Hearn & Fleener, Construction Attorneys
● Condos & Townhomes.

Condos &
Townhomes.

Clear answers for owners and boards.

Request a Free Inspection Our Process
Illustration of Colorado townhome rows and a condo building with a pool courtyard, with downtown Denver and the Rocky Mountains behind
Recognized by Best Lawyers.For owners and boards, clear answers matter most.
For Communities.

Clear Answers.
Shared Decisions.

In a condo or townhome community, one builder’s mistake can affect dozens of units at once. We help owners and boards understand the problem, who’s responsible, and what to do next.

40+

Years of focus.

Four decades spent on one thing: how buildings are built, and how they fail.

65%

Owner approval to file.

Colorado law requires owner approval before an association files a claim. We help you through it.

$450M+

Recovered for clients.

Won for Colorado homeowners, HOAs and property owners across the state.

$0

To find out.

Our Four-Step Process is free, with no obligation afterward.

Colorado Law.

Why Defects Spread
in Shared Buildings.

Shared roofs, walls and foundations mean one defect rarely stays in one unit. These are the numbers every owner and board should know.

00165%

Owner approval to file.

Colorado requires at least 65% owner approval before an association can file a claim.

00275

Days of notice.

Builders get 75 days’ written notice under Colorado law before a residential claim is filed.

0032

Years to act after discovery.

Colorado’s limit generally runs two years from when a defect is discovered.

004$0

To find out.

Our Four-Step Process is free, with no obligation afterward.

Clay miniature of a hilly neighborhood globe
Your Role.

What owners and boards can do.

Water and movement travel through shared structures. Owners and the board each have a part to play, from reporting problems to the owner vote. Hover one to learn more. Request a Free Inspection Owner & Board Steps.
Report IssuesReport IssuesOwners should photograph damage and report it to the association right away.
Get Advice EarlyGet Advice EarlyBring in qualified legal and expert guidance before problems grow.
Win Owner ApprovalWin Owner ApprovalAt least 65% owner approval is needed before the association can file.
Track PatternsTrack PatternsBoards should log similar problems showing up across units or buildings.
Notify Every OwnerNotify Every OwnerColorado requires written notice to all owners before a claim is filed.
Watch the DeadlinesWatch the DeadlinesColorado’s limits generally run two years from discovery, so timing matters.
Know Who Maintains WhatKnow Who Maintains WhatYour declaration explains which repairs belong to owners and which to the association.
Hold a MeetingHold a MeetingOwners are invited to hear the facts and ask questions before any vote.
Take ActionTake ActionLook to the builder, not owners, to pay for problems it caused. Call (303) 993-6835.

What Happens If
You File a Claim.

What’s required in Colorado.

Filing a claim as an association.

It starts with our free Four-Step Process, which gives your board the facts before any decision is made. If the association wants to pursue a claim, Colorado law adds a few steps for communities like yours.

See Our Four-Step Process
Step 01

Four-step process.

We investigate units and common elements and give your board a clear, plain-language report.

Step 02

Notify owners.

The board notifies all unit owners and the builder or developer.

Step 03

Community meeting.

The board and the builder each present the facts. The builder may offer to fix the problems.

Step 04

Owner vote.

At least 65% of all unit owners, not just the board, must approve the claim.

Step 05

File the claim.

With owner approval, the claim moves forward, and we guide you through each stage from there.

FAQsAnswers to Your Questions

Questions owners and boards ask.

Pick a topic. Plain answers to the questions we hear most.

How do we know if a problem in our building is a construction defect?

Not every repair means something was built wrong. Signs that point to a defect include the same repair coming back, similar problems in several units or buildings, water moving between units, or major issues in the first several years. Our free inspection looks at both units and common elements to find out.

Is a leak in my unit my problem or the association's?

It depends on where the problem starts. Your community's declaration spells out which parts of the building each owner maintains and which parts the association maintains. Leaks often start in common elements, like roofs, siding, or balconies, and show up inside a unit. Report it to your board or property manager, and we can help sort out responsibility.

Our community is a few years old. Is it too late to do anything?

Maybe not, but timing matters. Colorado generally gives you two years from when a defect is discovered to file a claim. It also sets a final cutoff, usually six years after construction was finished, with a possible extension to eight years for problems found late in that window. For communities built in phases, the dates can be different for each phase, so it's worth asking us early.

Other Property Types.

View the Properties
We Represent.

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HOAs.

Homeowner associations.

Turn the dial, or tap a property type

Let’s Talk About
Your Property.

Free and confidential. Colorado sets deadlines for these claims, so the sooner you reach out, the more options you’ll have.

Sending this form doesn’t create an attorney-client relationship.