Scope

15-11-701. Scope. For the purposes of this part 7, the term governing instrument shall be as defined in section 15-10-201 (22); except: (1) Governing instrument shall not include a deed that transfers any interest in real property; however, section 15-11-712 shall apply to such deeds. (2) As the application of a particular section is limited by its terms to a specific type of provision or governing instrument. In the absence of a finding of a contrary intention, the rules of construction in this part 7 control the construction of a governing instrument executed or republished or reaffirmed on or after July 1, 1995, and the rules of construction under prior law control the construction of a governing instrument executed prior to July 1, 1995, and not a governing instrument republished or reaffirmed after that date. In the process of determining whether a contrary intention exists, the rules of construction of this part 7 shall not apply. (3) In the absence of a finding of a contrary intention, the rules of construction in section 15-11-705 apply to a governing instrument executed or republished or reaffirmed on or after July 1, 2010, and the rules of construction under section 15-11-705, as it existed prior to July 1, 2010, apply to a governing instrument executed prior to July 1, 2010, and not republished or reaffirmed after that date. Source: L. 94: Entire part R&RE, p. 1009, � 3, effective July 1, 1995. L. 95: (2) amended, p. 357, � 8, effective July 1. L. 2010: (1) amended and (3) added, (SB 10-199), ch. 374, p. 1750, � 11, effective July 1. Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see � 15-17-101.