Chapter 15 - § 15.1 • CEMETERY COMPANIES

• Jurisdiction: Colorado

§ 15.1 • CEMETERY COMPANIES

§ 15.1.1—Formation of Cemetery Companies

Three or more persons may associate themselves together under the provisions of law for the purpose of producing and establishing a cemetery or place of sepulture. Upon such association and compliance with the provisions of law, they become a body politic and corporate.¹

A board of directors for a non-profit cemetery corporation must include at least one director who owns a lot, grave space, niche, or crypt. If such an owner cannot be found to serve as a director, the board of directors must maintain a vacancy until the director position can be filled by such an owner.²

An owner of a lot, grave space, niche, or crypt may attend any meeting of the board of directors, but may not participate in meetings of the board of directors without permission of the chairperson. The board of directors must provide reasonable notice of any board meeting to owners of a lot, grave space, niche, or crypt.³

§ 15.1.2—Powers of Cemetery Companies

A cemetery company may sue and be sued, may have a common seal that may be altered at pleasure, may purchase, hold, and convey real and personal property,⁴ and may acquire by eminent domain suitable and sufficient land for the establishment and maintenance of a cemetery or burial place for the dead.⁵

§ 15.1.3—Survey and Plat of Cemetery Lots

A cemetery company must cause its land, or such portion of it as may, from time to time become necessary for that purpose, to be surveyed into lots, avenues, and walks, and to be platted. The plat of ground as surveyed must be acknowledged by some officer of the cemetery company and filed in the office of the recorder of the county in which the land is situated. Each lot must be regularly numbered by the surveyor, and the number must be marked on the plat.⁶

§ 15.1.4—Records and Reports

A nonprofit cemetery corporation must keep in its principal office and, upon reasonable request, must make available for inspection and study to the owner of any grave space, niche, or crypt,⁷ or to a duly authorized representative of the owner, the following:

• An annual report setting forth the number of interments and entombments maintained by the nonprofit cemetery corporation, the number of interments and entombments for the preceding year, and any other facts necessary to show the actual financial condition of the nonprofit cemetery corporation;
• A complete and current copy of any bylaws or articles of incorporation adopted by the

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