Colorado § 38-36.5-105 Requirements and limitations of amendment

Colorado Statutes

§ 38-36.5-105 — Requirements and limitations of amendment

Colorado § 38-36.5-105

Title 38Property -

Art.Uniform Unlawful Restrictions in Land Records Act

This text of Colorado § 38-36.5-105 (Requirements and limitations of amendment) 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. § 38-36.5-105 (2026).

Text

(1)An amendment under this article 36.5 must identify, for an amendment by an owner pursuant to section 38-36.5-103, the owner, and for an amendment by an association of owners pursuant to section 38-36.5-104, the name of the common interest community and the association. All amendments must include a description of the real property affected and a reference to the document recorded in the land records containing the unlawful restriction. All amendments must include a conspicuous statement in substantially the following form: This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land Records Act. This amendment does not affect the validity or enforceability of a rest

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(1) An
amendment under this article 36.5 must identify, for an amendment by an owner
pursuant to section 38-36.5-103, the owner, and for an amendment by an
association of owners pursuant to section 38-36.5-104, the name of the common
interest community and the association. All amendments must include a description
of the real property affected and a reference to the document recorded in the land
records containing the unlawful restriction. All amendments must include a
conspicuous statement in substantially the following form: This amendment
removes from this deed or other document affecting title to real property an
unlawful restriction as defined under the Uniform Unlawful Restrictions in Land
Records Act. This amendment does not affect the validity or enforceability of a
restriction that is not an unlawful restriction.

(2) (a) The amendment must be executed and acknowledged in the manner
required for recordation of a document in the land records. The amendment must be
recorded in the land records of each county in which the document containing the
unlawful restriction is recorded.

(b) For an amendment by an owner pursuant to section 38-36.5-103, the
recorder shall index the amendment in the grantor and grantee index in the name of
the record owner. For an amendment by an association of owners pursuant to
section 38-36.5-104, the recorder shall index the amendment in the grantee index
in the name of the common interest community created pursuant to the governing
instrument and in the name of the association of owners and in the grantor index in
the name of the record owner.

(3) The amendment does not affect the validity or enforceability of any
restriction that is not an unlawful restriction.

(4) The amendment or a future conveyance of the affected real property is
not a republication of a restriction that otherwise would expire by passage of time
under other law of this state.