Chapter 4 - § 4.11 • ADDITIONAL UNITS

• Jurisdiction: Colorado

§ 4.11 • ADDITIONAL UNITS

The original declaration must state the maximum number of units that the declarant reserves the right to create.¹¹⁵ The CCIOA also requires that in a common interest community with horizontal unit boundaries, an amendment to a declaration creating or adding units must include a certificate of completion executed by an "independent"¹¹⁶ licensed or registered engineer, surveyor, or architect stating that all structural components of all buildings containing or comprising any units created are substantially completed.¹¹⁷ The Uniform Act has a similar provision.¹¹⁸ A comment notes that the term "structural components" is commonly understood in the construction field and is generally assumed to include the portions of a building required to keep any part of it from collapsing and to maintain it in a weather-tight condition, including foundations, bearing walls and columns, exterior walls, roof, floors, and similar components, but not interior non-bearing partitions, surface finishes, interior doors, and carpeting.¹¹⁹

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Notes:

^[115] C.R.S. § 38-33.3-205(1)(d).

^[116] The term "independent" refers to a professional who acts as an independent contractor in his or her relationship to the declarant or lender. Uniform Common Interest Ownership Act § 2-101, cmt. 12.

^[117] C.R.S. § 38-33.3-201(2).

^[118] Uniform Common Interest Ownership Act § 2-101(b). The Uniform Act provision applies only in condominiums, however. It says that an amendment to a declaration adding units may not be recorded unless all structural components and mechanical systems of all buildings containing or comprising any units created are substantially completed in accordance with the plans, as...