Colorado Supreme Court Rules Titles Obtained Through Adverse Possession Subject to Terms of the Association Declaration
The Colorado Supreme Court recently issued a ruling in B.B. & C. Partnership v. Edelweiss Condominium Association, holding that a party taking title to real property through adverse possession cannot do so free and clear of the restrictions in a recorded condominium declaration. The party at issue was an original member of BB&C, the declarant, and thereafter the association's managing agent for 20 years. BB&C acquired title to an association parking space by adverse possession, and then tried to resell the space to a third party, non-owner, free and clear of the terms of the declaration. The Supreme Court held that any title obtained by BB&C through adverse possession would be subject to the terms of the association's declaration. In this case, the declaration prevented the sale of a common element parking space to a non-condominium owner.
This is important because with the increase in owners taking title following a foreclosure or quiet title lawsuit, associations should be diligent in informing new owners that along with ownership comes obligations and responsibilities as set forth in the association's governing documents.