Co-Author: Jonathan A. Goodman, Esq. Obstacles in Amending and Enforcing Community Association Covenants: What your Association’s Documents Don’t Say May Hurt You. The Colorado Court of Appeals recently held that an association’s original covenants allowing for changes or modifications could not be amended to add a covenant that required homeowners to start paying dues for … Continue Reading
If a title company will issue survey-related protection based on an Improvement Location Certificate (ILC), why might it be worthwhile for my client to obtain a more rigorous (and more expensive) survey? Last month’s article showed an example where an owner had a title problem which might have been detected prior to closing had the … Continue Reading
If a title company will provide survey-related title insurance protection for a buyer without requiring an Improvement Location Certificate (ILC), why might it still be worthwhile for my buyer to obtain an ILC? If a title company will issue survey-related protection based on an ILC, why might it be worthwhile for my client to obtain … Continue Reading
Reprinted from REALTOR® Magazine http://www.realtor.org/realtormag February, 2002 by permission of the NATIONAL ASSOCIATION OF REALTORS® Copyright 2002. All rights reserved. At her buyer clients’ request, Joan went to the inspection. “She was our agent, and we thought she should be there,” the buyers would later testify. Occasionally, just to make sure the inspection was … Continue Reading
Joint Tenancy With A Noncitizen Spouse: An Estate and Gift Tax Guide for the Perplexed This article was originally published in Probate & Property, the Magazine of the Real Property, Probate and Trust Law Section of the American Bar Association, Vol. 16, No.1, January/February 2002, at page 41. The problem with federal estate and gift … Continue Reading
Co-Author: Amy E. Allison, Esq. Last month we looked at what constituted a trademark and how to search to see if there were any pre-existing marks that were similar. This month we address how to register a mark and therefore protect your rights in it. Registration A state trademark is one that is used within … Continue Reading
I (Abby) am the sole member in an LLC. The sole asset of the LLC is a Rental Property with an adjusted basis for tax purposes of $150,000 and a fair market value of $400,000. My friend, Bob, wishes to purchase a 1/2 interest in the LLC for $200,000 in cash. How should we structure … Continue Reading
Winning The S Corporation Election Many small businesses and start-up entrepreneurs consider using the S corporation as the entity of choice for running their business. The formation, management, and functioning of an S corporation is the same as, or very similar to, the formation of a C corporation. The primary difference between the S corporation … Continue Reading
Part II In Part I of this article, the differences between listing agreements and property management agreements were discussed. A primary difference is that listing agreements are short-term, while property management agreements contemplate a continuing relationship between manager and owner. There are no Real Estate Commission approved forms for property management. Owners and managers routinely … Continue Reading
Do you have customers who, but for a mistaken entry on their credit report, would otherwise qualify for a mortgage? Recognizing the importance of the credit reporting system, and its potential for error, Congress, in 1970, enacted the Fair Credit Reporting Act (Title 15, United States Code, Section 1681 et seq). Among its purposes … Continue Reading
