If it is impossible for a vendor of real property to convey a portion of the real property he contracted to convey, the vendee has a right to obtain a conveyance of that portion which it is possible to convey and a right to obtain damages or other equitable relief concerning the portion which it is impossible to convey. For the purposes of this section, vendor includes an optionor or a grantor of a right to repurchase or lease, and vendee includes an optionee or a holder of a right to repurchase or lease.
Source: L. 79: Entire section added, p. 1394, � 1, effective July 1.
38-30-168. Unreasonable restrictions on renewable energy generation devices or fire-hardened building materials - definitions. (1) (a) A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable.
(b) As used in this section, renewable energy generation device means:
(I) A solar energy device, as defined in section 38-32.5-100.3;
(II) A wind-electric generator that meets the interconnection standards established in rules promulgated by the public utilities commission pursuant to section 40-2-124;
(III) A geothermal energy device; or
(IV) A heat pump system, as defined in section 39-26-732 (2)(c).
(2) Subsection (1) of this section does not apply to:
(a) (I) Aesthetic provisions that impose reasonable restrictions on the dimensions, placement, or external appearance of a renewable energy generation device and that do not:
(A) Increase the cost of the device by more than ten percent;
(B) Decrease the performance or efficiency of the device by more than ten percent; or
(C) Require a period of review and approval that exceeds sixty days after the date of application. If an application for installation of a renewable energy generation device is not denied or returned for modifications within sixty days, it is deemed approved. The review process must be transparent; denial of approval must not be arbitrary or capricious; and the basis for any denial must be described in reasonable detail.
(II) This subsection (2)(a), as amended by House Bill 21-1229, enacted in 2021, does not apply to an association that includes time share units, as defined in section 38-33-110 (7).
(b) Bona fide safety requirements, required by an applicable building code or recognized electrical safety standard, for the protection of persons and property; or
(c) Reasonable restrictions on the installation and use of wind-electric generators to reduce interference with the use and enjoyment by residents of property situated near wind-electric generators as a result of the sound associated with the wind-electric generators. Interference with the use and enjoyment of property by residents for the purpose of determining whether a restriction is reasonable shall be determined as a part of the architectural review process as required by the governing documents of the common interest community and shall include consideration of input by the individuals requesting approval from the common interest community to install a wind-electric generator.
(3) This section shall not be construed to confer upon any property owner the right to place a renewable energy generation device on property that is:
(a) Owned by another person;
(b) Leased, except with permission of the lessor;
(c) Collateral for a commercial loan, except with permission of the secured party; or
(d) A limited common element or general common element of a common interest community.
(4) In any litigation involving the significance of an increase in cost of a renewable energy generation device, for purposes of subparagraph (I) of paragraph (a) of subsection (2) of this section, the party that prevails on the issue of the significance of the increase shall be entitled to its reasonable attorney fees and costs incurred in litigating that issue. This subsection (4) shall not be construed to limit or prohibit an award of attorney fees or costs on other grounds or in connection with other issues.
(5) (a) A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that explicitly or effectively prohibits or restricts the installation, use, or maintenance of fire-hardened building materials is void and unenforceable. This subsection (5) does not apply to bona fide safety requirements required by an applicable building code for the protection of persons and property.
(b) Nothing in this subsection (5):
(I) Prohibits or restricts a unit owners' association from:
(A) Adopting and enforcing reasonable standards regarding the design, dimensions, placement, or external appearance of fire-hardened building materials used for fencing at a unit owner's property in accordance with section 38-33.3-106.5 (3)(c); or
(B) Adopting bona fide safety requirements that are consistent with applicable building codes or nationally recognized safety standards; or
(II) Confers upon a property owner, unit owner, or lessee the right to construct or place fire-hardened building materials on property that is:
(A) Owned by another person;
(B) Leased, except with permission of the lessor; or
(C) A limited common element or general common element of a common interest community.
(c) As used in this subsection (5):
(I) Common element means common elements as defined in section 38-33.3-103 (5).
(II) Common interest community has the meaning set forth in section 38-33.3-103 (8).
(III) Fire-hardened building materials has the meaning set forth in section 38-33.3-106.5 (3)(e)(I).
(IV) Unit owner has the meaning set forth in section 38-33.3-103 (31).
(V) Unit owners' association means an association as defined in section 38-33.3-103 (3).
Source: L. 79: Entire section added, p. 1396, � 4, effective May 25. L. 2008: Entire section amended, p. 617, � 1, effective August 5. L. 2021: IP(2) and (2)(a) amended, (HB 21-1229), ch. 409, p. 2708, � 2, effective September 7. L. 2022: (1)(b) amended, (SB 22-118), ch. 335, p. 2373, � 10, effective August 10. L. 2023: (1)(b)(II) and (1)(b)(III) amended and (1)(b)(IV) added, (SB 23-016). ch. 165, p. 740, � 10, effective August 7. L. 2024: (5) added, (HB 24-1091), ch. 24, p. 67, � 1, effective March 12.
