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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: Must an HOA provide monthly bank statements to owners within an HOA?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If the governing documents specifically state this, then yes but it is highly unlikely that it does. On the other hand, you have a right to inspect the books---I would recommend that you contact a local HOA/real estate lawyer and sit down and discuss the specifics of your dispute and then decide... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: In a property line dispute, can on party take ownership of another party's house/property?

My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Jan 16, 2023

Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property... Read more »

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2 Answers | Asked in Real Estate Law and Contracts for Colorado on
Q: subcontractor put a Mechanics Lien on my property after I have paid full price to contractor I hired upon project done.

I only signed contract with the contractor and he is bankrupt now. what should I do?

James A. Greer
James A. Greer
answered on Jan 10, 2023

Dear Owner with Subcontractor Lien: The threshold question for proper legal analysis pertaining to the Subcontractor is whether or not the subcontractor sent to you, or tried to send to you, a certified mailing containing the proper notice that is required prior to recordation of a lien (it's... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: With regards to CO Rev Stat § 38-12-103 (2016)

If the time specified in section 1 passes and the landlord has not returned the security deposit or provided an itemized list of deductions, are damages and fees still deducted from the amount of 3x the original deposit?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Dec 29, 2022

Think of them as separate topics. The security deposit is meant to secure the performance of the lease. Once the time period has passed, the landlord forfeits the right to retain the security deposit. At that point, you have the responsibility to send the appropriate letters and bring legal action... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a boyfriend have claim on my condo if has lived in it with me for 8 years? I want him out of my home.

I purchased my condo in 2008. He moved in 2014 and still in my place now in 2022. We have a child together. If I get him out of my home can he have claim on half of my condo?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 17, 2022

That really depends. If you never transferred any type of ownership interest to him then in theory you should still own 100% unless you held out as married or did something else that would allow him to acquire an interest in the property.

That being said, you need to be aware of other...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Primary mortgage lien through company A. They sold it to company B. Lien still under A. Do I owe company A?
Timothy Canty
Timothy Canty
answered on Nov 11, 2022

Company B is likely just the servicer and not the actual note holder. This happens routinely and and is generally nothing to worry about.

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Colorado on
Q: If the house I co-inherited with my sister goes into foreclosure, will it affect my credit? (House in my father's name)

I'm struggling to get my sister on the same page about what to do with my dad's house. It's still in his name because he didn't leave a will and my sister and I have yet to go through probate. I have tried to sell her my share of ownership for a reasonable sum or suggested we... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

It should not affect your credit since you are not on the title or the mortgage. You may want to take a more active role by being appointed the personal representative ("executor") so you could sell the property if there is any equity to protect. You should get a lawyer to help you with this

1 Answer | Asked in Divorce, Foreclosure, Family Law and Real Estate Law for Colorado on
Q: My husband has an inherited property in Texas that I recently paid the taxes on to save from foreclosure, is it shared?

My husband has inherited property in Texas however I manage the property and I pay the lawyer as well as recently paid the taxes we’re looking at divorcing and he states that he won’t give a portion of the profit when it sells to my son or I. In addition it should be noted that he’s giving up... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

In a Colorado, divorce, inherited property is considered separate property. However, any increase in the value of that property is marital. You may have some claim for the property taxes. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My husband and I both include our residency at his inherited property in texas is it considered shared?

We are military and both technically reside at my husbands property in texas however he inherited the property, in addition we paid the taxes this past year out of my saving and will be paying the taxes out of his account this next year, but we both use the account? It sounds to me like it’s to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

This sounds like it is his separate property. However, any increase in the value of that property that occurred during the marriage is marital property, subject to an equitable division (meaning "fair'", not necessarily "equal"). You should get a lawyer to help you with this.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
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?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

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.... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Native American Law for Colorado on
Q: Should I sell my interest

I have trust land and the tribes want to buy my interest and conveyance for something

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

Afternoon,

I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a...
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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Are you able to request invoices/receipts from your landlord to recalculate the itemized list of deductions from deposit

We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.

Please be...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I sue a seller for nondisclosure for failing to disclose roof damage on the sellers property disclosure?

After closing on the condo the HOA levied a special assessment for $6,000 for roof repairs. The seller provided HOA meeting minutes that mentioned the hail damage but said it would be repaired by the end of the month prior to closing. The seller did not disclose anything relating to roof damage... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

It could be an issue if the buyer knew about the damage, knew it would not be repaired prior to closing, and failed to disclose it.

You will most likely need an attorney to determine if this qualifies as a breach of contract.

Please be aware that any answer is based on all the...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: My mother and father bought this property 19 years ago and I have occupied since day 1 my father passed Can I be evicte

Or are there rights protecting me

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

If you have stayed on the property as a guest, it is considered a license. A license can be revoked meaning that you can be evicted. Due to the duration of time, you may even be a tenant. But a tenant without a written lease that is provided with a notice to quit may also be evicted. I would... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Can you live/camp in the backyard of an unfinished home if you are not the owner?

A home on our street was torn down and a new home was started but only got as far as framing the house, then the progress stopped 2 years ago. The owner lives in Florida (this home is in Colorado) and the owner's son is homeless and has schizophrenia camps in the backyard. Other homeless... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 3, 2022

In short, it would be difficult to force the sale since you do not have an ownership interest.

Could there be other legal remedies? Potentially. You should call an attorney to check.

If the occupants are there without the landowner’s permission, it could be trespass. Again, it...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: can a owner give me 30 day notice to vacate for no reason other than not a good fit after I’ve been there a week?

I just moved into to and owner occupied home I have the whole garden level space. After 1 week owner says not a good fit provides a 30day notice to vacate. I have had no violations, not loud it’s just me and my 13lb mini Aussie. I’m disabled and hispanic so I’m not sure if she is... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 3, 2022

It depends. You need to talk to an attorney. If you are on a month-to-month lease, they may be able to terminate without cause on a 30-day notice. IE, they may not need a reason. Regardless, they need to follow both the lease and forcible detainer statute.

Regardless, more information...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: If the whole building is shutdown deemed unlivable and Tennant decides to break the locks and move back in against

health regulations. Is he still entitled to get his deposit back

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 3, 2022

It is very possible. The security deposit can often be used to repair damages caused by the Tenant. This all depends on the lease. The landlord may not be entitled to keep the security deposits just because the building has been condemned. More information such as the amount of damage caused by the... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Colorado on
Q: Which HOA is responsible for repairs?

I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 26, 2022

Sorry to give generic information but you should look into an attorney to sort everything out.

In addition, it may be worth taking the time to dig through your home owners documents for the insurance declaration and trying to make a claim directly with the insurance companies. If...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: My realtor sent me a transaction brokerage disclosure. Should I hire another realtor to represent me?
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 19, 2022

Well, that depends on your personal preferences. I personally like my broker only acting in my best interest but acknowledge there are times where it is appropriate for the broker to help both sides. A transactional broker acts more as a neutral 3rd party helping both sides in a transaction.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mom passed away last year i manage the property/payments. Do i have to do a transfer deed in my name or can i just h
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 16, 2022

Afternoon,

these types of questions are often handled in probate. If your name was not on the deed as Joint Tenants, you will need something in the public record to show that you own the property. If I recall, the executor of the estate typically has some authority over the matter but this...
Read more »

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