Chapter 5 - § 5.7 • ALTERATION, RELOCATION OF BOUNDARIES, AND SUBDIVISION OF A UNIT

• Jurisdiction: Colorado

§ 5.7 • ALTERATION, RELOCATION OF BOUNDARIES, AND SUBDIVISION OF A UNIT

Generally, a unit owner is permitted to make improvements or alterations to his or her unit as long as they do not impair the structural integrity, electrical systems, or mechanical systems or lessen the support of any portion of the community.¹⁸² A unit owner may not change the appearance of the common elements without association permission,¹⁸³ however, and the right to make improvements is subject to the provisions of the declaration and other provisions of law.¹⁸⁴ A unit owner who acquires an adjoining unit or an adjoining part of an adjoining unit may remove or alter any intervening partition or create apertures, even if the partition is in whole or in part a common element, as long as the structural integrity, electrical systems, or mechanical systems are not impaired or the support of any portion of the community lessened. Removal of partitions or creation of apertures under these circumstances is not an alteration of boundaries.¹⁸⁵ Boundaries between adjoining units, however, may be relocated by an amendment to the declaration on application to the association by the owners of the units.¹⁸⁶ To relocate the boundaries, the owners of the units must submit an application to the governing board.¹⁸⁷ A relocation of boundaries between adjoining units cannot be effected without recording the necessary amendments to the declaration, plats, or maps.¹⁸⁸ All costs and attorney fees incurred by the association as a result of an application are the sole obligation of the applicant, that is, the unit owner.¹⁸⁹

A unit owner may also subdivide his or her unit into two or more units by making application to the association, but subdivision is only allowed if the declaration expressly permits it.¹⁹⁰ To subdivide a unit, the owner must submit an application to the governing board.¹⁹¹ A subdivision cannot be effected without executing and recording the necessary amendments to the declaration, plats, or maps.¹⁹² All costs and attorney fees incurred by the association as a result of the application are the sole obligation of the unit owner.

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Notes:

^[182] C.R.S. § 38-33.3-211(1)(a).

^[183] C.R.S. § 38-33.3-211(1)(b).

^[184] C.R.S. § 38-33.3-211(1).

^[185] C.R.S. § 38-33.3-211(1)(c).

^[186] C.R.S. § 38-33.3-212(1). Relocation of boundaries between adjoining units is subject to the provisions of the declaration and other provisions of law. C.R.S. § 38-33.3-212(1).

^[187] C.R.S. § 38-33.3-212(2). The...