QUESTION

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

Asked on Jul 10th, 2014 on Zoning, Planning and Land Use - Colorado
More details to this question:
We are one of 100 owners of 1 acre lots on a 940 acre ranch in Colorado with 840 acres of common area. We are planning to build on our lot but there is a strong potential for rockfall originating above our property which is common property within the ranch area. What responsibility does the HOA have to mitigate this rockfall potential?
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
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!
Answered on Jul 13th, 2014 at 1:39 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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