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Originally Posted by TakeFive
I'm sure that bunt can explain how much harder it is to sue with townhomes than condo's though. Plus the "reward" in suing small projects is minimal for lawyers looking for a bigger payday. Still it hints at some ability to foster quality construction and reasonable consumer protection too. In fact I thought last years proposed legislation could do just that.
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It's not about the size of the project, it's about the presence of an association. The association enables you to sue on behalf of all owners, whether they want to join or not, basically. More people means more money.
Most folks don't realize that "condominium" is itself a legal term. To "condominiumize" is the mechanism for breaking up ownership between multiple parties on a single piece of ground. Townhomes work because they each have their own piece of real estate. There are any number of (all imperfect) ways to deal with common spaces in these projects without having an association - most by creative contracting. I jokingly call them hippy contracts - shared responsibility for maintenance costs, etc. - but they're actually scarier than that, as most give each owner the right to levy costs on their neighbors for maintenance costs when that person individually determines, for example, it's time to replace the shared drive on the alley (with no voting mechanism generally - that would be an association, after all). Expect a wave of legal disputes among neighbors arising out of this generation of association-free townhome projects in a few years. But that's not the developer's problem, so projects can get done.
Anyways, back to the point, under Colorado law at present, the only way to truly condominiumize and deal with "vertical" common spaces is with a statutory condominium association (also the vehicle for defects lawsuits). I toyed with ways to condominiumize without an association - looked at three dimensional party wall agreements - workable on a very small project but not scalable - also the formation of a special purpose entity to undertake the association's duties publicly. Nothing really worked.