Legal Question in Construction Law in Colorado

Town Homes foundation issue

the HOA of my town home that I own sued the builders because there are foundation issues with the homes. They won that was two years ago and they have still not fixed the problem. What can I and the other home owners do about this


Asked on 10/13/08, 9:19 pm

2 Answers from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Town Homes foundation issue

I would contact the HOA agent and the board and request an explanation as to the delay. If you cannot come to an amicable resolution, you could sue the HOA for breach of fiduciary duty and other claims, depending on the facts.

Read more
Answered on 10/14/08, 11:03 am
Mark Cohen The Cohen Law Group, A Professional Corporation

Re: Town Homes foundation issue

My first question would be did the builder appeal or is the case over and done with. My second question would be whether the HOA won an award of damages. If the HOA Board is not doing its job, I would look closely at the HOA bylaws and the covenants. In addition to considering a lawsuit, consider whether it would be easier and cheaper to simply try to hold a special election to remove the Board.

Read more
Answered on 10/14/08, 11:28 am


Related Questions & Answers

More Construction Law questions and answers in Colorado