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When does an "occurrence" occur?
- Sherman & Howard LLC
- -
- USA
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- April 29 2013
Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property
How to guarantee the HOA can't litigate condo construction defect claims
- Sherman & Howard LLC
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- USA
- -
- January 28 2013
Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is
Property owners have no indemnification or other liability-shifting rights against consultants whose advice results in ADA Title III violations
- Sherman & Howard LLC
- -
- USA
- -
- November 5 2012
Owners of "public accommodations" covered by Title III of the Americans with Disabilities Act, as well as public entities with facilities governed by Title II of the ADA, often rely on the advice of consultants for compliance with the ADA's accessibility requirements
Colorado wildfire: 10 recommendations for home owners and business owners
- Sherman & Howard LLC
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- USA
- -
- July 3 2012
The recent wild fires have been tragic for Colorado homeowners and business owners alike, leading to a loss of life, property and, in many cases, revenue
Lack of mortgage subordination fails to preserve conservation easement deduction
- Sherman & Howard LLC
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- USA
- -
- June 4 2012
In a case of first impression arising from the grant of a Colorado conservation easement, the U.S. Tax Court ruled on April 3, 2012, that the failure of the taxpayer to subordinate an underlying mortgage to the conservation easement until two years after the grant barred a charitable contribution deduction because at the time of the grant the conservation easement was not protected in perpetuity
Avoiding unintended consequences in titling your real property: the non-merger of prescriptive easements
- Sherman & Howard LLC
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- USA
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- April 12 2012
Illustrating the unintended consequences of failing to properly consider how title to real property is held, the recent Colorado Court of Appeals decision in Westpac Aspen Investments, LLC v. Residences at Little Nell Development, LLC, 10CA0363 (October 13, 2011), decided an issue of first impression under Colorado law
Arizona rental property registration laws for residential landlords
- Sherman & Howard LLC
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- USA
- -
- March 29 2012
If you own property in Arizona, then in February or March of this year, you should have received a 2013 Property Valuation Notice ("Notice of Valuation") from the County Assessor ("Assessor"
New accredited investor regulations adopted by the Securities and Exchange Commission to affect real estate syndications
- Sherman & Howard LLC
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- USA
- -
- February 28 2012
Raising the bar for real estate syndications that seek funding under the Securities and Exchange Commission's Regulation D, the SEC has adopted a new definition for individual accredited investors
Responsible governance policies for homeowner and condominium associations are a “must” for the new year: are your governing documents up to date?
- Sherman & Howard LLC
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- USA
- -
- January 19 2012
Continuing in its quest to promote the responsible governance of owners' associations, the Colorado Legislature has enacted requirements for most associations to adopt policies, procedures, and rules and regulations, concerning conflicts of interest involving board members. House Bill 11-112 4 became effective April 13, 2011
Internal Revenue Code Section 179D may provide financial benefit to governments
- Sherman & Howard LLC
- -
- USA
- -
- September 7 2011
In the Energy Policy Act of 2005, Congress enacted Section 179D of the Internal Revenue Code, which provides a deduction for the costs of installing certain energy efficient building systems in commercial buildings
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