Colorado § 38-33-110 Time-sharing - definitions

Colorado Statutes

§ 38-33-110 — Time-sharing - definitions

Colorado § 38-33-110

Title 38Property -

Art.Condominium Ownership Act

This text of Colorado § 38-33-110 (Time-sharing - definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-33-110 (2026).

Text

As used in this section and section 38-33-111, unless the context otherwise requires:

(1)(a) Interval estate means a combination of:

(I)An estate for years terminating on a date certain, during which years title to a time share unit circulates among the interval owners in accordance with a fixed schedule, vesting in each such interval owner in turn for a period of time established by the said schedule, with the series thus established recurring annually until the arrival of the date certain; and

(II)A vested future interest in the same unit, consisting of an undivided interest in the remainder in fee simple, the magnitude of the future interest having been established by the time of the creation of the interval estate either by the project instruments or by the deed conveying

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As used in this section and section
38-33-111, unless the context otherwise requires:

(1) (a) Interval estate means a combination of:

(I) An estate for years terminating on a date certain, during which years title
to a time share unit circulates among the interval owners in accordance with a fixed
schedule, vesting in each such interval owner in turn for a period of time
established by the said schedule, with the series thus established recurring
annually until the arrival of the date certain; and

(II) A vested future interest in the same unit, consisting of an undivided
interest in the remainder in fee simple, the magnitude of the future interest having
been established by the time of the creation of the interval estate either by the
project instruments or by the deed conveying the interval estate. The estate for
years shall not be deemed to merge with the future interest, but neither the estate
for years nor the future interest shall be conveyed or encumbered separately from
the other.

(b) Interval estate also means an estate for years as described in
subparagraph (I) of paragraph (a) of this subsection (1) where the remainder estate,
as defined either by the project instruments or by the deed conveying the interval
estate, is retained by the developer or his successors in interest.

(2) Interval owner means a person vested with legal title to an interval
estate.

(3) Interval unit means a unit the title to which is or is to be divided into
interval estates.

(4) Project instruments means the declaration, the bylaws, and any other
set of restrictions or restrictive covenants, by whatever name denominated, which
limit or restrict the use or occupancy of condominium units. Project instruments
includes any lawful amendments to such instruments. Project instruments does
not include any ordinance or other public regulation governing subdivisions, zoning,
or other land use matters.

(5) Time share estate means either an interval estate or a time-span estate.

(6) Time share owner means a person vested with legal title to a time share
estate.

(7) Time share unit means a unit the title to which is or is to be divided
either into interval estates or time-span estates.

(8) Time-span estate means a combination of:

(a) An undivided interest in a present estate in fee simple in a unit, the
magnitude of the interest having been established by the time of the creation of the
time-span estate either by the project instruments or by the deed conveying the
time-span estate; and

(b) An exclusive right to possession and occupancy of the unit during an
annually recurring period of time defined and established by a recorded schedule
set forth or referred to in the deed conveying the time-span estate.

(9) Time-span owner means a person vested with legal title to a time-span
estate.

(10) Time-span unit means a unit the title to which is or is to be divided into
time-span estates.

(11) Unit owner means a person vested with legal title to a unit, and, in the
case of a time share unit, unit owner means all of the time share owners of that
unit. When an estate is subject to a deed of trust or a trust deed, unit owner
means the person entitled to beneficial enjoyment of the estate and not to any
trustee or trustees holding title merely as security for an obligation.