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Colorado · Through Colorado Revised Statutes 2026

C.R.S. § 38-33.3-216: Easement rights.

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Where this section sits in the code
  1. Title 38 - PROPERTY - REAL AND PERSONAL
  2. Article 33.3 - Colorado Common Interest Ownership Act
  3. Part 2 - CREATION, ALTERATION, AND TERMINATION OF COMMON INTEREST COMMUNITIES

(1) Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this article or reserved in the declaration.

(2) In a planned community, subject to the provisions of the declaration and the ability of the association to regulate and convey or encumber the common elements as set forth in sections 38-33.3-302 (1)(f), 38-33.3-302.5, and 38-33.3-312, the unit owners have an easement:

(a) In the common elements for the purpose of access to their units; and

(b) To use the common elements and all other real estate that must become common elements for all other purposes.

Collected 2026-09-14T18:37:45Z. Source file · JSON

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