38-30-169. Instruments of conveyance - removal of void and unenforceable restrictive covenants which are based upon race or religion. (1) Any attorney, title insurance company, or title insurance agent authorized to do business in this state may remove by recording a new instrument any restrictive covenants which are based upon race or religion, or reference thereto, which are contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property and which:
(a) Are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States; or
(b) Have been modified pursuant to the procedures specified in section 38-30-170.
(2) Restrictive covenants which are based upon race or religion may be removed from such documents pursuant to subsection (1) of this section only upon the transfer or sale of, or any interest in, real property subject to such restrictive covenants which occurs subsequent to such final judicial determination or modification specified in subsection (1) of this section.
(3) Notwithstanding any law to the contrary, any person who, in good faith and in the usual course of business, delivers any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property which contains any restrictive covenants which are based upon race or religion, or reference thereto, which are void and unenforceable by law shall be immune from civil liability. In addition, such delivery shall not constitute an unfair housing practice as specified in section 24-34-502 (1)(c), C.R.S. The provisions of this subsection (3) shall not apply to any person who:
(a) Represents or attempts to represent that such restrictive covenants which are based upon race or religion are valid and enforceable; or
(b) Honors or exercises or attempts to honor or exercise such restrictive covenants which are based upon race or religion.
Source: L. 90: Entire section added, p. 1645, � 1, effective April 16.
38-30-170. Private restrictive covenants - modification - exception - procedures. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), any private restrictive covenants which are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States may be modified pursuant to the procedures specified in subsection (2) of this section.
(b) The provisions of this section shall not apply to any private restrictive covenants which contain any express and written provisions concerning the modification of such private restrictive covenants.
(2) Upon good faith delivery of written notification to all owners of real property located within a subdivision, as indicated on the records of the county clerk and recorder of the county in which the subdivision is located, a meeting may be held not less than ten days after such notification has been given concerning the modification of any void and unenforceable private restrictive covenants. Such private restrictive covenants may be modified only upon the written approval of a majority of all of the owners of real property located within the subdivision. Following such approval, such private restrictive covenants, as modified, shall be filed for recording with such county clerk and recorder. A copy of such private restrictive covenants, as modified, shall be delivered by mail to all owners of record of real property located within the subdivision.
(3) The county clerk and recorder shall not be held liable for recording any private restrictive covenants, as modified pursuant to the provisions of this section, which were filed for recording with such county clerk and recorder.
(4) As used in this section, unless the context otherwise requires:
(a) Modify means to amend, terminate, remove, or cancel.
(b) Private restrictive covenant means any covenant, restriction, or condition included in the subdivision plat or in any recorded document, or any amendment thereto, which is based upon race or religion and which is applicable to real property located within such subdivision, but does not include any covenant, restriction, or condition imposed on such real property by any governmental entity.
(c) Subdivision means any parcel of land which is to be used for condominiums, apartments, or any other multiple-dwelling units or which is divided into two or more lots, parcels, or other divisions of land and for which a plat of such land has been filed for recording with the county clerk and recorder of the county in which such land is located.
Source: L. 90: Entire section added, p. 1645, � 1, effective April 16.
38-30-171. Survival of remedies and title to corporate property after dissolution. (1) This section shall apply to corporations for profit that were both formed under the laws of this state and dissolved before July 1, 1994.
(2) The dissolution of a corporation shall not eliminate or impair any remedy available to or against the corporation or its directors, officers, or shareholders for any right or claim existing or any liability incurred prior to such dissolution if an action or other proceeding is commenced thereon within two years after the date of the dissolution. The foregoing limitation shall not apply to any action affecting title to real estate. Any action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The shareholders, directors, and officers of the corporation shall have power to take such corporate and other action as shall be necessary or appropriate to effect any remedy available to the corporation, pursue any action or proceeding by the corporation, or defend against any action or proceeding against the corporation.
(3) (a) After dissolution of the corporation, title to any property of the corporation not previously distributed or disposed of by the corporation shall remain in the corporation. The majority of the surviving members of the last acting board of directors as named in the files of the secretary of state shall have full power and authority:
(I) To sue and be sued in the corporate name and, for purposes of suit against such corporation, each director is an agent for process; and
(II) To act on behalf of and in the name of such corporation to convey and dispose of any corporate property not distributed or disposed of in the dissolution.
(b) Final disposition of such property shall be made by the majority of the surviving directors in the manner provided by law at the time of dissolution of such corporation. Upon the death of the last survivor of such directors, the public trustee of the county in which property owned by such corporation is situated shall have full power and authority to act on behalf of and in the name of such corporation to convey and dispose of such property.
Source: L. 96: Entire section added, p. 1329, � 52, effective June 1.