Legal Ideas & Information - FJGG Newsletter - February 2019


Legal Ideas & Information - February 2019
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Highlights of the 2019 Update:

  • Edits to conform addenda & clauses to the revised 2019 CBS.
  • Language to revive a previously terminated CBS with an Amend/Extend.
  • Clauses to coordinate the new Personal Property Agreement with the CBS.
  • An additional provision addressing the nuances of leased items like solar panels and security systems.
  • A clause addressing some nuances of Airbnb and VRBO like properties.

Picture of attorney Zac GreyThe restrictive covenant on my property that says ‘no oil/gas drilling allowed’ means no one can develop the minerals under my property, right?
Not exactly. Buyers of Colorado real estate often mistakenly rest easy knowing their property is subject to a restrictive covenant disallowing oil and gas development (referred to herein as a ‘no oil covenant’). As with most oil and gas matters, it’s not that simple. The individual or entity that signed the restrictive covenant, known as the ‘Declarant,’ must have owned the mineral rights at the time of execution. Even still, a properly drafted ‘no oil covenant’ prohibits oil and gas operations on the surface of the restricted property, but most likely will not obstruct an oil and gas company that desires to drill horizontally beneath the surface of the restricted property.

FJGG Now Offering Mediation Services
By Britney Beall-Eder
Picture of attorney Zac Grey

In addition to offering our clients assistance with multiple areas of law and legal services, our firm is now also offering mediation services for various types of disputes.
Mediation is a process used to resolve a myriad of conflicts within a variety of settings.  Mediation is a confidential process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. While mediation does not result in the mediator making a decision regarding which party’s position is legally or morally correct, with the parties’ cooperation, mediation can result in a compromise whereby the parties may avoid costly litigation.  At a minimum, even if the parties participating in mediation are unable to resolve their disputes and reach a mutually satisfactory agreement, the parties will in almost cases learn valuable information about the issues in dispute, which will hopefully help facilitate a resolution to the parties’ issues at a later date.    


Picture of attorney Gregg Greenstein
How Do You Get Married in Colorado? There are two ways in Colorado to be married: common law marriage and by obtaining a marriage license certificate. Same sex couples or heterosexual couples can be married by license or they can be common law married. Common law marriage is an often misunderstood concept. Usually, a dispute about whether or not two people were common law married to each other arises: (1) when someone wants to end or alter the relationship by divorce, legal separation, or annulment; (2) when someone wants to end the relationship and just simply move on; and (3) when someone dies and there is a dispute about who should inherit money and assets, and who should serve as the personal representative of the deceased person’s estate.

How Does a Common Law Marriage Start?


No Oil Development Restrictive Covenant

FJGG Now Offering Mediation Services

Common Law Marriage in Colorado

The Correct Meaning of “At-Will Employment” and “Wrongful Discharge”

HOA Liens Are Not Spurious

Picture of attorney Damien Zumbrennen

In Colorado, the “at will” employment doctrine means that – as a general rule – an employer may terminate a worker’s employment for any reason or no reason at all without facing any liability to the employee. While this may seem harsh, the at will employment doctrine is a coin with two sides. Just as an employer may terminate an employee on a whim, an employee may also quit at any time for any reason or no reason at all and they may do so on a moment’s notice. Although an employee’s decision to provide “two weeks’ notice” may be customary, absent more, an employee need not provide any notice whatsoever prior to quitting. Thus, an employee is free to quit on a whim, just as an employer may fire the employee without any notice or meaningful justification, all without any legal liability arising. An employer will face no legal liability to the employee simply because the employee feels “wronged” in connection with the termination. Instead, an employer’s liability to the employee will only arise if the termination violates any of the pertinent statutes.


Picture of attorney Jesse Witt

The Colorado Court of Appeals has ruled that a homeowner association lien is not spurious, despite a property owner’s claim that its land was never annexed properly.

The case involved a long-running dispute between parties in the Stroh Ranch community in Parker, Colorado. In 1999, the project’s developer had approved a former owner’s application to annex additional real estate to the community, and the owner then recorded the annexation form with the county clerk. Several years later, the developer bought the real estate back through a foreclosure sale. The developer refused to pay maintenance assessments to the association, however, because the developer believed that the association provided no meaningful services. The association disagreed and recorded a notice of an assessment lien under both its declaration of covenants and a statutory provision of the Colorado Common Interest Ownership Act (CCIOA).


Meet The Attorneys

Picture of attorney Jesse Wott

Mr. Witt received his Juris Doctor from the University of Denver College of Law in 2001.  His practice focuses in the areas of construction defects, construction claims, real estate, intellectual property litigation, association law, and insurance bad faith. He also serves as a mediator for civil disputes and arbitrator for construction warranty matters.

Jesse's Profile

Picture of attorney Phillip Khalife

Mr. Khalife received his Juris Doctor form the University of Denver Sturm College of Law in 2013. His practice focuses in the areas of real estate, litigation, association law, property damage and insurance bad faith. He represents buyers, sellers, real estate brokers, builders, commercial and residential landlords and homeowners associations in a variety of transactions and litigation.

Phil's Profile

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Copyright © 2019 Frascona, Joiner, Goodman and Greenstein, P.C., All rights reserved.
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