A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access and support.į. Except as permitted in this chapter, any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements is void.Į. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.ĭ. The association, on behalf of the unit owners, may contract to convey common elements or subject them to a mortgage, deed of trust or security interest, but the contract is not enforceable against the association until approved pursuant to subsections A and B. The agreement and all ratifications of the agreement shall be recorded in each county in which a portion of the condominium is situated and are effective only on recordation.Ĭ. The agreement shall specify a date after which the agreement will be void unless previously recorded. An agreement to convey common elements or subject them to a mortgage, deed of trust or security interest shall be evidenced by the execution of an agreement, or ratifications of the agreement, in the same manner as a deed, by the requisite number of unit owners. Proceeds of the sale or encumbrance of the common elements are an asset of the association.ī. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses. Portions of the common elements may be conveyed or subjected to a mortgage, deed of trust or security interest by the association if persons entitled to cast at least eighty per cent of the votes in the association, or any larger percentage the declaration specifies, agree to that action in the manner prescribed in subsection B, except that all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a mortgage, deed of trust or security interest.
Conveyance of a groundwater right requires that a “Change of Ownership” form for the well permit be submitted to the State Engineer’s Office.Title 33 – Property Chapter 9 – Condominiums Article 3 – Management of the CondominiumĪ. Transfers are done typically with a deed, which is recorded in the clerk and recorder’s office, just as with deeds for land. Water rights are conveyed as real property interests using the same formalities as real estate, with certain exceptions. It is very important to note that the intent to abandon is required concurrent with non-use for a water right to be declared abandoned.Īlso note that if a person who owns a conditional water right fails to file a timely application with the court fulfilling the diligence requirements, that water right can be declared abandoned.Įvery ten years, the Division Engineer prepares an abandonment list which contains water rights that are believed to be either completely or partially abandoned.Ĭontact the Division of Water Resources to determine if your water rights have been placed on the abandonment list. the termination of a water right in whole or in part as a result of the intent of the owner thereof to discontinue permanently the use of all or part of the water available thereunder.” Using Water that Runs Through Your PropertyĪbandonment of a water right is defined as “. If you want to find out how many shares of water rights you have in a particular ditch, contact the ditch company. If you want to find out which water rights go with your land, you must research the deeds at your county clerk’s office. The Office of the State Engineer does not have any ownership information. In Colorado, there is no ownership registry for water rights. Short-Term Dwelling and Vacation Rental Licensing.
Office of Sustainability, Climate Action, and Resilience (OSCAR).Hazardous Materials Management Facility (HMMF).Tobacco Education & Prevention Partnership.First-Time Parents (Nurse-Family Partnership).
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