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Frie, Arndt & Danborn Blog

Real Estate

Real estate gone awry, gone away?

by Jim Arndt

Real estate gone awry, gone away? Lately I’ve met with several clients who have discouraging real estate problems. In almost every case, these problems could have been avoided by checking with a lawyer before a transaction was completed. Here are some examples of the types of cases I’m talking about. I have met with several […]



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Alternative Dispute Resolution (ADR) #3 – Choosing a neutral party

by Frie, Arndt & Danborn

Selecting a third-party neutral or provider of ADR services is like choosing any other professional. The person(s) must meet the requirements of the case and of the parties. At a minimum, the neutral cannot favor any of the parties. Furthermore, the neutral must be impartial and may not have a “stake in the outcome of […]



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Value of Written Agreements

Alternative Dispute Resolution (ADR)

by Frie, Arndt & Danborn

Access to ADR Techniques The use of ADR techniques may be initiated by the parties or ordered by the Court. Court-ordered ADR is available in both state and federal courts. The Dispute Resolution Act, C.R.S. §13-22-301 et seq., establishes the Office of Dispute Resolution and grants authority to Colorado courts of record to refer a […]



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Real Estate – Joint Tenancy #3 – Joint Tenancy and Taxes

by Frie, Arndt & Danborn

Joint Tenancy How are taxes affected by joint tenancy? The laws of estate and gift taxes are considered to be very complicated. You should consult with an attorney or Certified Public Accountant. Estate and gift taxes are being evaluated for changes effective Jan. 1, 2013. Estate tax—Owning property in joint tenancy does not avoid estate […]



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Alternative Dispute Resolution

by Frie, Arndt & Danborn

“The term Alternative Dispute Resolution (ADR) is an umbrella phrase used to describe problem-solving methods or techniques. Many of these techniques have been used throughout history, but have recently become institutionalized in response to the need for efficient and cost-effective dispute settlement. The United States’ legal system was created as an alternative to violent, self-help […]



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Joint Tenancy #2-When a Joint Tenant dies

by Frie, Arndt & Danborn

Joint Tenancy-When a Joint Tenant dies What is the process for transferring title when one joint tenant dies? The most common assets owned in joint tenancy are real property and bank accounts. In order to transfer the deceased joint tenant’s interest to the surviving joint tenant(s), all that is usually required is the recording of […]



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Real Estate – Joint Tenancy

by Frie, Arndt & Danborn

Joint Tenancy What is Joint Tenancy? Joint tenancy is a way of owning real or personal property by two or more individuals. When property is owned in joint tenancy, there are two or more owners and each owns an undivided share in the same interest. If property is not owned in joint tenancy it is […]



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HOA Covenants Restricting Rentals

by Paul Danborn

Single-family Use Restriction Prohibits Short-term Rentals; Covenants That Allow “Amendments” Do Permit Adoption of an Entirely New Covenant: In June 2015 an Idaho court ruled in favor of an HOA enforcing a covenant restricting short-term rentals (less than six months). The townhouse association pursued an action against a homeowner for short-term rentals of his unit […]



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Issues with Neighbors

by Paul Danborn

  Are you having ongoing problems with your neighbor(s)? The City of Arvada’s police department offers a neighborhood dispute resolution process very similar to mediation that may help defuse tensions, and other cities may have similar programs. If your neighbor refuses to participate, there are still several things you can do to protect yourself from […]



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Community Association Manager Rules Adopted

by Paul Danborn

Yesterday, after months of delay, Colorado’s Department of Regulatory Agencies (DORA) finally adopted Rules regarding the licensing of HOA property managers. The Rules will take effect July 1, 2015 and implement the Community Association Managers Practice Act (which became law in May 2013). The Rules require persons engaged in two or more of several activities […]



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Refunds of security deposits

by Bob Frie

This is a common issue between renters/landlords. Tenant is moving out and wants the return of his security deposit. Landlord refunds a portion of the deposit and includes an accounting for the unreturned amount. Tenant disputes the amount not returned and claims that all “damages” were normal wear and tear to the property. Landlord marks […]



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