Boulder, CO asked in Real Estate Law for Colorado

Q: I own (free and clear) a condo in Boulder CO. Can I be forced to sell if an investor makes an offer for the complex?

A lot of investment in high-end new condos around mine. Our condo unit is one of 110 privately owned town houses and apartments. Most owners are not residents.

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1 Lawyer Answer
James A. Greer
James A. Greer
Answered
  • Boulder, CO
  • Licensed in Colorado

A: Boulder Townhouse / Condo Owner: The analysis of your question may require more information as I am reading what appears to be conflicting terminology. However, I'll make an effort to assist, while qualifying my answer. If you "own" the title to your unit, then indeed you have a condominium (you'll know this by examining title, and you will have been issued CC+R documents, you'll have been notified that there is an HOA, and you will be paying into HOA dues). If that is the case then an "investor" cannot purchase your titled condominium, without your approval, barring an unusual contractual clause or restrictive language when you purchased. If there is said unusual clauses or language when you purchased, then that information needs to be supplied to the attorney. If your purchase was from a private person under an arms length and standard Purchase and Sale contract with no restrictive covenants for transfer, under a standard condominium terms and conditions, then you have the right to reject the "investors" offer. In have experience where an investor makes an offer to buy as many of the units as they are able to negotiate (that is permissible, of course) and then tries to achieve majority vote for passage of HOA/Board decisions which favor the investor. But in order to thoroughly assist, an attorney needs more information about your purchase transaction.

JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party.

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