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Colorado Statutes, Title 38

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Title 38, Property - Real and Personal

0 chapters · 1,193 sections in this title.

All chapters in Title 381,193 Ch 12114 Ch 36110 Ch 13106 Ch 33.382 Ch 3074 Ch 2953 Ch 3844 Ch 639 Ch 2235 Ch 3534 Ch 4134 Ch 126 Ch 2026 Ch 1025

9 sections·Filtered byTitle 38✕Ch 36.5✕

Colo. Rev. Stat. § 38-36.5-101 Title
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This article 36.5 may be cited as the "Uniform Unlawful Restrictions in Land Records Act". Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 600, § 1, effective August 7.
Colo. Rev. Stat. § 38-36.5-102 Definitions
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As used in this article 36.5: (1) "Amendment" means a document that removes an unlawful restriction. (2) "Association of owners" has the same meaning as "association" as set forth in section 38-33.3-103 (3). (3) "Common interest community" has the same meaning as set forth in sec…
Colo. Rev. Stat. § 38-36.5-103 Amendment by owner
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An owner of real property subject to an unlawful restriction may submit to the recorder for recordation in the land records an amendment to remove the unlawful restriction, but only as to the owner's property. Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 601, §…
Colo. Rev. Stat. § 38-36.5-104 Amendment by association of owners
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(1) The governing body of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction. (2) A member of an association of owners may request, in a record that …

Colo. Rev. Stat. § 38-36.5-105 Requirements and limitations of amendment

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(1) An amendment under this article 36.5 must identify, for an amendment by an owner pursuant to section 38-36.5-103, the owner, and for an amendment by an association of owners pursuant to section 38-36.5-104, the name of the common interest community and the association. All am…

Colo. Rev. Stat. § 38-36.5-106 Form for amendment

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(1) An owner making an amendment pursuant to this article 36.5 must use a form substantially equivalent to the following form: Amendment by Owner to Remove an Unlawful Restriction This Amendment is recorded under the state's Uniform Unlawful Restrictions in Land Records Act, arti…

Colo. Rev. Stat. § 38-36.5-107 Duty and liability of recorder

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(1) The recorder shall record an amendment submitted under this article 36.5, add the amendment to the grantor or grantee index, as appropriate, and cross reference the amendment to the document containing the unlawful restriction. (2) The recorder and the recorder's jurisdiction…

Colo. Rev. Stat. § 38-36.5-108 Uniformity of application and construction

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In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 604, § 1, effective August 7.

Colo. Rev. Stat. § 38-36.5-109 Relation to electronic signatures in global and national commerce act

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This article 36.5 modifies, limits, or supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., as amended, but does not modify, limit, or supersede 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the not…