Colo. Rev. Stat. § 38-36.5-106

Current through Chapter 492 of the 2024 Legislative Session

Section 38-36.5-106 - Form for amendment

(1) An owner making an amendment pursuant to this article 36.5 must use a form substantially equivalent to the following form:

Amendment by Owner to Remove an Unlawful Restriction This Amendment is recorded under the state's Uniform Unlawful Restrictions in Land Records Act, article 36.5 of title 38, Colorado Revised Statutes (the Act), by an Owner of an interest in real property subject to an unlawful restriction as defined under the Act.

(1) Name of Owner: _____________________

(2) Owner's property that is subject to the unlawful restriction is described as follows:

Address: _____________________

Legal Description: _____________________

(3) This Amendment amends the following document:

Title of document being amended: ______________

Recording date of document being amended: _____________________

Recording information (book/page or instrument number): _____________________

This Amendment removes from the document described in paragraph (3) all unlawful restrictions as defined under the Act. Removal of an unlawful restriction through this Amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under the Act at the time of filing this Amendment. This Amendment is not effective if the property is subject to a governing instrument as defined under the Act.

Owner's Signature: _____________________

Date: _____________________

Notary Acknowledgment: ____________________

(2) An association of owners making an amendment pursuant to this article 36.5 must use a form substantially equivalent to the following form:

Amendment by Association of Owners to Remove an Unlawful Restriction

This Amendment is recorded under the state's Uniform Unlawful Restrictions in Land Records Act, article 36.5 of title 38, Colorado Revised Statutes (the Act), by an association of owners identified in a governing instrument that contains an unlawful restriction as defined under the Act.

(1) Name of Owner: ________________

(2) Name of Association: _____________________

(3) Property encumbered by a governing instrument containing the unlawful restriction is described as follows:

Legal Description: _____________________

(4) This Amendment amends the following described document:

Title of document being amended: ______________

Recording date of document being amended: _____________________

Recording information (book/page or instrument number): _____________________

This Amendment removes from the document described in paragraph (4) all unlawful restrictions as defined under the Act. Removal of an unlawful restriction through this Amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under the Act at the time of filing this Amendment.

Association's Signature: _____________________

Date: _____________________

Notary Acknowledgment: ____________________

C.R.S. § 38-36.5-106

Added by 2024 Ch. 149,§ 1, eff. 8/7/2024.

2024 Ch. 149, was passed without a safety clause. See Colo. Const. art. V, § 1(3).