Q: We own a townhome in Frisco, CO that is technically a condo. Can you divide the properties to separate townhomes?
There is a 4-plex and a duplex and each has a parcel of "private use" outdoors. We want to see if its possible to separate the units into townhomes, where you own your unit individually, including the dirt, siding and roofs. There is one shared large driveway accessing all 6 garages, it would be fine to keep that as common area or use it collectively as an easement. First is that possible, second is it very involved and pricey?
A: It's possible but there would be several challenges. First, there is the question of government constraints. What do the Frisco and Summit County codes permit or restrict in terms of zoning, occupancy, etc.? You are talking about redefining property boundaries in a way that triggers such considerations. Second, are there condo declarations that are on file, establishing an HOA, etc.? Those will also have constraints and conditions on changing the boundaries and possible type of ownership. Third, does one person or family own all of the subject properties? If not, then it will require the agreement of all parties with an interest, including lenders and any lien holders, by the way. Legally, the term townhomes is not too different from condo, so it is tough to understand your goal. Short answer: Yes is possible but yes it is probably also quite involved and would require substantial time and money. To get more clarity, I'd suggest you ask a real estate lawyer for a one or two hour consultation, which would probably cost $400 to $500.
Timothy Canty agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.