§ 38-33.3-212 — Relocation of boundaries between adjoining units

Colorado § 38-33.3-212

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

Text

(1) Subject
to the provisions of the declaration and other provisions of law, and pursuant to the
procedures described in section 38-33.3-217, the boundaries between adjoining
units may be relocated by an amendment to the declaration upon application to the
association by the owners of those units.

(2) In order to relocate the boundaries between adjoining units, the owners of
those units, as the applicant, must submit an application to the executive board,
which application shall be executed by those owners and shall include:

(a) Evidence sufficient to the executive board that the applicant has
complied with all local rules and ordinances and that the proposed relocation of
boundaries does not violate the terms of any document evidencing a security
interest;

(b) The proposed reallocation of interests, if any;

(c) The proposed form for amendments to the declaration, including the
plats or maps, as may be necessary to show the altered boundaries between
adjoining units, and their dimensions and identifying numbers;

(d) A deposit against attorney fees and costs which the association will incur
in reviewing and effectuating the application, in an amount reasonably estimated by
the executive board; and

(e) Such other information as may be reasonably requested by the executive
board.

(3) No relocation of boundaries between adjoining units shall be effected
without the necessary amendments to the declaration, plats, or maps, executed and
recorded pursuant to section 38-33.3-217 (3) and (5).

(4) All costs and attorney fees incurred by the association as a result of an
application shall be the sole obligation of the applicant.

Legislative History

Source: L. 91: Entire article added, p. 1725, � 1, effective July 1, 1992.