Chapter 3 - § 3.10 • ENFORCEMENT OF PUD PLANS

• Jurisdiction: Colorado

§ 3.10 • ENFORCEMENT OF PUD PLANS

§ 3.10.1—Enforcement by County or Municipality

• C.R.S. § 24-67-106(1)

The provisions of a PUD plan relating to the use of land and the location of common open space run in favor of the county or municipality, and are enforceable by the county or municipality.⁵⁵

§ 3.10.2—Enforcement by Residents, Occupants, and Owners

• C.R.S. § 24-67-106(2)

All approved provisions of a PUD plan run in favor of the residents, occupants, and owners of the PUD, but only to the extent expressly provided in the PUD plan. To that extent, those provisions, whether recorded by plat, covenant, easement, or otherwise, can be enforced by residents, occupants, or owners acting individually, jointly, or through an organization designated in the PUD plan to act on their behalf.⁵⁶ A 1994 Colorado case held that restrictions on development in PUD plans, such as setback requirements, are considered building restrictions (as opposed to zoning regulations) for purposes of the statute of limitations. As a result, claims to enforce PUD plan covenants must be brought within one year of discovering the violation of the plan.⁵⁷

§ 3.10.3—Enforcement Under Ordinances Not Subject to PUD Act

Where a municipality had adopted a PUD ordinance prior to enactment of the PUD Act, and it continues to follow its own ordinance provisions in lieu of the provisions of the PUD Act, the enforcement provisions of the ordinance or resolution apply instead of those of the Act. Thus, if an ordinance or resolution adopted prior to enactment of the PUD Act allows persons other than residents, occupants, or owners to enforce violations of a PUD plan, those persons are entitled to seek enforcement.⁵⁸

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