Colorado Residential Real Estate Legal Questions

Your HA Board is likely operating outside of it's powers and can be sued.  Actually, the board members themselves may have personal liability and can be sued as well.  The board is operating in an arbitrary and capricious manner thus, again subject to being sued for the damages caused.   You should consult with an attorney to rectify this situation as soon as possible.     Good Luck,... Read More

You do not have Statute of Limitations protection.   The issue here will come down to a strict reading of the HOA bylaws.   If the HOA is acting outside of its power or is not handling your case properly (administratively) then you have a case which can be won against the HOA. You should contact an attorney to review the ByLaws and advise on the specific facts of your case.    Good Luck,... Read More

Yes, you should consider hiring an attorney so that you can get to the bottom of this.  Once the area was dried then your insurance company should be assisting you in repairing the damage.  Also, it appears as the mitigation was excessive and maybe negligent.     Good Luck,... Read More

Your question is more complex than this forum can handle.  The answer to your question lies in the bylaws of the HOA.  The HOA has a responsibility to protect the neighborhood in its entirety.  Thus, it is unlikely that one owner should be allowed to such a right.  The question of freedom on religion does to give one the right to be offensive to others in the practice of that religion.     There are many issues here and you should contact an attorney to discuss this matter in detail.   Good Luck.... Read More

You have two options.   First you could perfect your Warranty of Habitability claim, the first step is to send a demand letter identifying the uninhabitable condition and demanding that it be repaired in a reasonable amount of time.  Perfection would mean that you can make repairs and withhold that amount from the lease payment or break the lease by returning possession and not be on the hook for damages.   Second you could bring a personal injury claim against the landlord.  This will require testing of the mold to ensure it is indeed dangerous and also a doctor who would testify that your health problems are linked to the mold.  This could create a damages award for you.   Hope that helps, Don Eby... Read More

So long as the request for accommodation is handled correctly the HOA will not have a case against you.  I recommend contacting the HOA regarding how special accommodations are handled and ensure that the request is properly submitted.  If the HOA denies the request then we'll need to look at this in more detail.   Good Luck... Read More

If you can prove that the seller had notice of the case then you may have a claim against him or her.  But, what are your damages and how will you quanitify your damages before the case is decided or settles? Based on the sparce facts presented above, your claim against your seller is not great.     Good luck,... Read More

This could be a joint fence where both you and the neighbor are jointly responsible for the upkeep and repair or this could be a fence owned solely by you and thus only you are responsible for it. If the fence is not on the property line but on your property this is only one of many facts that can be used to prove that the fence is your responsibility.   If you've not spoken to your neighbor I recommend starting there.  Next the HOA if there is one, lastly the previous owner to see if there was any agreements make when the fence was constructed.   Good Luck,... Read More

Maybe.  It depends on if you can meet the requirements of adverse possession.  If your access was granted by permission and the new owner now denies your access you are unlikely to be able to meet the adverse possession requirements.  However, if your access was as a result of your unchallenged use then you may be able to sustain a claim.  I assume that you have an alternative access. You may want to consult an attorney.   Good Luck! Don Eby... Read More

You should consult with and attorney so that the exact facts can be discussed.   If you were negotiating with the owner as the seller and they failed to disclose a known material defect which could not be discovered through a reasonable inspection then you may have a case.  However, in buying foreclosures one normally buys in an "as is" condition where the buyer assumes the risk.  This will be dependant upon the specific language of the buy/sell contract.   Good luck, Don Eby... Read More

If you are suing to recover a improperly withheld security deposit, you may want to hire an attorney.  The statute will allow you to recover your attorney fees from your landlord. If your landlord is a broker, he should be easy to find.  A Private Investigator can help you to locate him for service of process if need. Good Luck, Don Eby... Read More

If they have a lease signed by you an obligating you to pay rent.  Then you will need to signed release in order to defend yourself.  If you do not have a signed release then it is likely that the management company can get a judgement for the debt against you.   Good Luck,... Read More