Chapter 9 - § 9.2 • CONDOMINIUMS
| Jurisdiction | Colorado |
§ 9.2.1—Nature of Condominiums
The Condominium Ownership Act5 became effective April 30, 1963. The provisions of the Act other than those relating to time shares and condominium conversions do not apply to common-interest communities created on or after July 1, 1992.6
The Condominium Ownership Act recognized condominium ownership of real property in Colorado and governs such ownership.7 A "condominium unit" is an undivided airspace unit together with the interest in the common elements appurtenant to such unit.8 An "individual airspace unit" consists of any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used for residential, professional, commercial, or industrial purposes which has access to a public street.9 Thus, condominium ownership is deemed to consist of a separate estate in an individual airspace unit of a multi-unit property together with an undivided interest in common elements. The very definition of a condominium requires the existence of an undivided interest in common elements.10 The separate estate of a condominium owner of an individual airspace unit and his or her common ownership of such common elements as are appurtenant to his or her individual airspace unit by the terms of the recorded declaration are inseparable for any period of condominium ownership that is prescribed by the recorded declaration.11 Condominium ownership may exist on land owned in fee simple or held under an estate for years.12
§ 9.2.2—Condominium Declaration
The declaration is an instrument recorded pursuant to C.R.S. § 38-33-105 and which defines the character, duration, rights, obligations, and limitations of the condominium ownership.13 The declaration must be recorded in the county where the condominium property is located.14 Unless exempted, the administration and operation of multi-unit condominiums is governed by the declaration.15 A declaration recorded on or after January 1, 1976 may not conflict with the provisions required to be in the condominium bylaws16 or with the condominium bylaws.17
Contents of Declaration
The declaration with respect to any condominium ownership of property created after July 1, 198318 must contain:
• The name of the condominium property, which must include the word "condominium" followed by the words "a condominium";19
• The name of every county in which any part of the condominium property is situated;20
• A legally sufficient description of the real estate included in the condominium property;21
• A description or delineation of the boundaries of each condominium unit, including its identifying number;22
• A statement of the maximum number of condominium units that may be created by the subdivision or conversion of units in a multiple-unit dwelling owned by the declarant;23
• A description of any limited common elements.24 Limited common elements are those common elements designated in the declaration as reserved for use by fewer than all the owners of the individual airspace units;25
• A description of all general common elements.26 Unless otherwise provided in the declaration or by written consent of all the condominium owners, general common elements are the land or the interest therein on which a building or buildings are located; the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of such building or buildings; the basements, yards, gardens, parking areas, and storage spaces; the premises for the lodging of custodians or persons in charge of the property; installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, central air conditioning, and incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; such community and commercial facilities as may be provided for in the declaration; and all other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use;27
• A description of all general common elements which may be allocated to any person or entity other than the condominium unit owners;28
• A description of all common elements which may be allocated subsequently as limited common elements, together with a statement that they may be so allocated, and a description of the method by which the allocations are to be made;29
• An allocation to each condominium unit of an undivided interest in the general common elements, a portion of the votes of the association, and a percentage or fraction of the common expenses of the association;30
• Any restrictions on the use, occupancy, or alienation of the condominium units;31
• The recording data for the recorded easements and licenses appurtenant to, or included in, the condominium property or to which any portion of the condominium property is or may be subject;32
• Reasonable provisions concerning the manner in which notice of matters affecting the condominium property may be given to condominium unit owners by the association or other condominium unit owners;33 and
• Any other matters the declarant deems appropriate.34
Covenants Running...
To continue reading
Request your trial