Aspen neighbors spar over condo expansion | AspenTimes.com

Aspen neighbors spar over condo expansion

Andre SalvailThe Aspen TimesAspen, CO Colorado

ASPEN – A part-time Aspen couple is suing neighbors over a condominium-unit expansion, saying the project and the addition of another floor interferes with their solitude and will obstruct their views of Aspen Mountain.Through their attorneys at Garfield & Hecht P.C., Nancy and Richard Rogers of 803 E. Hyman Ave. filed the suit against Mona Long and Kim Raymond, residents of different units of the Original Street Condominiums. According to the suit filed on May 3, Long owns the unit undergoing a 989-square-foot remodel, including a new floor on top of the building; while Raymond owns another unit and is president of the condo association.The suit states that Raymond issued a letter to the city of Aspen that purports to approve the remodel and expansion on behalf of the association. “No vote of the unit owners occurred and Raymond did not obtain the consent or approval of any unit members other than herself and Long prior to issuing the letter of approval for Long’s construction project,” the lawsuit says.Raymond also was the architect of record for Long’s building-permit application and had a personal financial interest in obtaining a permit from the city and having the project proceed, the suit states.Two other unit owners at Original Street Condominiums, collectively holding a 65.5 percent interest in the association, have since objected to Raymond’s letter and to the project, the lawsuit says. “Despite demand by the objectors, Raymond has failed and refused to retract the approval letter,” says the suit.The project also involves alterations and construction of common elements of the condo building, even though a majority of unit owners have not given permission for that aspect of the project either, the lawsuit states.The city is named as a co-defendant in the lawsuit. The plaintiffs are asking for the Aspen Building Department and city officials to enforce provisions of city code to invalidate the permit and put a halt to construction. “By issuing a building permit based upon the fraudulent letter from Raymond claiming to have authority to approve the construction project, the city was duped into violating its own code but has failed to correct such violation,” the lawsuit says.In addition, city code prohibits the development of any parcel of property unless it conforms with an approved subdivision plat. The code also states that only the City Council can amend a subdivision approval. “Moreover, because the project involves alteration of the boundaries of units and comment elements, any such application [for an amendment] would need to be signed by all affected property owners, including all those who own undivided interests in the common elements,” the suit states.The suit seeks unspecified damages, injunctive relief from the project and reimbursement for costs and legal fees.asalvail@aspentimes.com


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