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 »
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.
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 »
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 »
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.
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 »
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.
They will not respond to any questions. Completeley destroyed garage.
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.
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 »
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.
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 »
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.
They tell me I need to pay 650 dollars to make our home legal. We have a coo.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
Also, because of my disability child support has not pursued me for quite some time now
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.
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 »
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 »
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 »
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 »
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.
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.
I have left the community. I would like to quit claim the property and avoid the years long cost and harassment
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 »
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 »
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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