Chapter 4 - § 4.3 • PLATS AND MAPS

• Jurisdiction: Colorado

§ 4.3 • PLATS AND MAPS

A "plat" is a part of the declaration that is a "land survey plat"²¹ that depicts all or any portion of a common interest community in two dimensions.²² A "map" is part of a declaration that depicts all or any portion of a common interest community in three dimensions and is required for a community with units having a horizontal boundary.²³ A plat and a map may be combined in one instrument.²⁴ Under the CCIOA, the declaration, a plat, or a map must show the location and dimensions of the vertical and horizontal boundaries of each unit and that unit's identifying number.²⁵ However, unless the declaration provides otherwise, the horizontal boundaries of any part of a unit located outside of a building have the same elevation as those of the inside part and need not be depicted on the plats and maps.²⁶

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Notes:

^[21] See C.R.S. § 38-51-106. The statute sets out the required contents for all land survey plats.

^[22] C.R.S. § 38-33.3-103(22.5).

^[23] C.R.S. § 38-33.3-103(19.5).

^[24] C.R.S. § 38-33.3-103(19.5) and (22.5).

^[25] C.R.S. § 38-33.3-209(2)(f) and (g). The comparable provision of the Uniform Act is Uniform Common Interest Ownership Act § 2-109. It addresses "plats and plans" and does not use the term "map." Subsections (b)(6) and (7) have essentially the same requirement that the plat show the vertical and horizontal boundaries and a unit's identifying number. Subsections (d)(1) and (2) impose that requirement on "plans of the units," to the extent not shown or projected on the plats. Under Uniform Common Interest Ownership Act § 2-109(h), the plats and plans do not need to show the location and dimensions of the unit boundaries if the plat shows the location and dimensions of all buildings containing or comprising the units and the declaration includes other information that shows or contains a narrative description of the general layout of the units in those buildings.

A comment to the Uniform Act says that the terms "horizontal" and "vertical" are commonly understood to refer to "upper and lower" and "lateral or perimetric." The Act contemplates that the perimetric walls may be designated as "vertical" boundaries of a unit and the floor and ceiling as...