Colorado § 38-33-102 - Condominium ownership recognized.
Full text of Colorado Colorado Revised Statutes § 38-33-102 — Condominium ownership recognized., with citation guidance and answers to common questions.
§ 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 multiunit 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.
Source: L. 63: p. 782, § 1. C.R.S. 1963: § 118-15-2. L. 69: p. 982, § 1.
ANNOTATION
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).
Frequently Asked Questions About Colorado § 38-33-102
What does Colorado Revised Statutes § 38-33-102 cover?
Section 38-33-102 ("Condominium ownership recognized.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-33-102?
A common citation format is "Colorado Revised Statutes § 38-33-102" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-33-102 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.