Successfully Defended Against HOA Violation

Homeowners Association LitigationAttorney: Kristoffer Wathne

June 8, 2021 – Many Colorado neighborhoods are governed by Homeowners Associations (HOAs). The rules of the HOA community are described in what’s called the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). The CC&Rs describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. However, sometimes HOAs can get a little overzealous in enforcing them.

In this case, our clients came to us because they were facing fines for breaching their HOA’s CC&Rs. They received a warning letter after leaving their garbage can outside for a week. When our clients ignored the first letter, they received a second letter telling them they had to attend a hearing to address the garbage can issue.

Our HOA attorneys attended the hearing with the clients and were able to convince the judge to remove the fines.

Drafted Quit Claim Deed

Real EstateAttorney: Kristoffer Wathne

June 7, 2021 – When a quitclaim deed is used to transfer interest in a property, the grantor “quits” any right to the property. If the quitclaim deed is ambiguous, it can cause problems. This can occur when a deed is not conveyed along with a title covenant, or a guarantee as to the validity of the title.

The Real Estate Law team at Robinson & Henry helped our client draft a quitclaim deed that was accepted by the appropriate county office. Now our client can move forward with selling his house.

Effective Negotiation to Re-Install Defective Concrete

LitigationAttorney: Kristoffer Wathne

June 1, 2021 – There are a number of ways a lawyer can help a client find a solution to a problem without suing someone. Lawsuits are expensive and time-consuming, so our attorneys try to use other legal maneuvers before going straight to court. In this case, our lawyers negotiated with the opposing party to reach a good conclusion for our client.

This client sought the help of our litigation team after a recently-poured sidewalk she hired a contractor to lay began to crack and chip. Our client attempted to resolve the problem on her own, but she got nowhere with the contractor. That’s when she hired our attorneys.

Our lawyers reached out to the contractor and negotiated a settlement that got our client’s sidewalk replaced without her owing any more money to the contractor.

Respond to Cease and Desist Letter

General LitigationAttorney: Kristoffer Wathne

May 31, 2021 – Some intellectual property disputes are complex enough to send even the most seasoned attorney into a tailspin. However, sometimes all it takes is an attorney with superior negotiation skills to save a client time, stress and money.

Our client retained us after receiving a cease and desist letter alleging some of the contents of her website violated the copyright of her former employer. The issue was primarily with the phraseology of our client’s mission statemen, which allegedly usurped her prior employer’s proprietary information.

After reviewing the relevant documents and the two websites, our civil litigation team spoke with the opposing counsel. Our attorneys negotiated an agreement that allowed both parties to walk away from the dispute after our client made certain changes to her website.

Successful Settlement of Lawsuit Against HOA

Homeowners Association LitigationAttorney: Kristoffer Wathne

May 29, 2021 – If you live in a planned community these days, you likely are part of a Homeowner’s Association. An HOA essentially has ultimate authority over any modifications a resident would like to make to their home. These associations can get unwieldy due to lack of accountability and oversight.

Our client, an active-duty member of the military, joined his fellow homeowners in a lawsuit filed against the HOA for changing insurance policies in violation of the Covenants, Conditions & Restrictions (CC&Rs). The lawsuit resulted in an exorbitant sum for the deductible following extensive damage in the community from a hailstorm.

However, our client was deployed to Germany while litigation was still pending, and the HOA lawyer told the court they were unable to locate him. As a result, our client was not able to collect the money he was rightfully owed from the judgment. His case was also postponed due to the Service Members Relief Act.

Once Robinson & Henry’s civil litigation attorneys picked up the case following the postponement, they were able to reach a settlement with the HOA that netted our client $13,000.

Defend Small Claims Action

LitigationAttorney: Kristoffer Wathne

May 15, 2021 –  If you are unfamiliar with the legal system, it can be confusing to know where to start when facing a potential lawsuit. The attorneys at Robinson & Henry PC can help you find your footing and arm you with the knowledge you need, no matter which stage of litigation you find yourself in.

In this case, our client sought legal advice after being served with a small claims complaint regarding unpaid rent. Our Civil Litigation attorneys drafted an answer to the complaint, conducted settlement negotiations, and prepared our client for mediation. Ultimately she felt confident in proceeding with defending the matter on her own.

Responded to Lawsuit Settlement Offer

LitigationAttorney: Kristoffer Wathne

May 9, 2021 – While Robinson & Henry attorneys help many clients on legal issues from the beginning of the case to the end, our firm also helps clients with matters anywhere along the way. In this case, a client came to us with a settlement offer the opposing party had already provided.

Our role was to ensure the settlement our client accepted was fair. After sending a demand letter and engaging in settlement discussions, our client reached a settlement and received the funds.

Sublease Advisement

LitigationAttorney: Kristoffer Wathne

May 7, 2021 – An individual sought legal advice before moving forward with subleasing some property within a neighborhood governed by a homeowners’ association.

Many developed communities have a set of convoluted bylaws that regulate what homeowners can do with their property, including whether than can rent it to someone else.

In this case, a member of our Civil Litigation Team answered the client’s questions regarding legal obstacles he may face if he sublets a portion of his home. In addition to helping the client gain a clear picture of the HOA’s rules, we also counseled him on potential future liability due to the sublease.

Responded to a Notice to Lien

LitigationAttorney: Kristoffer Wathne

May 2, 2021 – In this case, a homeowner sought our help after a contractor threatened to sue them and place a lien on their property.

The contractor claimed breach of contract based on an alleged contract and alleged work completd on our client’s property a number of years ago. Not only had the statute of limitations run out, there was no legitimate claim to a lien or breach of contract.

Our Litigation Team drafted and sent a cease and desist letter to the contractor on behalf of our client. As a result, the contractor stopped their baseless threats, and our client has confidence their home is not at risk of having a lien.

Construction Defect Settlement

Real EstateAttorney: Kristoffer Wathne

April 24, 2021 – This was a failure to disclose case in which our client had a number of construction defect claims against the other party.

Our Real Estate Team negotiated on our client’s behalf, and an agreement was reached. Our client received the settlement funds from the other party so the defects could be repaired.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.