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I'm the treasurer of a small HOA. Of our 8 homes, 2 are in foreclosure and owe past dues. We'd like to file liens to collect.
Michael's answer
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Answered on June 23, 2011
In Colorado, most HOAs are governed by the Colorado Common Interest Ownership Act (CRS 38-33.3-101). Some HOAs are exempt from the Act, including...
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Oil and Gas lease: Can a seller of the land retain the Oil and Gas Lease if they sell there Real property?
Michael's answer
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Answered on June 21, 2011
Generally speaking, minerals (such as oil and gas rights) are severable from what is called the surface estate (the land). For example when many...
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What precedence can i use to get my unused rent returned?
Michael's answer
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Answered on June 10, 2011
You should consider hiring a local attorney who has done landlord tenant cases. Under the Colorado Deposit Law, a landlord can only withhold a...
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Is there a longer time between the foreclosure on residential and ag properties
Michael's answer
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Answered on June 06, 2011
The critical question is whether the property is assessed as agricultural property by the County Assessor. The mere fact that it is used for...
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Is there a case to change inequitable HOA assessments akin to usury interest rates.
Michael's answer
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Answered on June 06, 2011
Most Homeowners Associations are governed by the Colorado Common Interest Ownership Act (CCIOA). However, older HOAs (such as yours) may only be...
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My condo has been taken by the bank and will be foreclosed upon.
Michael's answer
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Answered on May 25, 2011
HOAs have a super-priority statutory lien for up to 6 months of assessments. Thus, the HOA will generally recover unpaid assessments from the bank...
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