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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 38. Property Real and Personal § 38-33.3-216. Easement rights - last updated January 01, 2025 | https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-33-3-216/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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