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She wants the tree cut because she is scared to sleep in her bedroom because she says my tree will fall on her bedroom. She has aggervated health issues from this tree, and she cant enjoy her yard because of this tree and she has increased anxiety and stress over this tree.
My tree is not... View More 
answered on Dec 22, 2020
Your neighbor is a nightmare and she is now suing you! You definitely need to engage an attorney to defend you and your property in the lawsuit and potentially assert counterclaims against her.
Contact an attorney who has litigation experience. Most will offer a free initial... View More
I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.
answered on Nov 30, 2020
It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... View More
Seen no one since Feb 2020. Paid 75% of contract which is more than itemized completion. Contractor is working on new jobs. He doesn’t contact back when I text or call. I just want to hire someone to complete our house.
answered on Nov 25, 2020
Likely, yes you have a basis to claim that the contractor has breached the contract and demand a return of your payment and damages.
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... View More
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.... View More
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.
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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.
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... View More
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.
They will not respond to any questions. Completeley destroyed garage.
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.
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... View More
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.
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... View More
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.
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.
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... View More
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... View More
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... View More
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... View More
answered on Jul 29, 2020
The Non-Refundable portion is not likely to be subject to the Sec Dep Accounting requirements.
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... View More
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/
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.
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... View More
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?... View More
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... View More
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?
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.
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... View More
answered on Jul 6, 2020
If the contract has an arbitration clause initiation arbitration is you next step.
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