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Colorado Zoning, Planning And Land Use Legal Questions

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7 legal [2, *]questions have been posted about zoning, planning and land use by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Colorado Zoning, Planning And Land Use Questions & Legal Answers
Do you have any Colorado Zoning, Planning And Land Use questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 7 previously answered Colorado Zoning, Planning And Land Use questions.
Zoning, Planning and Land Use
Colorado

Recent Legal Answers

our homeowners association has approved a cell phone tower on our lake/open area

Answered 10 years and 4 months ago by attorney Donald Eby   |   1 Answer
Donald Eby
If enough owners are upset you could get signatures for a recall election to overthrow the board and replace with candidates who will not approve the tower. The other option is to look into the controlling documents to assess whether or not the Board is over stepping its authority to enter into this contract.   Good Luck!... Read Answer
If enough owners are upset you could get signatures for a recall election to overthrow the board and replace with candidates who will not approve the... Read Answer

Our HOA board isn't being open with the financial information that would help us know whether the special assessment is reasonable. Don't they have to

Answered 10 years and 6 months ago by attorney Donald Eby   |   1 Answer
Donald Eby
Yes, you have recourse - overthrow the board and elect more fiscally conservative officers.  That is your best course of action. As far as the past spending unless the board acted outside of its powers, it is elected to make the financial decisions mentioned above.  You may have an attorney review the HOA docs to determine if you have a case against the HOA, but reasonableness of the spending is not the standard of measure.   Good Luck! ... Read Answer
Yes, you have recourse - overthrow the board and elect more fiscally conservative officers.  That is your best course of action. As far as the... Read Answer

Can I be legally kick off of the property that I own because the government has decided to drill of oil on it?

Answered 11 years ago by attorney Donald Eby   |   1 Answer
Donald Eby
The government has the power of eminent domain.  But, the use of this power to drill for oil is unlikely enforceable.  You should contact and attorney to discuss the facts of the case and determine how you would like to defend your property.  
The government has the power of eminent domain.  But, the use of this power to drill for oil is unlikely enforceable.  You should contact... Read Answer

How do I obtain the mineral rights on property to be purchased that does NOT include same??

Answered 11 years and 5 months ago by attorney Donald Eby   |   1 Answer
Donald Eby
You will need to purchase the mineral rights from the owner of the rights who may be a different party or even several parties not including your seller of the surface.   Based on your above concerns you may want to contact an attorney to discuss your rights before closing the purchase on only the surface interest.    ... Read Answer
You will need to purchase the mineral rights from the owner of the rights who may be a different party or even several parties not including your... Read Answer

Who is responsible for sewer line maintenane on a shared sewer line?

Answered 11 years and 9 months ago by attorney Donald Eby   |   1 Answer
Donald Eby
If A wishes to continue using the sewer line he should make payment for his share of the repair bills.  Otherwise B is under no obligation to continue to allow his use.     Take him to small claims court.  
If A wishes to continue using the sewer line he should make payment for his share of the repair bills.  Otherwise B is under no obligation to... Read Answer

What is the responsibility for rockfall from common property onto personal property?

Answered 11 years and 10 months ago by attorney Donald Eby   |   1 Answer
Donald Eby
The answer to your question will be governed by the HOA bylaws or covenants.   The likely answer is that the HOA has liability.  Does the HOA have insurance?  Is there an active HOA Board of Directors?  Does the HOA assess dues and have operating money?   You should contact an attorney to discuss this issue with directly and allow him or her to review all the facts and associated documents.   Good Luck!... Read Answer
The answer to your question will be governed by the HOA bylaws or covenants.   The likely answer is that the HOA has liability.  Does the... Read Answer

Adopting new covenants

Answered 11 years and 10 months ago by attorney Donald Eby   |   1 Answer
Donald Eby
Your bylaws or covenants should have a section explaining the requirements to amend the documents.  However, if no instructions are available then you may refer to CCOIA for direction.  Of course if you can get 100% to agree then this does not matter.  
Your bylaws or covenants should have a section explaining the requirements to amend the documents.  However, if no instructions are available... Read Answer
Zoning, Planning and Land Use
Colorado

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