The Colorado General Assembly passed HB22-1137 increasing HOA Board requirements before filing lawsuits and limiting interest on delinquent accounts. We have mixed emotions about this law. On one hand, we have seen some heavy-handed HOA boards and lawyers taking advantage of the previous law. On the other hand, the pendulum has swung far the other […]
Coloradoans are getting Margarita Fever. A trip to the Mexican sun coast. Warmth, salt air and a whiff of humidity. A yearning for a piece of Mexican paradise warms the body while a little tequila whispers soulfully that it is the right thing to do. Why A Fideicomiso? Foreigners cannot directly own Mexican real property […]
Short term rentals are defined generally as a rental that lasts for less than 30 consecutive days. Airbnb and VRBO are just a few of the many companies who are trying to profit off homeowners renting empty rooms or empty homes to vacationers. While that may seem like an appealing way to make money for […]
As we approach the Fourth of July, you and many of your neighbors are probably planning to fly the American flag. However, if you live in a community governed by a homeowners association, this benign act of patriotism may be against the rules. In fact, a quick Google search reveals pages full of news articles […]
There is more to negotiating a Colorado commercial lease than just the cost per square foot. Should a problem arise sometime during the lease term, the commercial lease terms can be critical. The time to negotiate those commercial lease terms is before the lease begins. Read and Understand the Commercial Lease This may seem obvious, […]
Avoiding ancillary probate is easy. By putting real estate into something called a nominee trust or living trust, ancillary probate proceedings and the associated expense can be avoided. As an alternative to a living trust, a limited liability company can be created, the real estate transferred to the company and then ownership in the company can be transferred to the heirs through the primary probate proceeding…
Understanding Local Colorado Real Estate Law Thinking about buying real estate in the Bahamas? Maybe a timeshare in Barbados? A quaint villa in the French West Indies? Well, before you do, you may want to research the local real property taxes, think about how this little piece of paradise fits into your overall estate plan […]
Most landlords know the rule that residential security deposits cannot be withheld from a departing tenant without written notice. Many tenants receive written notice withholding a security deposit for what most would consider normal wear and tear. What can the tenant do?
In the past, collecting delinquent homeowner association assessments did not require much brainpower, effort or planning. That has changed. Strapped homeowners, behind on the mortgage and owing more than the house is worth are choosing not to pay homeowner association assessments.
Most if not all Colorado residential developments these days have a homeowner association and recorded documents that establish the rules for and obligations of the homeowners. Understanding those documents help homeowners avoid fines, lawsuits and unhappy neighbors. Yet, most homeowners have never read the governing documents.