments which have been recorded prior to March 28, 1927, shall constitute notice only for one year from said date if the time for performance therein fixed has expired. Thereafter such instruments shall cease to be notice to any person for any purpose. In the event the time for performance specified in such instrument has not expired by March 28, 1927, such instrument shall constitute notice only for a period of one year from the time in said instrument specified for performance, and thereafter the same shall cease to be notice to any person for any purpose.
(3)
If a notice of lis pendens conforming to the requirements of section
38-35-110
is recorded prior to the expiration of the one-year period, such instrument shall continue to be notice until the later of the expiration of such period or the date the lis pendens ceases to be in effect or expires and ceases to be notice in accordance with the provisions of section
38-35-110
.
L. 27: p. 591, § 10. CSA: C. 40, § 116. CRS 53: § 118-6-11. C.R.S. 1963: § 118-6-11. L. 2002: (3) amended, p. 51, § 4, effective March 21.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-112 - Certificate of death when properly recorded may be admitted as evidence

A certificate of death or a verification of death document issued by a public official, whose apparent official duties include the keeping of records of death, of any state, territory, county, parish, district, city, town, village, province, nation, or other governmental agency or subdivision thereof or a copy of any such certificate of death or a verification of death document certified by such public official or by the county clerk and recorder of any county in the state of Colorado in whose office the same or a certified copy thereof has been recorded shall, insofar as the death may affect any interest in real property, be prima facie evidence of the death so certified and of the time and place of such death and shall be admissible in evidence in any court in the state of Colorado. Such method of proving death shall not be exclusive and nothing in this section shall be construed to prevent the proof of the death of any person in any other manner authorized by law.
Amended by 2014 Ch. 30,§ 8, eff. 7/1/2014.
L. 27: p. 591, § 11. CSA: C. 40, § 117. CRS 53: § 118-6-12. C.R.S. 1963: § 118-6-12. L. 2014: Entire section amended, (HB 14-1073), ch. 30, p. 178, § 8, effective July 1.
For proof of ownership of joint tenancy of real property, see §§ 38-31-102 and 38-31-103.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-113 - Affidavits referring to death, intestacy, heirship, accepted as prima facie evidence

All statements relating to death, intestacy, heirship, relationship, age, sex, names, and identity of persons contained in affidavits which remain of record for a period of twenty years in the office of the county clerk and recorder of the county where the real property affected by the facts stated in such affidavits is situated shall be accepted and received as prima facie evidence of the facts stated in such affidavits insofar as such facts affect title to real property.
L. 41: p. 605, § 1. CSA: C. 40, § 117(1). CRS 53: § 118-6-13. C.R.S. 1963: § 118-6-13.