(1)A plat or map is a part of the declaration
and is required for all common interest communities except cooperatives. A map is
required only for a common interest community with units having a horizontal
boundary. The requirements of this section shall be deemed satisfied so long as all
of the information required by this section is contained in the declaration, a map or
a plat, or some combination of any two or all of the three. Each plat or map must be
clear and legible. When a map is required under any provision of this article, the
map, a plat, or the declaration shall contain a certification that all information
required by this section is contained in the declaration, the map or a plat, or some
combination of any two or all of the three.
(2)In addition to meeting the req
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(1) A plat or map is a part of the declaration
and is required for all common interest communities except cooperatives. A map is
required only for a common interest community with units having a horizontal
boundary. The requirements of this section shall be deemed satisfied so long as all
of the information required by this section is contained in the declaration, a map or
a plat, or some combination of any two or all of the three. Each plat or map must be
clear and legible. When a map is required under any provision of this article, the
map, a plat, or the declaration shall contain a certification that all information
required by this section is contained in the declaration, the map or a plat, or some
combination of any two or all of the three.
(2) In addition to meeting the requirements of a land survey plat as set forth
in section 38-51-106, each map shall show the following, except to the extent such
information is contained in the declaration or on a plat:
(a) The name and a general schematic plan of the entire common interest
community;
(b) The location and dimensions of all real estate not subject to development
rights, or subject only to the development right to withdraw, and the location and
dimensions of all existing improvements within that real estate;
(c) A legally sufficient description, which may be of the whole common
interest community or any portion thereof, of any real estate subject to
development rights and a description of the rights applicable to such real estate;
(d) The extent of any existing encroachments across any common interest
community boundary;
(e) To the extent feasible, a legally sufficient description of all easements
serving or burdening any portion of the common interest community;
(f) The location and dimensions of the vertical boundaries of each unit and
that unit's identifying number;
(g) The location, with reference to established data, of the horizontal
boundaries of each unit and that unit's identifying number;
(g.5) Any units in which the declarant has reserved the right to create
additional units or common elements, identified appropriately;
(h) A legally sufficient description of any real estate in which the unit owners
will own only an estate for years;
(i) The distance between noncontiguous parcels of real estate comprising
the common interest community; and
(j) The approximate location and dimensions of limited common elements,
including porches, balconies, and patios, other than the limited common elements
described in section 38-33.3-202 (1)(b) and (1)(d).
(3) (Deleted by amendment, L. 93, p. 648, � 12, effective April 30, 1993.)
(4) (Deleted by amendment, L. 2007, p. 1799, � 1, effective July 1, 2007.)
(5) Unless the declaration provides otherwise, the horizontal boundaries of
any part of a unit located outside of a building have the same elevation as the
horizontal boundaries of the inside part and need not be depicted on the plats and
maps.
(6) Upon exercising any development right, the declarant shall record an
amendment to the declaration with respect to that real estate reflecting change as
a result of such exercise necessary to conform to the requirements of subsections
(1), (2), and (4) of this section or new certifications of maps previously recorded if
those maps otherwise conform to the requirements of subsections (1), (2), and (4) of
this section.
(7) Any certification of a map required by this article must be made by a
registered land surveyor.
(8) The requirements of a plat or map under this article shall not be deemed
to satisfy any subdivision platting requirement enacted by a county or municipality
pursuant to section 30-28-133, C.R.S., part 1 of article 23 of title 31, C.R.S., or a
similar provision of a home rule city, nor shall the plat or map requirements under
this article be deemed to be incorporated into any subdivision platting requirements
enacted by a county or municipality.
(9) Any plat or map that was recorded on or after July 1, 1998, but prior to
July 1, 2007, and that satisfies the requirements of this section in effect on July 1,
2007, is deemed to have satisfied the requirements of this section at the time it was
recorded.