Colorado § 38-36.5-105 - Requirements and limitations of amendment.
Full text of Colorado Colorado Revised Statutes § 38-36.5-105 — Requirements and limitations of amendment., with citation guidance and answers to common questions.
§ 38-36.5-105. Requirements and limitations of amendment.
(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.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 602, § 1, effective August 7.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-36.5-105
What does Colorado Revised Statutes § 38-36.5-105 cover?
Section 38-36.5-105 ("Requirements and limitations of amendment.") 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 § 38-36.5-105?
A common citation format is "Colorado Revised Statutes § 38-36.5-105" (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 § 38-36.5-105 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.