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They have cited CO Rev Stat § 29-11.7-104 (2016) at bottom of signage as their authority to so prohibit said activity. Can they legally do this? As I read the statute it says a local government can enact ordinance, the homeowners association however is not "local government". Can I sue... View More 
answered on Aug 17, 2019
A lawsuit it one option. Another is to have an attorney draft a letter on your behalf outlining the issue and why the HOA will ultimately lose the lawsuit if your are forced to file it. This letter would likely be a faster and less costly method to achieve the desired result.
problems with gutters water leaking to the basement
answered on Jul 28, 2019
If the seller did not disclose a known latent material defect, and you can prove he knew and thus defrauded you then yes you have a case.
You can see that this is a somewhat technical analysis. I recommend that you contact an attorney to discuss the facts and your proof so that you can... View More
I need to have the property put in my name since I am the heir. The title company said it needs to be probated in order to get the title transferred. My father died in 1991. A few years later my mom included the property in a trust in the state of Missouri where they have always lived. My mom... View More
answered on Jul 26, 2019
The probate will help you clean up the title issues in CO. If no one opposing your appointment as Personal Representative or your handling of the CO assets the probate will be relatively quick and inexpensive. You should contact a CO attorney to discuss the process and costs.
I do have renters insurance
answered on Jul 24, 2019
Research Colo Warranty of Habitability.
This is a complicated process, I recommend contacting an attorney to ensure that your Warranty of Habitability defense is perfected.
answered on Jul 12, 2019
This is a more complicated question than you may think. The answer depend on who owns the fence and whether or not the fence is actually on the property line.
Getting the answer to this may take some research.
One year lease through 30 June 2019. We notified landlord of our intent to vacate the property one month early back in April 2019. Landlord showed property several times prior to our move out and found a new renter to begin leasing on 1 June 2019. We were not charged rent for June because we were... View More
answered on Jul 2, 2019
The Courts will not allow landlord to double dip by charging you June rent while collecting rent from the new tenants.
WRT when does the 60 days start for purposes of the Sec. Dep. Accounting, likely not until the new tenant took possession. This is a common fight. The bottom line is that... View More
I moved from Florida to Colorado and cannot file for the divorce until I have lived here for 90 days. We have already split our money and he will be paying for the house with his money. I have been asked to sign a paper saying I have no claim to the house. Does that protect me if he defaults or if... View More
answered on Jul 2, 2019
Under Colorado law, the house will be marital property since it is purchased during the marriage. All marital property is subject to an equitable division in a divorce. this means property is divided "fairly', not necessarily "equally". You should have an attorney review the... View More
This assessment is for a 20 unit fire that happened March 26, 2018 when we didn't even in own our home. Our insurance will not cover this assessment being we didn't have possession at the date of loss. Are we required to come out of pocket to pay this?
answered on Jun 25, 2019
The unfortunate answer is yes. When it comes to HOA assessments the owner at the time of the Assessment not the underlying damage is responsible for paying the assessment.
abandoned home that my husband and I was told we could stay in. Now the lady wants us to move but we have made some outstanding improvements to the place and she is breaking a verbal contract
answered on Jun 19, 2019
No. Unless Colorado law is different from Florida law (not very likely), everything legal involving real property (like the house you live in) must be in writing; oral agreements are not enforceable. However, out of an abundance of caution, I advise you to call a Colorado real estate lawyer and ask... View More
A property owner's land abuts our property. Between our paved road and this neighbors property lies our drain swale and right-of-way. Without our permission, he presumed to dump a load of gravel to build his own access onto our private, paved road. He is now damaging the edge of our pavement... View More
answered on Jun 18, 2019
You should contact an attorney to review the facts. A neighbor like this may respond to an attorney's demand letter explaining that if he continues his current action he will be sued, he will lose, and it will be expensive for him. Or he may not and you may have to bring the lawsuit to... View More
The sellers agency contract has no dates in the listing period of the contract, section 3.6.. We are unhappy with the performance of the agent can we cancel after 45 days of being on the market but no term was ever entered. Both parties signed the agreement. This was the only data missing and no... View More
answered on Jun 16, 2019
LIkely yes. But, most brokers are willing to grant a mutual termination of the seller is not happy with their performance rather than risk a lawsuit. If the Broker is uncooperative your Mother-In-Law should bring the listing agreement to an attorney to evaluate and likely send the broker a demand... View More
I'll be contributing cash and she'll be securing the mortgage, but I'd also like to be on the deed. Can this be done without my name on the mortgage loan? Also, if I should die, can my 50% be automatically split between the child I co-own the property with and my other (adult) child?... View More
answered on Jun 16, 2019
You definitely should be named on the Deed, to protect your investment. Yes, you can obtain a mortgage obligating only one individual but take title to the same property in the name of two individuals. You risk that you will be wiped out should the lender need to foreclose.
