Jun 04

RERA should be restricted within the easement

The CCIOA Act defines “Common Elements” as real estate explicitly owned or leased by an association. [Case law later expanded this definition to include any property which is commonly used within a community.]

“Common elements” means:(a) in a condominium or cooperative, all portions of the condominium or cooperative other than the units; and(b) in a planned community, any real estate within a planned community owned or leased by the association, other than a unit.
An easement is not real estate. It cannot be considered a “Common element” within the statutory definition.
As worded – the declaration suggests the road itself (true real estate) is to become a Common element – and thus RERA appears to seek title to real estate that it does not own.
The community must be sensitive to this because the CCOIA requires “Filing the declaration in the same manner as a deed”.
The only legal description in the “Declaration” encompasses the entire road association area, thus enclosing, possibly claiming, all of our properties.
Any filing that could ever be interpreted to assert a claim of ownership on our real estate would soil title of every landowner in the area. PERFECT clarity of the legal definition of any assigned “property” is essential in any such filing.
Note also that RERA does not, and can never meet the statutory requirements to be or ever become a CCIOA.
It was incorporated too late, 1988. § 38-33.3-301. Organization of unit owners’ association. A unit owners’ association shall be organized no later than the date the first unit in the common interest community is conveyed to a purchaser.
§ 38-33.3-201 (1) A common interest community may be created pursuant to this article only by *recording a declaration executed in the same manner as a deed and, in a cooperative, by **conveying the real estate subject to that declaration to the association.
*The language “recording a declaration executed in the same manner as a deed” appears to mandate a declaration of ownership of property to the Association.
Assigning a deed requires three elements, 1) an assignor, 2) an assignee, and 3) proper legal description of the property being assigned.
The only legal description within the “Declaration” describes several square miles of property belonging to 150+ landowners.
Only the 1) assignor, as signatory, is included declaration submitted for our review.
This is why I used the language “Blank Check” to describe “Declaration”. Neither the recipient, nor the amount(property) is described in the legal Declaration.
**If you were to argue we are a cooperative, which we are not, RERA was never conveyed any real estate.
Since the CCIOA would be invalid from it’s inception, so would any protections from liability from CCIOA would void. *******************
RERA does possess title to an easement for road maintenance.

Jul 03

Chipcrete Experiment

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A section of my 2000 square foot floor.

This experiment is in search of an affordable floor.  At 2000 sq/ft, a 4 inch thick floor is about 25 yards, 3  truckloads of concrete, about $3K in concrete, delivered.

A week rental on a concrete sander prices out at about $1000.

So – the hard DIY price on a sanded concrete floor is $4k.  Since I have a mountain full of dead wood – maybe I can find a cheaper solution… Read the rest of this entry »

Mar 19

3D Model – Sketchup Download

Hi All:

House-v28-34x76bI’ve had a lot of requests for our 3D model.  The model is very accurate and has been used as a working reference in every stage of the build so far.  The square footage is about 4500.  The greenhouse is about 900 sq ft, and 16,000 ft cubic foot.

If the budget holds, the final construction cost will be between $25 & $30 per square foot – which is the least expensive residential code compliant home built in Colorado in a good many years.

For the uninitiated you can download sketchup here.  It’s an excellent free program formerly from google, and now owned by a Boulder company.

Thursday March 20 is a site tour.  We’ll be arriving about noon.  If you want to check it out – just follow the directions above.  Here is a series of views exported from the model.

 

Dec 02

A Big Gl ass Wall

Hi All:

We’ve been way busy getting to dry in.  All have done a super job.  We have a hard windy day ahead with cold weather on heel.  So pardon the terse.

Nov 05

First Electrical Inspection

This video shows how to install wiring in a flat roof that has no crawl space.  There are a few requirements:

  1. Don’t staple on edge or damage wire
  2. No sharp bends, corners less than 5x wire diameter
  3. Tacks every 4.5 feet or less
  4. Put the wire where you won’t put a screw through it

Sep 02

Awesome Bread !

Check out this loaf of bread brought up by the Bensteins !

Good Eatin’ !

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Sep 02

Making News

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Me kissin’ Linda standing on the pile of lumber we cut for the house.

Monday morning we awoke to our picture on top half of the front page of the newspaper.

Who ever thought me smoochin’ on Linda would be newsworthy – let alone front page material. You can check out the article at the Fort Collins Coloradoan.

The build is proceeding very well.  We’re on the move…

FirstFrame

Aug 13

Adapt & Prevail

Attention dumpster divers – we ran out of cardboard again. We’ve drained the Harbor Freight dumpster three times now along with the VFW in Laporte. Anyway – this time we put the sawmill on sliver mode and got it done.

Adapt and Overcome

Adapt and Overcome


Aug 03

Free Lifetime A/C – $40

FirstFrameWe’ve just they french-drain & vent/cooling tubes.  These tubes bring geo-thermally cooled fresh air to the back of the house.  Read the rest of this entry »

Jul 30

Swingin’ in the Rain !

Tanner & the Sledge

Tanner & the Sledge

Over the past couple of weeks – we’ve got awesome progress. This video segment shows extreme Technologies – Watch a 7 year old swing a sledge hammer while a 27 year old resorts to power tools.
Both are AWESOME !
Many thanks to the volunteers for helping us turn a pile of tires and dirt into our new home.
TirePounding-v1

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