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Questions Answered by Donald C Eby
1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

Time and material cost and possible of it changing was made clear from the start. Order was delayed and arrived wrong (this last monday). Lumber company was willing to except fault for mistake and meet us half way on materials cost increase. Homeowner eminently cancels and whole project and demands... Read more »

Donald C Eby
Donald C Eby answered on Nov 22, 2020

You ask a lot of great questions. I suspect that you do not owe a full refund and I question the homeowners right to cancel. But, the answers to these questions are found in your contract. I recommend you bring your contract to an attorney to have it reviewed along with your facts and expenses.... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: If you are are partial owner on a property title, can you be sued for the full equity in the property?

My mother in law needs to be a partial owner to occupy a condo I own. She got in a car accident 1 1/2 years ago and the claim has not been closed. I am worried about putting her on the title (even at 1% ownership) with the claim still pending.

Donald C Eby
Donald C Eby answered on Nov 16, 2020

You should be concerned. If she is an owner. This creates an asset from which the creditor from the car accident could levy to force payment of the debt. It is a lot more complicated than that, but you should consult an attorney before simply filing a Quit Claim Deed to add anyone to title to... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, when does a landlord have to return security deposits in the case of an early lease termination?

We had to terminate our lease early due to a move, and the landlord is now stating that they don't have to return our deposits to us until the property is re-rented, which is in contradiction to what was stated in our lease which states "landlord shall provide tenant with a written... Read more »

Donald C Eby
Donald C Eby answered on Sep 30, 2020

The issue in Sec Dep cases is always when does the 60 day clock start to run. If you have an affirmative agreement to terminate the lease on July 20 and/or you paid the Lease Break Fee and it was accepted as such, you may have a good case to demand your Sec Dep be returned in full and to possibly... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: If the seller and their RE agent were aware of foundation issues, are they legally bound to report them?

Seller was executor, however we also learned for the past 10 years they have been the sole caregiver for the property (replacing roof, electric, etc). We came across someone previously under contract who provided the estimate they received for foundation work. Are they legally bound to... Read more »

Donald C Eby
Donald C Eby answered on Sep 29, 2020

Withholding knowledge of a material defect like an expensive foundation issue from a potential buyer could subject the Seller to triple damages in a lawsuit. If you are the buyer you should contact an attorney ASAP.

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1 Answer | Asked in Civil Litigation and Foreclosure for Colorado on
Q: My COA/HOA roof assessment of $5,163 was paid-in-full. They have violated the contract

Diversified Management and the COA (Colorado Speings), in abuse of power and selective enforcement held my final payment of $2,563 in cashiers check for nearly a year, returned it for "reissue", then immediately turned my paid in full account over to Orten Cavanagh collection. This firm... Read more »

Donald C Eby
Donald C Eby answered on Sep 3, 2020

You'll need to provide proof of the payment to the court, you can ask for attorney fees when you win. I recommend that you contact an attorney that represents homeowners against HOAs to discuss your rights, remedies, and risks in this matter.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Do we have any recourse? Elevator leg fell over on my father's garage due to a bad storm. He has no insurance.

They will not respond to any questions. Completeley destroyed garage.

Donald C Eby
Donald C Eby answered on Sep 3, 2020

If someone else owns the Elevator Leg you have a claim for damages against them. You may want to get an attorney to assist you.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Our neighbor's tree fell on our house causing $389 in damage. They told us to make an insurance claim. Who should pay?

The tree is clearly rooted in their property. Our neighbor's property is managed by Walter's and Company, who did remove the fallen tree after we alerted them to the issue. Walters and Company Property management has stated that they will not be paying for any repairs needed from their... Read more »

Donald C Eby
Donald C Eby answered on Sep 2, 2020

This is a claim that you would likely win if you were to bring the case in Small Claims Court.

1 Answer | Asked in Real Estate Law for Colorado on
Q: is it true that if something isn't specifically prohibited in homeowner association covenants, then it is allowed

Some board members have decided to interpret the covenant 5.23 vehicles. " No snowmobiles, all terrain vehicles, or off-road vehicles shall be operated in River Terrace. No vehicles may be stored outdoors." that no rv's, travel trailers, campers, trailers can be parked anywhere on... Read more »

Donald C Eby
Donald C Eby answered on Sep 1, 2020

You may want to consult with an attorney to respond to your HOA to dispute the HOA's overreaching attempt to enforce the convents.

The HOA only has the power specifically granted to it in the HOA documents.

2 Answers | Asked in Contracts and Construction Law for Colorado on
Q: Can a contractor charge me additional money after I paid the invoice in full?

A subcontractor "forgot" about additional charges over a week later and now the subcontractor is trying to charge me additional money.

I am the owner, and was told that the job was paid in full. Now, a week after, they are charging more money with no itemized bill.

Donald C Eby
Donald C Eby answered on Sep 1, 2020

If you content that you do not owe those additional charges then you may want to have an attorney dispute the charges for you. Or alternatively, if you don't pay the charges then the Contractor may or may not bring a lawsuit to compel payment at which time he would have the burden of proof to... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can an HOA enforce view corridors of neighbors for building a house? Is there a law, or case on the topic?