You'll... View More
I'm selling my really old house, the pipes are 100 year old clay. We live next to a university whose land are pipes cross. They burst on their property twice and have been repaired and replaced, but from that point on it is still the original pipe to the house. Well they haven't taken any... View More
answered on Jun 12, 2019
Disclosure is your best answer here. You don't have to fix the pipes if you disclose. Not fixing and not disclosing is risky.
Our neighbor has planted trees and bushes directly over our sewer lateral, which crosses his property on an easement. The easement agreement says, "the <neighbor> covenants and agrees (i) not to construct, install or maintain any structures or fixed improvements within, over or upon any... View More
answered on Jun 11, 2019
You don't have to wait for the trees to damage your lateral lines. You can demand that they be removed now. If your neighbor refuses your request I recommend that you contact an attorney who can send the neighbor a demand letter outlining the law supporting your position and the additional... View More
We have rented from the same gentleman since 2012, he lived out of state until last year. In Jan we had to change internet providers. He said to put it in my name as we would be releasing again. I asked specifically because I didn't want to sign up for a 2yr agreement if he wanted us to move... View More
answered on Jun 10, 2019
If you refuse to return possession the LL will determine if he want to initiate an eviction action. If he does then you will want to show your evidence to the Judge in hopes of creating a contract through March of 2020.
You may consider having an attorney draft a demand letter to your LL... View More
I have been paying the rent in my name for the entire year. They have not said anything about it. His lease ends in 6 weeks and I am moving out at the end of his lease. If he comes back to live here and does not pay money for future rent can I be taken to court for eviction/ or sued for anything in... View More
answered on Jun 9, 2019
If you are not on the lease you have no obligations to the Landlord.
Good Luck!
I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need... View More
answered on Jun 4, 2019
It is a little difficult to clearly understand the chain of title here. But, generally the seller must sign exactly as he or she took title. If that did not occur the title company may refuse to issue a title policy for a transaction now. The only way to cure is to file a corrective deed which... View More
1. Buyer did not know deposit was listed as non refundable and seller agent presented contract on a way that made it seem as thought they had a 30 day review period to terminate and receive funds back, was also represented that HOA doc concerns were included as termination right under 30 day review... View More
answered on May 26, 2019
If seller (or seller through is agent) misrepresented the terms of the deal or otherwise mislead you into signing a contract you may have a right to terminate and demand your earnest money back.
But, your rights will be dependent upon your ability to prove the misrepresentation. I... View More
Our church bought 4 pieces of property. The first two we got financing on our own. The next two we got financed through a larger church organization that absorbed the first note and spotted us the money for the next two. We have since paid the loan off in full but the deed lists us and the other... View More
answered on May 9, 2019
The lender will need to release it's claim. The type of security that was provided for the loan will determine the type of filing that needs to occur to release the claim.
This is likely a valuable property and worthy of retaining an attorney to ensure that the Church has full and... View More
I believe it should be 90 days after 1 year
answered on Apr 25, 2019
The notice requirement is not based on the length of time that the tenant has been in place. The notice requirement is based upon the type of lease in place.
If you have a month to month lease the Notice requirement is 21-days prior to the end of the current lease term.
Notice is... View More
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