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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

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 »

Donald C Eby
Donald C Eby
answered on Oct 24, 2020

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.

1 Answer | Asked in Real Estate Law for Colorado on
Q: can i get out of an easement agreement house sold 1 mo ago way too binding on my use of my own property Sara Passarelli
James A. Greer
James A. Greer
answered on Oct 18, 2020

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 »

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: I have rented the same house for 7 years. We just signed a lease ending sept 2021. It just came to our attention that

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 »

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 16, 2020

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.

2 Answers | Asked in Real Estate Law for Colorado on
Q: If the seller and their RE agent were aware of foundation issues, are they legally bound to report them?

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 »

Donald C Eby
Donald C Eby
answered on Sep 29, 2020

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.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Do we have any recourse? Elevator leg fell over on my father's garage due to a bad storm. He has no insurance.

They will not respond to any questions. Completeley destroyed garage.

Donald C Eby
Donald C Eby
answered on Sep 3, 2020

If someone else owns the Elevator Leg you have a claim for damages against them. You may want to get an attorney to assist you.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Our neighbor's tree fell on our house causing $389 in damage. They told us to make an insurance claim. Who should pay?

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 »

Donald C Eby
Donald C Eby
answered on Sep 2, 2020

This is a claim that you would likely win if you were to bring the case in Small Claims Court.

1 Answer | Asked in Real Estate Law for Colorado on
Q: is it true that if something isn't specifically prohibited in homeowner association covenants, then it is allowed

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 »

Donald C Eby
Donald C Eby
answered on Sep 1, 2020

You may want to consult with an attorney to respond to your HOA to dispute the HOA's overreaching attempt to enforce the convents.

The HOA only has the power specifically granted to it in the HOA documents.

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: County wants us to get a permit for basement finish from 2006 which was two owners ago.

They tell me I need to pay 650 dollars to make our home legal. We have a coo.

James A. Greer
James A. Greer
answered on Aug 26, 2020

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 »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Iif a hot water pipe runs in the walls and in another unit, other. The than one it feeds, who is responsible? Hoa/owner

Pipe is leaking due to original install practices.

Outside of "unit" or "air space" of feeding unit.

Located in wet wall below the subfloor for my unit.

Discovered by downstairs unit during remodel.

Feeds my kitchen sink but pipe travels through... Read more »

James A. Greer
James A. Greer
answered on Aug 26, 2020

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 »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can an HOA enforce view corridors of neighbors for building a house? Is there a law, or case on the topic?

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 »

Donald C Eby
Donald C Eby
answered on Aug 11, 2020

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 »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Colorado builder missed the cert. of occupancy date. Builder did obtain COO before termination letter. Earnest money?

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.

Donald C Eby
Donald C Eby
answered on Jul 24, 2020

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 »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Can we get our earnest money back if Association changes covenants after approval but before closing.

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 »

John Roland Lund
John Roland Lund
answered on Jul 24, 2020

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 »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Q: My ex-girlfriend never paid rent and never signed the lease she got letters here and stayed nights is she a tenant?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 14, 2020

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.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: If I am considered disabled and I inherit a house worth $350,000 can a very old child support case put a lien on it?

Also, because of my disability child support has not pursued me for quite some time now

Sabra M. Janko
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Sabra M. Janko
answered on Jul 8, 2020

A child support lien can be placed on a real property asset regardless of the age of the support case.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I was given a house and there are people living in it what do I need to do to evict them
Donald C Eby
Donald C Eby
answered on Jul 4, 2020

If you have asked them to leave and they refuse you'll need to evict them via the judicial system. This starts with legally sufficient notice.

If you are unfamiliar with the process I recommend that you contact an attorney to discuss the process, maybe help you with a proper notice,...
Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Support for Colorado on
Q: Can't find an attorney... Everyone I reach out to says "sorry, not my area of expertise". Child support property liens.

I have 2 separate Abstract of Judgements placing liens on property my ex husband owned for back child support in El Paso County, Colorado. I recently discovered that a couple years ago the home on the property was destroyed in a wildfire. He collected 130 thousand dollars in insurance money is what... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 2, 2020

I am not sure what you mean be "Abstract of Judgment". Usually you record a "Transcript of Judgment" in order to effect a lien on real estate. That needs to be renewed every 6 years. If you had a valid lien on the property, it may still be in effect. If not, you may be still... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Under contract for a home and builder isn’t following through timeline. We pay $638 every 7 days to extend our lock.

It’s a builder contract so wondering what power we have in the situation. If we can get any compensation from the builder to offset unexpected costs?

March 24 - Contract Date, we were informed that the build was estimated for completion on April 22.

May 8 - extension of Review... Read more »

Vincent Gallo
Vincent Gallo
answered on Jun 4, 2020

Responding from a New York perspective, mortgage rates are plummeting so you may want to consider letting your lock in expire and request a market rate which should be lower.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Is it legal, in 2020, for a Buyer to write a "love letter" to a Seller to help convince them to sell to them?
Donald C Eby
Donald C Eby
answered on May 25, 2020

It is not illegal for Buyer. But, brokers may be reluctant to deliver the letter and the seller may refuse to read the letter based on Fair Housing concerns.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I own hm outright. The HOA filed a fraud lawsuit. Havent been served. If I sign quit claim deed, will it void suit?

I have left the community. I would like to quit claim the property and avoid the years long cost and harassment

James A. Greer
James A. Greer
answered on May 17, 2020

Dear Recipient of Fraud Lawsuit by HOA: The general legal premise is that a FRAUD claim (or termed "cause of action", once a lawsuit is filed) is PERSONAL in nature. That means the cause of action survives the transfer of property, and a Quitclaim Deed transfer of the underlying property... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: recent survey, fence is 6.5 feet on our side of property line, neighbor wires gate closed that is on water right of way.

Our farm is in Garfield County Colorado. We have crossed the fence for years but I'm afraid neighbors may try and claim our land as theirs. I keep opening the gate for passage but now there's a lot of stuff wired over the gate opening from the far side of the fence, but still on our... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 6, 2020

You either move the fence or acquiesce to the present fence being the boundary. You need an attorney to conduct title searches on both properties, and possibly file a Boundary Line Dispute. You will probably need a survey by a Surveyor who can testify in Court. You seem to know that the other... Read more »

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