Colorado § 38-33.3-216 Easement rights

Colorado Statutes

§ 38-33.3-216 — Easement rights

Colorado § 38-33.3-216

Title 38Property -

Art.Colorado Common Interest Ownership Act

This text of Colorado § 38-33.3-216 (Easement rights) 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. § 38-33.3-216 (2026).

Text

(1)Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this article or reserved in the declaration.

(2)In a planned community, subject to the provisions of the declaration and the ability of the association to regulate and convey or encumber the common elements as set forth in sections 38-33.3-302 (1)(f), 38-33.3-302.5, and 38-33.3-312, the unit owners have an easement:

(a)In the common elements for the purpose of access to their units; and

(b)To use the common elements and all other real estate that must become common elements for all other purposes.

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(1) Subject to the provisions of the
declaration, a declarant has an easement through the common elements as may be
reasonably necessary for the purpose of discharging a declarant's obligations or
exercising special declarant rights, whether arising under this article or reserved in
the declaration.

(2) In a planned community, subject to the provisions of the declaration and
the ability of the association to regulate and convey or encumber the common
elements as set forth in sections 38-33.3-302 (1)(f), 38-33.3-302.5, and 38-33.3-312, the unit owners have an easement:

(a) In the common elements for the purpose of access to their units; and

(b) To use the common elements and all other real estate that must become
common elements for all other purposes.

Legislative History

Source: L. 91: Entire article added, p. 1727, � 1, effective July 1, 1992. L. 2022: IP(2) amended, (HB 22-1040), ch. 93, p. 449, � 4, effective August 10.