Colorado § 38-36.5-104 Amendment by association of owners

Colorado Statutes

§ 38-36.5-104 — Amendment by association of owners

Colorado § 38-36.5-104

Title 38Property -

Art.Uniform Unlawful Restrictions in Land Records Act

This text of Colorado § 38-36.5-104 (Amendment by association of owners) 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. § 38-36.5-104 (2026).

Text

(1)The governing body of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction.

(2)A member of an association of owners may request, in a record that sufficiently identifies an unlawful restriction in the governing instrument, that the governing body exercise its authority under subsection (1) of this section. No later than ninety days after the governing body receives the request, the governing body shall determine reasonably and in good faith whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body, no later than ninety days aft

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(1) The governing body
of an association of owners identified in a governing instrument may, without a vote
of the members of the association, amend the governing instrument to remove an
unlawful restriction.

(2) A member of an association of owners may request, in a record that
sufficiently identifies an unlawful restriction in the governing instrument, that the
governing body exercise its authority under subsection (1) of this section. No later
than ninety days after the governing body receives the request, the governing body
shall determine reasonably and in good faith whether the governing instrument
includes the unlawful restriction. If the governing body determines the governing
instrument includes the unlawful restriction, the governing body, no later than
ninety days after the determination, shall amend the governing instrument to
remove the unlawful restriction.

(3) An officer of the association of owners designated by the association of
owners or, in the absence of designation, the president of the association of owners,
acting on behalf of the association of owners, shall prepare, execute, record, and
certify an amendment adopted pursuant to this section.

(4) An amendment under this section is effective notwithstanding any
provision of the governing instrument or other law of this state that requires a vote
of the members of the association of owners to amend the governing instrument.