1. (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. (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:

   1. (a) In the common elements for the purpose of access to their units; and
   2. (b) To use the common elements and all other real estate that must become common elements for all other purposes.

Source: L. 91: Entire article added, p. 1727, § 1, effective July 1, 1992. L. 2022: IP(2) amended, (HB 22-1040), ch. 93, p. 449, § 4, effective August 10.