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Colorado Residential Real Estate Legal Questions

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153 legal questions have been posted about residential real estate by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Colorado Residential Real Estate Questions & Legal Answers
Do you have any Colorado Residential Real Estate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 153 previously answered Colorado Residential Real Estate questions.
Residential Real Estate
Colorado

Recent Legal Answers

HOA voting

Answered a year and 10 months ago by attorney Tony M May   |   1 Answer
If the HOW Bylaws require a 67% vote to change the bylaws and there is only 9 units, then it would require a 7-owner vote in order to change the bylaws.  The reason being is that a 6 out of 9 owner vote would equate to 0.666 or 66.66% vote.  Since this vote does not exceed the 6.7% threashhold, then you would have to go to the next or higher standard, which is 7 divided by 9, or is 77.777%).  The only time this requirement could be modified is if the Bylaws also said the vote could be calculated by rounding up.... Read More
If the HOW Bylaws require a 67% vote to change the bylaws and there is only 9 units, then it would require a 7-owner vote in order to change the... Read More

Making bylaws more restrictive than they already are...

Answered 4 years and a month ago by attorney Susan Kathleen Morath   |   1 Answer
That's an interesting question - could the covenants be amended to take out that limitation? An attorney really would have to review the entire covenants as well as any amendments and statutory requirements, to give you any helpful answer, and even then it might still be an open question. I'm sorry I'm not able to be more definite.... Read More
That's an interesting question - could the covenants be amended to take out that limitation? An attorney really would have to review the entire... Read More

Is a homeowner legally responsible for a tree in a neighbors yard that has encroached into their property (roots have extended into property)?

Answered 9 years and 10 months ago by attorney Donald Eby   |   1 Answer
Homeowner with the roots should remove the roots at his cost.     The owner of the tree should decide how to handle the tree. 
Homeowner with the roots should remove the roots at his cost.     The owner of the tree should decide how to handle the tree. 

sued to sell house

Answered 10 years ago by attorney Donald Eby   |   1 Answer
It is unlikely that the buyer could win the suit if he or she chooses to bring suit.  This is called a condition precedent which must be fulfilled before you have a duty to perform (sell).
It is unlikely that the buyer could win the suit if he or she chooses to bring suit.  This is called a condition precedent which must be... Read More

can entry into an above Condo unit be forced by HOA if the above owners are noncompliant

Answered 10 years and a month ago by attorney Donald Eby   |   1 Answer
You may need to bring an action against the upstairs neighbor based on the unsafe condition, requesting judicial relief or a court order to immediately remedy the problem.  
You may need to bring an action against the upstairs neighbor based on the unsafe condition, requesting judicial relief or a court order to... Read More

Is my land required to pay my emergency bill due to their negligence

Answered 10 years and a month ago by attorney Donald Eby   |   1 Answer
You should contact an attorney to discuss your case in person.  You may have a claim against your landlord for damages including your medical bills. We can help. 303-688-0944
You should contact an attorney to discuss your case in person.  You may have a claim against your landlord for damages including your medical... Read More

Quickclaim deed

Answered 10 years and a month ago by attorney Donald Eby   |   1 Answer
It is impossible to accurately answer your question.   But, it appears that you never had an ownership interest or you would have to sign the quit claim deed. It you are not on the deed then you have no ownership.     How does the trust paly into this?    You may want to consider consulting with an attorney to assit you in protecting your assts.   Good Luck!... Read More
It is impossible to accurately answer your question.   But, it appears that you never had an ownership interest or you would have to sign the... Read More

Do I have a case?

Answered 10 years and 2 months ago by attorney Donald Eby   |   1 Answer
The issue here is did the seller actively defraud you.  In order to have a winner of a case we will not only have to prove that these conditions exist but that the seller had actual knowledge of the conditions and took action to prevent you from discovering.   You should consider having an in office consultation with an attorney to discuss the facts and exactly what you can prove.   Good Luck!... Read More
The issue here is did the seller actively defraud you.  In order to have a winner of a case we will not only have to prove that these conditions... Read More

PURCHASE AGREEMENT

Answered 10 years and 3 months ago by attorney Donald Eby   |   1 Answer
Is the property in CO?  Do you have a CO attorney?  Is the broker the seller?   Good luck!
Is the property in CO?  Do you have a CO attorney?  Is the broker the seller?   Good luck!

disclosure question

Answered 10 years and 3 months ago by attorney Donald Eby   |   1 Answer
Are you obligated to disclose?  Maybe, but likely there is a strong arugment against it. If you don't disclose, rightly or wrongly, you may face suit in the future for failure to disclose, fraud, and damages.  So, it becomes a decision of weighing your risk.   To understand this you need to have a live conversation with an attorney.     Good Luck!... Read More
Are you obligated to disclose?  Maybe, but likely there is a strong arugment against it. If you don't disclose, rightly or wrongly, you may... Read More

Should I provide the HOA with copies of my drivers License and vehicle registration?

Answered 10 years and 4 months ago by attorney Donald Eby   |   1 Answer
Is it illegal?  No.   Does the HOA have the authority to demand these documents?  Only if the HOA Charter and docs gives them the authority.  It is strange that the HOA would now want to enforce the vehicle registration provision.  If you fail then you'll soon learn if the HOA has authority to enforce this demand. Good luck. ... Read More
Is it illegal?  No.   Does the HOA have the authority to demand these documents?  Only if the HOA Charter and docs gives them the... Read More

Our HOA is trying to pass on charges from replacing roof last year when previous owner occupied the house, are we now responsible for $3600

Answered 10 years and 4 months ago by attorney Donald Eby   |   1 Answer
It is impossible to determine who is resonsible for the repair charge from your email.  You may have a right to go back against the seller for fraud or failure to disclose.  You'll want to bring your claim in small claims court.  Good Luck!
It is impossible to determine who is resonsible for the repair charge from your email.  You may have a right to go back against the seller for... Read More

Bought land with CC&R restriction 1000sf min construction, HOA insist I must do min 2000sf or no permission

Answered 10 years and 5 months ago by attorney Donald Eby   |   1 Answer
If the HOA is attempting to enforce requirement more restrictive than the convents allow, you should consult with an attorney to send a demand letter based on their actions in excess of their authority. If you contact my office we'll give you a free 30 minute consult to see if we can help you.   303-688-0944... Read More
If the HOA is attempting to enforce requirement more restrictive than the convents allow, you should consult with an attorney to send a demand letter... Read More

How do I add my daughter's name to the title of my house?

