It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an...Read more »
My mother in law needs to be a partial owner to occupy a condo I own. She got in a car accident 1 1/2 years ago and the claim has not been closed. I am worried about putting her on the title (even at 1% ownership) with the claim still pending.
You should be concerned. If she is an owner. This creates an asset from which the creditor from the car accident could levy to force payment of the debt. It is a lot more complicated than that, but you should consult an attorney before simply filing a Quit Claim Deed to add anyone to title to...Read more »
What you are required to pay for depends on what your rental agreement says. A lawyer would need to review that agreement and compare it next to the landlord-tenant laws to best assess your rights. Generally speaking, however, you never be double-charged or triple-charged for anything and you...Read more »
When you sign a lease it is common to have a provision that you will abide by the Association/Complex/Building Rules. These can be modified at any time without changing the terms of your lease. If the rules now provide that ID must be shown, then under the terms of the lease you must abide by the...Read more »
My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »
The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.
Dear Property Owner With Easement: A standard easement is a recorded document that is binding on both owners (both the "servient" and the "dominant" parcel owners), and an easement "runs with the land" (meaning, attaches to the property and impacts all future owners...Read more »
the house is deed restricted and therefor the landlord is in violation of the deed restriction by renting the house out. He is putting pressure on us to buy and we are looking into it, but he says if we don't soon he will put the house on the market and we are going to have to move out. Is... Read more »
Probably true. But you will need an attorney if you contest. Its a cost benefit analysis. To purchase, contest or move - those are the questions. If contest then see an attorney in the county where the property is located.
Seller was executor, however we also learned for the past 10 years they have been the sole caregiver for the property (replacing roof, electric, etc). We came across someone previously under contract who provided the estimate they received for foundation work. Are they legally bound to... Read more »
Withholding knowledge of a material defect like an expensive foundation issue from a potential buyer could subject the Seller to triple damages in a lawsuit. If you are the buyer you should contact an attorney ASAP.
The tree is clearly rooted in their property. Our neighbor's property is managed by Walter's and Company, who did remove the fallen tree after we alerted them to the issue. Walters and Company Property management has stated that they will not be paying for any repairs needed from their... Read more »
Some board members have decided to interpret the covenant 5.23 vehicles. " No snowmobiles, all terrain vehicles, or off-road vehicles shall be operated in River Terrace. No vehicles may be stored outdoors." that no rv's, travel trailers, campers, trailers can be parked anywhere on... Read more »
Dear County Compliance questioner: I'm afraid that your defense "it's been unlawful for a long time" is not adequate for you to avoid the Colorado Municipal Law pertaining to the County's jurisdiction over unpermiited structures. To perhaps smooth over your anguish about...Read more »
Dear Condo Owner with leaking plumbing pipe: If I am reading your question accurately, you have a situation where a water sourcing copper pipe that is leaking and caused damage to your flooring and possibly to downstairs neighbor, and you want to know if you or the HOA is responsible. Here's...Read more »
An HOA claims they can enforce a lower height limit than usual, or a larger setback than usual, to keep us from building a house too close to a neighbor's view corridor (even though the neighbor thinks our proposed plan is fine). We are aware that a view easement can be purchased to protect a... Read more »
It is possible for an HOA to have this authority. But, it is also common for HOAs to overstep the limits of their authority. I recommend contacting an attorney who represents homeowners against HOAs to review any documents, HOA Covenants, bylaws, rejection letter, recorded easements, etc. and...Read more »
Signed standard contract with builder in Colorado with a firm cert of occupancy date. Builder missed date but obtained before we sent termination letter. Are we due our earnest money, builder is withholding.
Maybe. There is no such thing as a "standard contract with a builder." But, your rights WRT claiming that the builder breached by missing the contractual deadline for delivery and your remedies are going to be dependent upon the language in the contract. I recommend that you have an...Read more »
Signed a contract to build house in Colorado. Received Association doc's after deadline. When received we approved. Before closing the Association approved new covenants. When we received these new doc's we terminated the contract within the 10 days. Are we due our earnest money?... Read more »
The Association docs you reviewed and approved probably set out the process for the Association to approve new covenants. If that process was followed and all took place after you approved the Association docs, then you probably cannot avoid the obligation to either close on the sale or lose your...Read more »
If she physically stayed there overnight, stored belongings there, on a regular basis, then she is a tenant. That is she is an occupant in possession. She does not need a formal lease contract, especially where you do.
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