News
Colorado’s New COVID-19 Moratorium and Evictions By Macklin Henderson, Garfield & Hecht
Over the past few months, Governor Jared Polis signed a number of executive orders intended to protect tenants renting residential property in Colorado from the adverse impacts of COVID-19. Until recently, the executive orders did not prohibit evictions. Instead, they...
Colorado Legislature Adopts Restrictions on Debt Collection Practices in Response to COVID-19
In response to COVID-19, many state and local governments and the judiciary have taken various actions to limit the financial impact of the pandemic on consumers and businesses, including moratoriums on evictions and foreclosures, suspension of payment of sales tax...
HOAs and the ADA by Tracy Kinsella, Garfield & Hecht
Does your HOA have a rental office? Does your HOA allow members of the general public to use or rent common areas such as party rooms, clubhouse or a pool area? Are any common areas used a polling place during an election? Is there an HOA walking path which the HOA...
Division of Water Resources – Decennial Abandonment Lists by Mary Elizabeth Geiger, Garfield & Hecht
Water rights are an important property right and are part of an ever-changing landscape. This year, 2020, is an important year for protecting water rights as it is a year that the State of Colorado Division of Water Resources (“DWR”) publishes its decennial...
COVID-19 and Restrictions on Places of Worship
The COVID-19 pandemic has upended nearly every aspect of daily life across Colorado and the United States, including attending religious services. Such restrictions raise an important constitutional question: May a state place restrictions on religious services...
COVID 19 and Common-Law Marriages in Colorado By: Leah M. Gallant, Garfield & Hecht
The COVID 19 pandemic and its related social distancing and avoiding large gatherings means that some couples may be interested in consummating a marriage without waiting for the usual formalities of a marriage license and a ceremony. Current prohibitions against...
Colorado Provides Opportunity To Enhance Stream Flows
Colorado recently strengthened its instream flow program with the passage of House Bill 20-1037. Colorado’s instream flow program began in 1973 when the General Assembly authorized the Colorado Water Conservation Board (CWCB) to appropriate “instream flows” – defined...
Garfield & Hecht Land Use Appellate Lawyers Protect Valuable Floor Area Development Rights
The Land Use Codes of both the City of Aspen and Pitkin County limit the amount of developable floor area of a house under the floor area ratio (“FAR”) calculations applicable to lots in different zone districts. Depending on the size and location of a particular lot,...
Does the Insurer’s Duty to Defend Extend to an Award of Attorneys’ Fees Under a Fee Shifting Provision When the Insured is the Non-Prevailing Party?
In construction defect actions and construction contract fee disputes, the general contract between the general contractor and the owner and the subcontracts between the general contractor and its subcontractors often contain fee shifting provisions which provide that...
Homeowners Associations and Their Managers Activities During COVID-19 Pandemic
By Tracy Kinsella, Garfield & Hecht, P.C. Avon, Colorado As the world responds to the COVID-19 virus, businesses are left to determine the meaning of terms such as “critical businesses”, “essential services” and “minimum basic operations.” It can be confusing to...
