Chapter 3 - § 3.8 • RECORDING OF PUD NOT REQUIRED

• Jurisdiction: Colorado

§ 3.8 • RECORDING OF PUD NOT REQUIRED

Upon approval of a PUD by a county or municipality, the PUD plan may be recorded in the county property records. Some local government PUD regulations provide that the PUD plan is not effective until it is recorded. Most Colorado cities and counties that use PUD powers do not require recording, both because PUDs for large developments are often amended before the project is finished (which would then require re-recording of the amendments) and because the length and detail of PUD documents could result in very high recording fees. Where the local PUD regulations are silent on recording, recording is not required because the PUD plans were approved following a public approval process. Thus, the object of recording — notice to the public — is satisfied, and recordation is not required to make PUD plans enforceable against subsequent purchasers of the property.⁴⁷ If the PUD involves a subdivision approval, however, then it must be recorded pursuant to subdivision law or many of the rights that accrue to the public and to property owners in the development related to streets and open spaces may not exist.

In general, an approving municipality need not take...