Section 38-33.3-201 - Creation of common interest communities(1)(a) A common interest community may be created pursuant to this article 33.3 only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be: (I) Executed by or with the express written authorization of the owner or owners of the real estate that is to be included in the common interest community, as shown by the records of the county clerk and recorder's office of the county where the real estate is located;(II) Recorded in every county in which any portion of the common interest community is located;(III) Indexed in the grantee's index in the name of the common interest community and in the name of the association; and(IV) Indexed in the grantor's index in the name of each person executing the declaration.(b) No common interest community is created until the plat or map for the common interest community is recorded.(2) In a common interest community with horizontal unit boundaries, a declaration, or an amendment to a declaration, creating or adding units shall include a certificate of completion executed by an independent licensed or registered engineer, surveyor, or architect stating that all structural components of all buildings containing or comprising any units thereby created are substantially completed.Amended by 2024 Ch. 182,§ 2, eff. 8/7/2024, app. to declarations that are executed or amended on or after the effective date.L. 91: Entire article added, p. 1715, § 1, effective 7/1/1992. L. 93: Entire section amended, p. 646, § 8, effective April 30.Section 4(2) of chapter 182 (HB 24-1383), Session Laws of Colorado 2024, provides that the act changing this section applies to declarations that are executed or amended on or after August 7, 2024.
2024 Ch. 182, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 24-1383, see section 1 of chapter 182, Session Laws of Colorado 2024.