Legal Ideas & Information - FJGG Newsletter - November 2017.

THE LEGAL EDGE


Legal Ideas & Information - November 2017
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Boulder’s SmartRegs’ Deadline for Owners of Rental Property

Picture of attorney Britney Beall Eder

The health and safety of people living in Boulder is a concern for Boulder’s government.  This concern led to the enactment of its SmartRegs in 2011. These energy guidelines for rental properties in the City of Boulder are intended to reduce carbon in the atmosphere, caused by Boulder’s rental stock.  The SmartRegs require rental property owners to comply with energy saving measures in order to reduce the energy consumption in their rental properties.

SmartRegs require licensed rental housing to meet a basic standard for energy efficiency by January 1, 2019.  The SmartRegs Ordinance compliance deadline is December 31, 2018.
 

What happens if you don’t comply with the SmartRegs?

If a property doesn’t meet compliance and have the required certificate, the owner will not be able to renew its rental license or legally rent the property. The owner could be subject to fines and possibly even jail time for noncompliance.


Teenagers and Parenting Time (Visitation)
Picture of attorney Zac Grey

Parenting time (visitation) orders and agreements in parenting plans or stipulations are sometimes made long before children are teenagers. Or, sometimes parenting time (visitation) orders and agreements are made when children are teenagers, but things change after the divorce or custody case is over – and those orders just don’t work any more in the real world.

There may be many reasons why a teenager does not want to visit with the other parent. For example:

• The teenager may think one parent is too strict (maybe the parent does not let the teenager play with a Play Station, or the parent actually makes the child do homework or chores; or the parent does not let the teenager hang out with friends in the basement, etc.).

• The teenager has after school extracurricular activities, and one of the parents doesn’t want to drive the teenager to the activity or the child is “too busy.”

• The teenager is just lazy, and doesn’t want to pack up and go to the other parent’s house.

• The relationship between the teenager and the parent has just deteriorated, and the teenager doesn’t want to see or speak with the other parent.

In any of those situations, the parent who allows the teenager to choose to not go to the other parent, could be in trouble with the law.

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IN THIS ISSUE
 
Boulder’s SmartRegs’ Deadline for Owners of Rental Property

Teenagers and Parenting Time (Visitation)

How is Colorado real estate transferred when an out-of-state owner dies?

Service Animals in the Workplace
 

How is Colorado real estate transferred when an out-of-state owner dies?

Picture of attorney Gregg GreensteinWhen someone dies owning Colorado real estate, a probate administration is necessary to transfer the property, either to a buyer or to the estate beneficiaries.  If the property owner died while living out of state, the type of probate proceeding necessary to transfer the Colorado real estate depends on whether a probate administration has been opened in another state:

  1. If an original probate proceeding was opened in another state, then the process to transfer Colorado real estate is referred to as an “ancillary” probate administration.
  2. However, if no probate administration was opened in another state, an original Colorado probate administration may be used to transfer the property.

This article will focus on Colorado’s ancillary probate process.  For details about original Colorado probate estate administrations, please refer to this article.

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Service Animals in the Workplace

Picture of attorney Damien ZumbrennenConsiderations under the Americans with Disabilities Act and Colorado law.

The federal Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination on the basis of disability.  Colorado has promulgated analogous state laws.  One way that these laws provide assistance to persons with disabilities is by providing the right to be accompanied by a service animal in government buildings, on public transportation, in places of public accommodation and, as relevant here, in places of employment.  The ADA and analogous state laws provide a plethora of special rules governing the use of service animals.

So, how do you know when a “service animal” is entitled to enter the workplace?  And how can you verify the status of a purported service animal when the need arises?

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