Rights of secured lenders

Colo. Rev. Stat. § 38-33.3-219, under CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES.

Colo. Rev. Stat. § 38-33.3-219

(1) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:

(a) Deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board; or

(b) Prevent the association or the executive board from commencing, intervening in, or settling any solicitation or proceeding; or

(c) Prevent any insurance trustee or the association from receiving and distributing any insurance proceeds pursuant to section 38-33.3-313.

Source: L. 91: Entire article added, p. 1732, § 1, effective July 1, 1992.

ANNOTATION

Law reviews. For article, "Terminating Common Interest Communities with Horizontal Boundaries under CCIOA", see 51 Colo. Law. 40 (June 2022).