Title 38 – Property – Real and Personal
Article 33.3 – Colorado Common Interest Ownership Act
Subdivision of units
38-33.3-213. Subdivision of units
(1) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, and pursuant to the procedures described in this section, a unit owner may apply to the association to subdivide a unit.
(2) In order to subdivide a unit, the unit owner of such unit, as the applicant, must submit an application to the executive board, which application shall be executed by such owner and shall include:
(a) Evidence that the applicant of the proposed subdivision shall have complied with all building codes, fire codes, zoning codes, planned unit development requirements, master plans, and other applicable ordinances or resolutions adopted and enforced by the local governing body and that the proposed subdivision does not violate the terms of any document evidencing a security interest encumbering the unit;
(b) The proposed reallocation of interests, if any;
(c) The proposed form for amendments to the declaration, including the plats or maps, as may be necessary to show the units which are created by the subdivision and their dimensions, and identifying numbers;
(d) A deposit against attorney fees and costs which the association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the executive board; and
(e) Such other information as may be reasonably requested by the executive board.
(3) No subdivision of units shall be effected without the necessary amendments to the declaration, plats, or maps, executed and recorded pursuant to section 38-33.3-217 (3) and (5).
(4) All costs and attorney fees incurred by the association as a result of an application shall be the sole obligation of the applicant.
Source: L. 91: Entire article added, p. 1726, § 1, effective July 1, 1992. L. 98: (1) amended, p. 481, § 8, effective July 1.
Subdivision requires recordation.Without executing and recording the necessary amendments to the condominium declaration, plats, or maps, there is no subdivision under this section. Physical marking of the boundaries of parking spots is insufficient. Perfect Place, LLC v. Semler, 2018 CO 74, 426 P.3d 325.