Declarations

CCIOA defines a declaration as any recorded instruments however denominated, that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps. Section 38-33.3-205 of CCIOA sets forth the complete list of what must be included in the declaration. Generally, it should contain broad protective standards and restrictions for the community for which the rules, regulations and policies are intended to explain, clarify and define in greater detail. The declaration should also provide how the association will allocate the allocated interests of each unit; specify the purpose and goals of the association; and, address any formalities regarding the transition from developer to owner control.

Mountain Edge Amended Declarations (first 34 pages) and original Declarations following

A common question a condo owner may ask is how are dues collected? Do all owners pay the same amount? Are dues collected according to the size of the unit? The answers to these questions and many more are buried in the Condominium's Governing Documents – specifically in the Declarations. At Mountain Edge, our dues and assessments are collected based on size of unit rounded to a tenth of a percent. The smallest Mountain Edge unit pays 3.7% of the total dues and assessments collected and the largest unit pays 5.5%. The amended schedule of percentage interest in general common elements (recorded Oct. 1982) is found on PDF page 30 and is available here below. Please note, this is unit square footage data as recorded with our amended Declarations, but the square footage does not always match the Gunnison County Assessor's data.

It is interesting to note that not all Mt. Crested Butte Condominiums collect dues the same way. At this time, Three Seasons Condominium collects the same amount from all units - the largest unit pays the same in dues and assessments as the smallest unit. Timberline Condominiums has a bit of a hybrid approach. Most dues at Timberline are collected based on the size of the unit, but their Declarations have an interesting clause that if the association is charged a flat fee per unit (e.g., Water & Sanitation, Spectrum and the Management fee) than that fee is assessed equally to all owners. Associations can choose to amend their Declarations, but it is an arduous, expensive and time consuming process.