With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has the power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
Source: L. 91: Entire article added, p. 1756, § 1, effective July 1, 1992.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 33.3 - Colorado Common Interest Ownership Act
Part 3 - Management of the Common Interest Community
§ 38-33.3-301. Organization of Unit Owners' Association
§ 38-33.3-302. Powers of Unit Owners' Association
§ 38-33.3-304. Transfer of Special Declarant Rights
§ 38-33.3-305. Termination of Contracts and Leases of Declarant
§ 38-33.3-307. Upkeep of the Common Interest Community
§ 38-33.3-310. Voting - Proxies
§ 38-33.3-310.5. Executive Board - Conflicts of Interest - Definitions
§ 38-33.3-311. Tort and Contract Liability
§ 38-33.3-312. Conveyance or Encumbrance of Common Elements
§ 38-33.3-315. Assessments for Common Expenses
§ 38-33.3-316. Lien for Assessments
§ 38-33.3-316.3. Collections - Limitations
§ 38-33.3-316.5. Time Share Estate - Foreclosure - Definitions
§ 38-33.3-317. Association Records - Rules - Applicability