An HOA claims they can enforce a lower height limit than usual, or a larger setback than usual, to keep us from building a house too close to a neighbor's view corridor (even though the neighbor thinks our proposed plan is fine). We are aware that a view easement can be purchased to protect a... Read more »

Donald C Eby
Donald C Eby answered on Aug 11, 2020

It is possible for an HOA to have this authority. But, it is also common for HOAs to overstep the limits of their authority. I recommend contacting an attorney who represents homeowners against HOAs to review any documents, HOA Covenants, bylaws, rejection letter, recorded easements, etc. and... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If my old landlord doesnt return my deposit or give me a itemized list of deductions by the allotted deadline,

Am I due back the entirety of my deposit, including any "non-refundable" portions?

To clarify, my landlord has 36 hours left to return my deposit with an itemized list of deductions. I am aware of the 7 day demand letter but I wanted to clarify what I am demanding. The law states... Read more »

Donald C Eby
Donald C Eby answered on Jul 29, 2020

The Non-Refundable portion is not likely to be subject to the Sec Dep Accounting requirements.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Colorado on
Q: How do i remove a felony charge that i shouldn't have been charged with according to the definition of the law used?

in 2002 i was charged in colorado for possession/knowledge of possession of explosives/incendiary device, but the definition section of that law discredits the materials my roommate had (materials used to reload ammunition, and or black powder muskets) my public defenders failed me and mislead me... Read more »

Donald C Eby
Donald C Eby answered on Jul 25, 2020

You may qualify to have your Criminal Record Sealed. See the below link for more info:

https://www.robinsonandhenry.com/colorado/criminal-defense/sealing-criminal-records/

1 Answer | Asked in Real Estate Law for Colorado on
Q: Colorado builder missed the cert. of occupancy date. Builder did obtain COO before termination letter. Earnest money?

Signed standard contract with builder in Colorado with a firm cert of occupancy date. Builder missed date but obtained before we sent termination letter. Are we due our earnest money, builder is withholding.

Donald C Eby
Donald C Eby answered on Jul 24, 2020

Maybe. There is no such thing as a "standard contract with a builder." But, your rights WRT claiming that the builder breached by missing the contractual deadline for delivery and your remedies are going to be dependent upon the language in the contract. I recommend that you have an... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Can we get our earnest money back if Association changes covenants after approval but before closing.

Signed a contract to build house in Colorado. Received Association doc's after deadline. When received we approved. Before closing the Association approved new covenants. When we received these new doc's we terminated the contract within the 10 days. Are we due our earnest money?... Read more »

Donald C Eby
Donald C Eby answered on Jul 24, 2020

Builder contracts are generally not very friendly to buyers. The answer to your rights depends upon the language contained in the contract. We have had success in obtaining earnest money from builders to buyers in some situations. So, it is likely worth your time to contact an attorney and have... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: I was arrested on charges of harrasment and disorderly conduct based off of witness statements.

I feel there was no reasonable cause for an arrest to be made. The statements were false and I did not bother anyone in the building. The charges were dissmised in the interest of Justice. I am wondering if I have a potential case to sue for damages, economic losses, and non economic losses?

Donald C Eby
Donald C Eby answered on Jul 14, 2020

Potentially yes. These cases can be difficult. So you should consult with an attorney to discuss the facts, the law, your rights, remedies, potential outcomes, etc.

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: What are my options for resolving construction defect dispute with contractor? How can I find legal guidance?

I contracted with a concrete contractor to pour 290 sq. ft. for a concrete patio for $2750. The contract stated the concrete was to be "an average of 4 inches in depth." I pulled 40 measurements (one per lineal ft) from the concrete patio they poured and the depth ranges from 1.67 to 3.75... Read more »

Donald C Eby
Donald C Eby answered on Jul 6, 2020

If the contract has an arbitration clause initiation arbitration is you next step.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Our Aurora, Colorado condo tenant moved sometime before the end of his lease (June 30th, 2020) without our knowledge or

approval and rented the unit to someone, which is not allowed in our lease. We have posted a notice to quit by August 3rd. If we need to do an eviction, what other forms will we need?

Donald C Eby
Donald C Eby answered on Jul 6, 2020

If your tenant does not comply by returning possession your next step will be to initiate the judicial eviction process by serving the tenant with a Summons and Complaint.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I was given a house and there are people living in it what do I need to do to evict them
Donald C Eby
Donald C Eby answered on Jul 4, 2020

If you have asked them to leave and they refuse you'll need to evict them via the judicial system. This starts with legally sufficient notice.

If you are unfamiliar with the process I recommend that you contact an attorney to discuss the process, maybe help you with a proper notice,...
Read more »

1 Answer | Asked in Employment Law and Construction Law for Colorado on
Q: I recently received a court order to my home address of a company I managed in 2018, and was closed in august 2019.

The order was received at my home address, and stated on the order that it is the companies active office. When the company has been closed since august. I was just a manager and I’m getting the blame cause I was the point of contact. There was draining damage when we did pier drilling, and I was... Read more »

Donald C Eby
Donald C Eby answered on Jul 3, 2020

There is no way to give you good advise here. An attorney will need to see the documents you were served with to provide you with an assessment of your rights, remedies, and risks. And this could be serious, so you'll want to properly respond to avoid taking o liability. You should contact... Read more »

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