§ 38-33-105 — Recording of declaration - certain rules and laws to apply

(1)
The declaration shall be recorded in the county where the condominium property is
located. Such declaration shall provide for the filing for record of a map properly
locating condominium units. Any instrument affecting the condominium unit may
legally describe it by the identifying condominium unit number or symbol as shown
on such map. If such declaration provides for the disposition of condominium units
in the event of the destruction or obsolescence of buildings in which such units are
situate and restricts partition of the common elements, the rules or laws known as
the rule against perpetuities and the rule prohibiting unlawful restraints on
alienation shall not be applied to defeat or limit any such provisions.

(2) To the extent that any such declaration contains a mandatory
requirement that all condominium unit owners be members of an association or
corporation or provides for the payment of charges assessed by the association
upon condominium units or the appointment of an attorney-in-fact to deal with the
property upon its destruction or obsolescence, any rule of law to the contrary
notwithstanding, the same shall be considered as covenants running with the land
binding upon all condominium owners and their successors in interest. Any common
law rule terminating agency upon death or disability of a principal shall not be
applied to defeat or limit any such provisions.

Legislative History

Source: L. 63: p. 784, � 1. C.R.S. 1963: � 118-15-5. L. 69: p. 983, � 3.