2021 Colorado Code
Title 38 - Property - Real and Personal
Article 33 - Condominium Ownership Act
§ 38-33-102. Condominium Ownership Recognized

Condominium ownership of real property is recognized in this state. Whether created before or after April 30, 1963, such ownership shall be deemed to consist of a separate estate in an individual air space unit of a multi-unit property together with an undivided interest in common elements. The separate estate of any condominium owner of an individual air space unit and his common ownership of such common elements as are appurtenant to his individual air space unit by the terms of the recorded declaration are inseparable for any period of condominium ownership that is prescribed by the recorded declaration. Condominium ownership may exist on land owned in fee simple or held under an estate for years.

History. Source: L. 63: P. 782, § 1. C.R.S. 1963: § 118-15-2. L. 69: P. 982, § 1. History. Source: L. 63: P. 782, § 1. C.R.S. 1963: § 118-15-2. L. 69: P. 982, § 1.

Law reviews. For article, “Converting a Duplex: Party Wall Declaration and Other Considerations”, see 11 Colo. Law. 1201 (1982). For article, “Representing a Purchaser of a Time Share”, see 11 Colo. Law. 1543 (1982). For symposium on condominium law and practice, see 11 Colo. Law. 2734 (1982).

Legislative intent. The intent of the General Assembly in providing for the establishment of estates in airspace was to subject all such estates to those legal provisions historically and by statute applicable to the traditional estate in real property. Ass'n of Owners, Satellite Apt., Inc. v. Otte, 38 Colo. App. 12, 550 P.2d 894 (1976).

Where common elements were owned by a townhome owners association, townhome complex did not constitute a condominium. Trailside Townhome Ass'n, Inc. v. Acierno, 880 P.2d 1197 (Colo. 1994).