Chapter 4 - § 4.6 • LEGAL DESCRIPTION OF UNITS

• Jurisdiction: Colorado

§ 4.6 • LEGAL DESCRIPTION OF UNITS

The CCIOA sets forth the standards for a legal description of a unit. It provides that a description of a unit may include "the name of the common interest community, the recording data for the declaration, the county in which the common interest community is located, and the identifying number of the unit."⁶¹ That description is, by the CCIOA, a legally sufficient description of a unit and all the rights, obligations, and interests appurtenant to it that were created by the declaration or bylaws. The CCIOA adds that it is not necessary to use the word "unit" as a part of a legally sufficient description of a unit. The Uniform Act also provides that a description that sets forth the name of the common interest community, the declaration recording data, the county in which the community is located, and the unit's identifying number is a legally sufficient description both of a unit and of its rights, obligations, and appurtenant interests.⁶² A comment to the Act says that the intent of the provision is that no description of a unit in a deed, lease, deed of trust, mortgage, or any other instrument or document will be subject to challenge for failure to meet any common law or other requirements, as long as the requirements of the section are satisfied and the declaration, along with the plats and plans that are a part of the declaration, provides a legally sufficient description.⁶³ Another comment says that because the description incorporates the rights, obligations, and appurtenant interests of a described unit, it is not necessary in the instrument...