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The Law Frog on KILO 94.3 – January, 2023

On the third Wednesday of every month, David McDivitt joins KILO 94.3 to answer legal questions from callers in Southern Colorado. Being a part of the morning show on KILO 94.3 is a dream come true for David, who had always aspired to be a rock star. David’s talents lead to him practicing law over practicing sick guitar rifts, but this lets him help people in need AND rock out with other music fans. Tune in from 8am-9am to hear some of the fascinating legal situations David addresses. If you have any questions of your own be sure to call in: 719-633-KILO or submit a question here.

January 18, 2023

Legal Questions Covered This Week

2:05- I was a victim of a major theft. I took my car in for maintenance work and the mechanic stole my money, parts, and the motor from my car, along with the motors, parts, and money from all of his other customers. I believe 13 people were affected in this case. A warrant for his arrest has been drafted. He fled the state to Iowa. Now it’s up to the district attorney to decide if they want to extradite him back to Colorado. All said and done I lost $16,000 not including the $7,000 I spent afterwards to put a motor back in my car and get it driving again. My question is, should I file a small claims lawsuit against him? Is it even worth it at this point? What should I do? Ultimately, I want my money back. To me it just doesn’t seem fair that he can do something like this and essentially get away with it. His bail is posted at $10,000 and personally it makes no difference to me if he serves jail time. Justice to me looks like me getting my money back and him having to pay it back for however long it takes. Any advice would be greatly appreciated.

13:00- I Purchased and paid for Used as is RV recently from a dealer. Noticed issues with Vibrations when we test drove. We did not take delivery. They are to fix the problem. We have this in writing. If they do not fix this issue to our standards/ safety, can we get our money back?

20:55- I have rented the same apartment for going on 2 years, but the owner hired a property management company about a year in. I refused to sign their lease, so the owner let me stay on a month-to-month basis, under the original lease agreement.
The management company is now trying to charge me daily late fees for the first time. Am I legally required to pay these fees, and can I sue them for causing me so much stress that I am sick?

22:55- I want to gift my guns to a close friend in the event of my death. Is this legal and allowable?

30:55- I live in a HOA that has an Architectural Review Committee that approves or denies home improvements on the property. I am building a storage shed in my backyard that has a foot print of 160sq ft. and a roof height of 16′ 8″. They have rejected my design, because my shed is not a “garden shed.” My shed is intended to be used for storage and does not meet the criteria of garden shed, because I do not garden.

Is this legal for a HOA board to interrupt the design guidelines the way the want to? They have yet approved a meeting with me, I requested a mediation and hearings to discuss this. They have denied meetings. I work in the construction field and have contacted experts with sheds they agree as well that a Garden Shed is not the same as a Storage Shed. Yes, there are numerous of sheds throughout the community that exceed the 8′ Roof height.

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