Colorado Code § 38-33-105

Recording of declaration - certain rules and laws to apply
Open in Lexace · Ask the AI about this section
(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.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.