§ 38-33-112 — Notification to residential tenants

Colorado § 38-33-112

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Condominium Ownership Act

Text

(1) A developer who converts
an existing multiple-unit dwelling into condominium units, upon recording of the
declaration as required by section 38-33-105, shall notify each residential tenant of
the dwelling of such conversion.

(2) Such notice shall be in writing and shall be sent by certified or registered
mail, postage prepaid, and return receipt provided. Notice is complete upon mailing
to the tenant at the tenant's last-known address. Notice may also be made by
delivery in person to the tenant of a copy of such written notice, in which event
notice is complete upon such delivery.

(3) The notice described in subsection (1) of this section constitutes the
notice to terminate the tenancy; except that a residential tenancy shall not be
terminated prior to the expiration date of the existing lease agreement, if any,
unless consented to by both the tenant and the developer. If the term of the lease
has less than ninety days remaining when notification is mailed or delivered, as the
case may be, or if there is no written lease agreement, residential tenancy shall not
be terminated by the developer less than ninety days after the date the notice is
mailed or delivered, as the case may be, to the tenant, unless consented to by both
the tenant and the developer. The return receipt is prima facie evidence of receipt
of notice. If the term of the lease has less than ninety days remaining when
notification is mailed or delivered, as the case may be, the tenant may hold over for
the remainder of said ninety-day period under the same terms and conditions of the
lease agreement if the tenant makes timely rental payments and performs other
conditions of the lease agreement.

(4) The tenancy may be terminated within the ninety days prescribed in
subsection (3) of this section upon agreement by the tenant in consideration of the
payment of all moving expenses by the developer or for such other consideration as
mutually agreed upon. Such tenancy may also be terminated within the ninety days
prescribed in subsection (3) of this section upon failure by the tenant to make
timely rental or lease payments.

(5) Any person who applies for a residential tenancy after the recording of
the declaration shall be informed of this recording at the time of application, and
any leases executed after such recording may provide for termination within less
than ninety days provided that the terms of the lease conspicuously disclose the
intention to convert the property containing the leased premises to condominium
ownership.

(6) The general assembly hereby finds and declares that the notification
procedure set forth in this section is a matter of statewide concern. No county,
municipality, or other political subdivision whether or not vested with home rule
powers under article XX of the Colorado constitution, shall adopt or enforce any
ordinance, rule, regulation, or policy which conflicts with the provisions of this
section.

Legislative History

Source: L. 79: Entire section added, p. 1398, � 1, effective June 21. L. 83: (6) added, p. 594, � 4, effective May 25. L. 2024: (3) amended, (HB 24-1098), ch. 113, p. 367, � 15, effective April 19.