Colorado’s new right-of-access statute may help address one of the unintended consequences of individually owned townhome developments, but it does not solve every problem associated with repairing interconnected building systems.
The Problem: Six Homes, One Building Envelope
Consider a hypothetical six-unit townhome building in Colorado. Each residence is individually owned. There is no homeowners association responsible for maintaining the building’s exterior, no commonly owned building envelope, and no association empowered to pursue construction defect claims on behalf of all six homeowners. Instead, the development relies on individual ownership, recorded easements, and party wall agreements to govern relationships among neighboring owners.
Although the residences are separately owned, they share a continuous exterior stucco system, including interconnected flashing, waterproofing, and architectural transitions.
One homeowner discovers water intrusion and retains an expert who identifies defects in the stucco installation. The expert recommends removing and replacing the stucco on the homeowner’s residence. However, because the exterior cladding and waterproofing systems are interconnected, the proposed repair may require work extending beyond the boundaries of that homeowner’s property.
Mr. McLain may be contacted at mclain@hhmrlaw.com