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.
Notes of Decisions
Trailside Townhome Ass'n, Inc. v. Acierno, 880 P.2d 1197 (Colo. 1994).
· cites it 10× “Proceeding from the premise that the townhome complex is a condominium, and that therefore the owners of the individual lots are owners of undivided interests in the common areas as tenants in common, see § 38-33-102, 16A C.R.S. (1982), the court of appeals held that it was…”
In Re Case, 91 B.R. 102 (Bankr.D. Colo. 1988).
· cites it 4× “” C.R.S. § 38-33-102. This separate estate is “inseparable for any period of condominium ownership that is prescribed by the recorded declaration.”
Ass'n of Owners, Satellite Apt., Inc. v. Otte, 550 P.2d 894 (Colo. Ct. App. 1976).
· cites it 2× “Consistent with the above, § 38-33-102, C.R.S. 1973, of the Condominium Ownership Act states that condominium ownership of real property is recognized in this state, and that condominium ownership creates a separate estate in an individual air space unit of a multi-unit property…”
Beeter v. Tri-City Prop. Mgmt. Servs., Inc. (In Re Beeter), 173 B.R. 108 (Bankr. W.D. Tex. 1994).
“• at 103-04 (quoting Colo.Rev.Stat. § 38-33-102)). Thus, the Raymond court concluded, declarations such as this are not really executory contracts at all, but rather covenants that attach to and run with the land; they affect and attach to property interests.”
B.B. & C. P'ship v. Edelweiss Condo. Ass'n, 218 P.3d 310 (Colo. 2009).
“" § 38-33-102. A condominium owner's interest in his or her indi vidual air space unit and the common elements appurtenant to his or her unit are "inseparable.”
Haan v. Mountain Queen Condo. Ass'n, 717 P.2d 969 (Colo. Ct. App. 1985).
· cites it 3× “In determining whether the condominium unit is a “residential premise,” we find guidance in the Condominium Ownership Act, § 38-33-101, et seq.”
Acierno v. Trailside Townhome Ass'n, Inc., 862 P.2d 975 (Colo. Ct. App. 1993).
· cites it 2× “See § 38-33-102, C.R.S. (1982 Repl.Vol. 16A) (“condominium ownership of real property” consists of a separate estate in a unit together with common ownership of the common elements).”
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