Denver, CO asked in Real Estate Law for Colorado

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?

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1 Lawyer Answer
John Roland Lund
John Roland Lund
  • Carbondale, CO
  • Licensed in Colorado

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

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