Chapter 3 - § 3.6 • COMMON OPEN SPACE

• Jurisdiction: Colorado

§ 3.6 • COMMON OPEN SPACE

A local PUD ordinance or resolution may require that common open space be included in the PUD.

§ 3.6.1—Ownership and Maintenance of Common Open Space

• C.R.S. § 24-67-105(6)(a), (b)

A resolution or ordinance that requires inclusion of common open space may also require that the landowner provide for and establish an organization for the ownership and maintenance of that common open space, or that other adequate arrangements be made for the ownership and maintenance.³⁵

§ 3.6.2—Failure to Maintain Common Open Space

• C.R.S. § 24-67-105(6)(c), (d)

The PUD Act provides that if the organization established to own and maintain the common open space fails to do so in accordance with the PUD plan, the county or municipality may serve written notice upon the organization or upon the residents of the PUD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, with a demand that such deficiencies be cured within 30 days. The notice must also set a date and place of hearing on the matter to be held within 14 days.³⁶

If the open space maintenance deficiencies are not cured within the required time period, the county or municipality may maintain the common open space for one year. Before the expiration of the year, the county or municipality must, either on its own initiative or on the written request of the organization responsible for the maintenance, call a public hearing where the organization or the residents of the PUD must show cause why the maintenance should not, at the election of the county or municipality, continue for another year. If it is determined that the organization is ready and able to maintain the common open space in a reasonable condition, the county or municipality is to cease maintenance at the end of...