Answered 10 years and 6 months ago by attorney Donald Eby   |   1 Answer
I recommend that you contact an attorney to draft a deed for you.  This asset with worth many thousands of dollars and you do not want to cause thousands of dollars worth of damages in an attempt to save a few hundred dollars.  I can do this for you on a flat fee, likely only $300.  ... Read More
I recommend that you contact an attorney to draft a deed for you.  This asset with worth many thousands of dollars and you do not want to cause... Read More

What are "salvage rights"

Answered 10 years and 6 months ago by attorney Donald Eby   |   1 Answer
I'm not sure exactly what you are asking.     But, it is unlikely that the Landlord has the right to simply come into the property and take personal property of the tenant in an effort to collect unpaid rent.    This would generally be called theft.     Good Luck!... Read More
I'm not sure exactly what you are asking.     But, it is unlikely that the Landlord has the right to simply come into the property and... Read More

Can I sell my residence to a family member with just a Bill of Sale?

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer
The quit claim deed is one way to transfer ownership in a property.  If your buyer will accept a quit claim deed then that will be sufficient.  I would never advise my clients to accept a quit claim deed when purchasing real estate in a market based transaction.  
The quit claim deed is one way to transfer ownership in a property.  If your buyer will accept a quit claim deed then that will be sufficient.... Read More

Is a lease non renewal for lease form a legal document.

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer
It is unlikely that the document will prevent you from being evicted.  However, you could attempt to use it as a defense.   Likely, your better course of action is to attempt to create a settlement agreement with the landlord to return possession and avoid the risk of having a eviction on your record.  ... Read More
It is unlikely that the document will prevent you from being evicted.  However, you could attempt to use it as a defense.   Likely, your... Read More

Do I have to go through court eviction process if there is no signed rental agreement?

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer
You have made the correct first step.  If they are still in possession of the home on Sept 1 you should initiate the judicial eviction action. If you are unfamiliar with this process I recommend that you consult with an attorney for advise or assistance. Good Luck!
You have made the correct first step.  If they are still in possession of the home on Sept 1 you should initiate the judicial eviction... Read More

If sellers realtor sends buyers inspection report to sellar, is this part of there disclosures for years?

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer
If you are the seller and you now as a result of this inspection report have knowledge of latent material defects you should disclose this information to future buyers or you risk suite for fraud and damages as a result of your failure to disclose.  
If you are the seller and you now as a result of this inspection report have knowledge of latent material defects you should disclose this... Read More

Do I have the right as an owner to speak personally to the HOA's attorney about a declarartion issue?

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer
The HOA attorney works for the HOA Board of Directors, if you have a conflict with the HOA it is unlikely that he will speak with you without authorization from the Board of Directors. Generally, an owners should deal directly witht he HOA Board or Management.  If this does not work you may need to hire your own attorney.  ... Read More
The HOA attorney works for the HOA Board of Directors, if you have a conflict with the HOA it is unlikely that he will speak with you without... Read More

can my old landlord take me to court for not paying for new carpets, we had no lease.

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer
Carpets are presumed to have a seven year useful life.  How old were the carpets when you moved in?  The value of the carpet may be $0 because of its age.   If your former landlord files a Complaint against you, you should consider hiring an attorney to protect you.   The lack of a lease does not prevent you from owing for damages which occurred during your tenancy beyond normal wear and tear.   Good Luck!... Read More
Carpets are presumed to have a seven year useful life.  How old were the carpets when you moved in?  The value of the carpet may be $0... Read More

My boyfriend & I bought a house, in his name only - 14 months later he told me I was a renter! Now he's selling & I never signed a rental agreement.

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer
You may have a claim to a portion of the $45K profit.  Can you prove that you are a co-owner?
You may have a claim to a portion of the $45K profit.  Can you prove that you are a co-owner?

I'm the home owner. A very negligent home inspector (hired by the buyer) caused the contract for the sale of our home to terminate.

Answered 10 years and 8 months ago by attorney Donald Eby   |   1 Answer
Show the mistakes to Buyer.  It is not likely that you have recourse against the inspector.  
Show the mistakes to Buyer.  It is not likely that you have recourse against the inspector.  

I need some advice regarding my HOA

Answered 10 years and 8 months ago by attorney Donald Eby   |   1 Answer
Unfortunately, your debt to the HOA is HOA business and thus the business of all the members of the HOA.  
Unfortunately, your debt to the HOA is HOA business and thus the business of all the members of the HOA.  

Does an HOA have the legal autority and power to force me to repaint my house to a different color?

Answered 10 years and 8 months ago by attorney Donald Eby   |   1 Answer
Probably.  The HOA's power is defined in its Bylaws or Charter.  Most HOA's have this power.  However, they cannot make such a ruling in an arbitrary and capricious manner.  
Probably.  The HOA's power is defined in its Bylaws or Charter.  Most HOA's have this power.  However, they cannot make such a ruling... Read More
Residential Real Estate
Colorado

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