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want to know, if I have a chance to keep my pergola as it is (oil-based stain on rough hewn cedar) when there is nothing in the written community guidelines saying that it has to be any specific color other than 'complementary' to the home? The source of contention is there are no... View More 
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answered on Sep 7, 2022
I would check under the painting/ maintenance section of the HOA's design requirements. Allot of these HOAs do not require approval if no changes are made. For example, my HOA does not require any type of approval to paint the exterior of the house if you use the same colors.
If you... View More
We have had her since she was 2 months. Her mother was using drugs and alcohol. She could not handle her. She is now 23 months old. Her mother is still homeless and unstable. She says she is not using. But unsure if that's true. Out of anger and vindictiveness she is threatening to take her... View More
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answered on Sep 7, 2022
In short, you need to find a family law attorney to look into filing a child custody case on your behalf.
In general, parents have first priority in regards to the custody of their children unless there is another factor at play. The fact that you have had custody for a prolonged period of... View More
This is a real estate home purchase contract in Colorado. The seller states they had a death in the family and now need to stay and keep their house. We, being kind people, agreed if they provide payment for expenses we have incurred. If we find out he lied and sells to someone else for more, is it... View More
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answered on Aug 30, 2022
Afternoon,
The concept of fraud revolves around the intent to deceive.
The test is rather complex but in general, if a seller lies about the specific subject matter to induce you to take a specific action that you otherwise would not have taken, it could be fraud. You need to talk... View More
The wasps were nested in the bedroom ceiling and broke thru a week after living there. They have now infested the whole apartment. Landlord was contacted August 1st but only makes promises of sending pest control over and never fulfills. They now won't even answer calls or emails.
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answered on Aug 26, 2022
I would call an attorney
In Colorado, we have a warranty of habitability statute. If a situation materially interferes with the tenant's health and safety then it could run afoul of the code. You need to ensure you provide proper notice and ensure you qualify. If you do both, the... View More
Someone dumped a hot tub at the dumpster of my complex. It's been there for over a month. Now there are couches and people are starting to throw trash in the hot tub. It stinks, it's an eyesore and isn't safe or sanitary. I asked my landlord almost a week ago to remove the trash.... View More
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answered on Aug 26, 2022
If the trash is creating a health and safety problem then it may raise a warranty of habitability issue.
In short, if the condition creates a material threat to the tenant's health and safety there are certain situations where the tenant can demand the issue be repaired and if not... View More
After renewing our lease, our management company removed the option to pay with a bank account leaving only the options to pay with credit or debit, and incurres huge fees to do so. The current lease states all rent and fees agreed to in the lease shall be paid through the mandatory portal, but the... View More
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answered on Aug 26, 2022
This is a grey area. If the contract does not specify that you need to pay any credit card fees you may be able to argue that they cannot charge them. I would think this is especially true since they do not provide you with any payment options where you would not need to incur these fees. But it... View More
He is staying in his truck and in a shed that is out back in driveway and small yard, but still does not work or contribute at all, and I need to move on with my life, what do I do to get him to leave, I am a single mom and cannot afford to hire attorney for this
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answered on Aug 26, 2022
It depends on if he is on the lease or was a tenant.
Unfortunately, you need to talk to an attorney.
You may need to file FED (eviction) proceedings to get him removed from the property. In the alternative, if he is not a tenant and does not have a right to be on the property then... View More
I want to protest a business and just want to make sure I can inform the potential clients about the business’ practices.
I just want to make sure I don’t commit decimation or libel.
Will they be able to pursue me for either if what I am telling people is based in fact?
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answered on Aug 26, 2022
You need to be very careful doing this. Just because your feel the statements you are making are true does not mean you cannot get sued.
In the US we have freedom of speech. That being said, that freedom is limited to an extent. If you publish false statements damaging the business's... View More
i no longer live in summit county. I moved to jefferson county 2 months ago. do i still have to do jury duty?
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answered on Aug 26, 2022
You may wish to reach out to the contact person listed on the jury duty notice. They may just dismiss you. If no one is listed, you should be able to look up the contact person on the court's website.
But if you are unable to get ahold of anyone then show up and let the staff know.... View More
I worked for owner and lived at motel he owns for five years we were to re t rooms, and keep property cleaned and mowed. He did not pay us and now wants to terminate our employment. He has not paid sales tax last document says 2013, he has repeatedly had power shut off closed accounts we used for... View More
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answered on Aug 26, 2022
It may be illegal. I would recommend you contact an attorney.
In Colorado, we have the unlawful eviction statute. In certain cases, if the landlord is intentionally shutting off the power to the residence it may constitute an unlawful eviction. This is a very fact-intensive analysis. The... View More
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answered on Aug 26, 2022
This is a complex question. You should contact an attorney.
If you own a property, you have a right to fence it provided you do not run afoul of any covenants, HOA, zoning, ordinances, and/or other laws. In certain rural areas in Colorado, you may be required to fence it.
The... View More
1) If I gave my apartment manager written 60-day notice and they discarded/lost it, can I still be punished as though I didn't give it at all?
2) Does it even matter if my apartment on my lease is a different apartment than the one I'm being charged for?
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answered on Aug 26, 2022
I am speaking solely in the context of events occurring in Colorado.
1) If you gave your apartment manager proper notice under the lease, it should not matter if they lost it or are unable to find it. I would hope you kept proper documentation. If so, the best course of action may be just... View More
The paper work for permits took longer then expected, there was a change order, and a deposit was put down from the homeowner. They want to cancel the contract and an itemized list of what was spent.
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answered on Aug 26, 2022
I would start with your original contract. If contains procedure on how to cancel the contract, then you may be able to use that.
If not, then you may wish to sit-down with the homeowner and negotiate a settlement agreement/ termination agreement. In short, you would both be agreeing to... View More
This attack occurred on my property against myself and my dog who was on a leash we were attacked by three large dogs over 100 lb each
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answered on Aug 26, 2022
Use of force is a factual question in every case. That being said, use of force against a human is vastly different than use of force against an animal. There is a chance you may run afoul of animal abuse laws, local ordinances, and other. But a dog can kill you.
If this is a continuous... View More
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answered on Aug 26, 2022
I agree with Ms. Whitehurst. A POA can grant different levels of authority. Some POAs may permit the user to take financial action while others may not.
Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... View More
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answered on Aug 23, 2022
Afternoon,
If you have a landlord threatening to remove items from a commercial space, you need to obtain an attorney right away.
In Colorado, we have the unlawful eviction statue otherwise known as C.R.S. 38-12-510. The statute prevents landlord from evicting tenants without... View More
I have expressed concern about the lighting in my house to my landlord a few times dating back to 8/15/22. I have sent out one text message, a call and an official request to be it done through her website. She has been completely unresponsive. The lights have been flickering constantly and dimming... View More
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answered on Aug 22, 2022
Afternoon,
Colorado’s warranty of habitability statutes can be found at C.R.S. 38-12-501 TO 38-12-511.
In short, Colorado’s warranty of habitability statutes requires landlords to address conditions that materially interferes with the tenant’s life, health, or safety. What... View More
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