Condominiumizing Your Property
The Process of Condominiumization
Condominiumizing property is a form of subdividing property.
Rather than dividing land into separate ownership, airspace within an existing
building is divided into
separate ownership and the land under the building is held in common by all condominium unit owners.
See the Planning Department brochure on common
condominium terms.
Condominiumizing property requires compliance with most of the
same standards as subdivisions of land. The process
requires hiring a registered land surveyor to prepare a condominium map, which
is reviewed to ensure compliance with the subdivision standards in the
Estes
Valley Development Code, Section 10, as well as compliance with the adequate
public facilities standards required in Estes
Valley Development Code Section 7.12.
The process also involves hiring an attorney to prepare the
articles of incorporation for the condominium association, bylaws, and a
condominium declaration.
-
The articles of incorporation are filed with the
Secretary of State and create the non-profit corporation that will govern
the condominium association.
-
The bylaws describe how the daily business of the
association is conducted, such as how many members are on the corporation's
Board of Directors, when and how the directors are elected, the length of
their terms, and their powers and duties.
-
The declaration is a detailed document that addresses
many issues regarding property ownership and maintenance. It is recorded in
the Larimer County Clerk and Recorder's office, along with the condominium
map. The two documents work together to define condominium units, limited
common elements, and general common elements. The declaration describes who
is responsible for maintenance of all portions of the property from
landscaping and sidewalks to replacement of roofs or HVAC equipment. It also
addresses how expenses are shared among unit owners, if and where building
additions or alterations are permitted, and may include restrictive
covenants describing the uses permitted on the property, such as whether a
unit may be used for a home business or as a vacation rental.
Condominium applications are reviewed by the Estes
Valley Planning Commission, with final approval by either the Board of
County Commissioners (for property in unincorporated Larimer County) or the
Estes Park Town Board of Trustees (for properties within Town limits).
If you live within the Estes Valley
and are interested in condominiumizing your property, contact
a Planner in the Community Development Department. If you decide to pursue
the condominium process, you will need to schedule a formal pre-application
conference prior to submitting your application. Click
here to access the pre-application and development application forms, which
must be completed to apply for condominiumization.
Questions? Contact us.
|