Quite often, I have a discussion with a client about potentially transferring their investment property (i.e., a house or condo) into an LLC, for asset protection purposes. This may make sense, but many people have misconceptions about the pros and cons. Here are three points to consider:
Consider a situation where Rancher Ralph releases his livestock on his own property to graze, but there are no boundary fences. Rancher Ralph’s livestock wanders off, enters Farmer Bob’s farm, and feasts on Farmer Bob’s crops. This situation presents a trespass – under common law trespass principles, Rancher Ralph would be liable to Farmer Bob
NEPA is strictly a procedural statute.
Homeowners associations are governed by various documents that can confuse owners and even HOA board members. The nature of the HOA itself is often misunderstood. Here is a primer:
Common Interest Community. Colorado law uses the term “common interest community.” It comes from Colorado’s main statute regarding HOAs, called the “Colorado Common Interest Ownership Act,”
Terminating an HOA is almost impossible.
It is quite common in Colorado for major (or even minor) housing developments to face intense opposition from existing residents. For example, check out the “Sanctuary on the Green” project that would bring much-needed housing to Fort Collins, CO. The project has been mired in controversy since first proposed in 2018. In 2022,
Colorado attempts to encourage private landowners to allow recreational use of their property via a new law.
For an easement by prescription, the claimant’s knowledge or state of mind does not matter.
Examples of how the Colorado legislature’s efforts to tackle high housing prices in 2024 advance property rights.
In Colorado, escalating housing prices are well-documented. A lot of blame gets placed on investors buying houses for cash, making it harder for ordinary people to acquire their first home. However, the fundamental problem is simply a matter of economics – Colorado’s population is rising faster than new housing is built, and so prices go
