Denver, CO asked in Real Estate Law and Landlord - Tenant for Colorado

Q: A tenant's association sues for property ownership

This is for a story I am writing. I am wondering if a tenant's association, as a legal entity, were to sue an owner for gross negligence in managing the building, if they could be awarded ownership of said property. How realistic of an idea is this?

1 Lawyer Answer
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
Answered
  • Landlord Tenant Lawyer
  • Parker, CO
  • Licensed in Colorado

A: Sorry to say but it would be unlikely. Most of the time in litigation, if you prevail, you would be awarded monetary damages. There are certain exceptions such as when a contract has a specific performance clause or there is some reason in equity why another type of award is more appropriate.

In theory, you can write it so that the tenant's association won so much money that the building owner had to sell the building and the association then purchased it. In the alternative, maybe they claimed bankruptcy and the court ordered the building to be put up for public auction (not a bankruptcy attorney but is maybe plausible) at which point the association purchased the building. Or, maybe you can do it so that the building settles the litigation and part of the settlement is that the building needs to transfer ownership of the building.

I love the fact that you are looking into this. I hate reading books that are not based on reality but pretend to be.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.

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