OBP News

Backyard Chickens: Complying with Municipal Requirements for Suburban Poultry

By: Lia Szasz- Published in the BizWest Thought Leaders column in January 2019

In recent years, growing popularity for keeping chickens in urban and suburban areas has caused many municipalities to adopt ordinances governing backyard chicken operations. While homegrown eggs delight many, the noise and smell of poultry can be a nuisance to nearby neighbors.

Did you know that many municipalities in Colorado require a permit or license for a resident to keep chickens in their backyard? Without one, you could be subject to fines and other penalties. Some municipalities don’t allow backyard chickens at all.

In Greeley, a resident must have a minimum lot size to have chickens, and many residential lots do not meet this requirement. Fort Collins, however, allows up to eight chickens on lots smaller than ½ an acre, but requires the Humane Society to issue a permit before the resident can have any chickens. Fort Collins does not allow roosters, which likely makes those who like to sleep in on the weekends grateful. The City of Loveland has much less restrictive requirements, does not limit the number of chickens a resident can own, and does not require a permit or license. Windsor allows up to six hens per lot, requires that the chicken coop be at the back of the lot, and requires chickens to be locked in the coop from dusk to dawn.

The differences in chicken ordinances vary greatly in Weld and Larimer Counties. Before starting a backyard chicken operation, check with your local municipality to make sure you comply with all ordinances concerning poultry. Most towns and cities have their code available online. If you live in a neighborhood, you should also check the county property records to see if there are any restrictive covenants concerning chickens. By properly consulting your municipality, you’ll make sure your backyard chicken operation is positively egg-cellent.

 

Jennifer Lynn Peters Has Been Nominated and Accepted as 2018 AIOLC’s 10 Best Elder Law Attorneys in Colorado For Client Satisfaction

 

PRESS RELEASE

Jennifer Lynn Peters Has Been Nominated and Accepted as 2018 AIOLC’s 10 Best Elder Law Attorneys in Colorado For Client Satisfaction

The American Institute Of Legal Counsel has recognized the exceptional performance of Colorado’s Attorney Jennifer Lynn Peters as 2018 10 Best Elder Law Attorney for Client Satisfaction.

The American Institute Of Legal Counsel is a third-party attorney rating organization that publishes an annual list of the Top 10 Elder Law Attorney in each state. Attorneys who are selected to the “10 Best” list must pass AIOLC’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOLC’s independent evaluation. AIOLC’s annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOLC places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Elder Law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.

We congratulate Jennifer Lynn Peters on this achievement and we are honored to have her as a 2018 AIOLC Member.

You can contact Jennifer Lynn Peters directly at: jpeters@nocoattorneys.com or 970-330-6700.

The Use of Buy-Sell Agreements in Succession Planning

By: Corey Moore – Published in the BizWest Thought Leaders column in October 2018

If you are a business owner, do you know what will happen to your business in the event you pass away or become permanently disabled? Every business has its own complexities, but let’s say, for example, ownership is divided equally between you and a business partner. If you pass away without a plan in place, how well would the business run if your dependents suddenly became partners with the authority to make important decisions? On another note, what would happen if your child who has been working in the business suddenly becomes partners with siblings that have no knowledge of daily operations? Without a proper plan for the succession of your business, conflict is a real possibility. In some situations, these conflicts can be easily resolved. However, in other circumstances it can result in costly litigation and the deterioration of family relationships. One option to avoid these conflicts is to incorporate a buy-sell agreement into your business as well as your overall estate plan.

A buy-sell agreement can provide a clear path for the succession of a business should certain events occur such as death or permanent disability. The benefits of a buy-sell do not only benefit those retaining the business but can also provide necessary liquidity for your loved ones. By using a buy-sell agreement you can ensure the continuation of the business you toiled over for years while avoiding the conflict that so often arises upon someone’s death.

Otis, Bedingfield & Peters, LLC attorney Brandy Natalzia was awarded a certificate of completion of the Commercial Real Estate Women (CREW) Leadership Program

Otis, Bedingfield & Peters, LLC is proud to announce that attorney Brandy Natalzia was awarded a certificate of completion of the Commercial Real Estate Women (CREW) Leadership Program, which featured year-long specialized leadership development, industry training, and mentorship. The Course consisted of leadership classes led by expert instructors in the commercial real estate industry that taught leading principles in leadership, organizational management, and negotiations.

“I am thrilled to be a part of such a wonderful organization,” said Brandy Natalzia. “CREW’s focus on core values such as leadership and community are very important to me. I’m looking forward to helping our organization thrive in 2018.”

Founded in 1989, CREW Network is the industry’s premier business networking organization transforming the commercial real estate industry by advancing women globally. With more than 11,000 members globally, CREW Network members represent all of the disciplines and parties involved in a commercial real estate transaction, ensuring connections to qualified professionals to complete the deal. The vision of CREW is to achieve parity in opportunity, influence and power in the commercial real estate industry. For more information about CREW Northern Colorado, please visit www.crewnortherncolorado.com.

Amendment 74

By: Tim Brynteson- Published in the BizWest Thought Leaders column on November 29th, 2018

It may seem like common-sense that the Government is required to compensate land owners when it “takes” or “damages” private property. In fact, this has been part of both State and Federal law since 1787 and 1876 when both the U.S. and Colorado Constitutions required that the government must provide “just compensation” whenever it took private property for public use.  So what is the proposed by Amendment 74 changing in the Colorado Constitution? How will the law be different?   Amendment 74 changes the State Constitution by adding the requirement that the Government compensate property owners not only when it “takes” or “damages” private property, but when Government action may have affected the property by “. . . reduc[ing] in fair market value by government law or regulation . . . “.

Historically, the Courts have generally ruled that regulations or laws restricting the use of property to further legitimate public ends is not a “taking” of property requiring compensation (there are exceptions).   It has long been considered an appropriate and traditional use of the police power of a government to do what is necessary to promote and protect public health, safety and welfare by regulating land use and zoning.   State Supreme Courts have largely followed this precedent.  Amendment 74 changes the current law in Colorado by specifically requiring governments to pay property owners if their land is arguably diminished in value by a zoning change or regulatory change. An example is if you live next door to a small apartment building – two stories with 8 units. The city passes an ordinance to limit the height restrictions to 3 stories, but the owner had wanted to build a 10-story apartment building.   The owner could sue the city alleging the new ordinance reduced the value of his property.   Conversely, if the City passed an ordinance allowing 10 stories apartment buildings anywhere, you could sue alleging that by allowing construction of a 10-story building next to your house diminished your value.  I hope this helps illuminate what might happen in the event Amendment 74 passes.

Simplest Estate Planning

By: Jeff Bedingfield – Published in the BizWest Thought Leaders column on September 27th, 2018

Have you ever wondered if there is a simple way to pass assets at death? Maybe for that elderly parent with few remaining assets? Well, there is. It certainly isn’t appropriate for all, but it can work well in the right situation.

First, assets that name beneficiaries (IRA’s, life insurance, annuities, etc.) avoid complexity at death because a will or trust has no effect on them. They are contracts that dictate who will receive the benefits when the owner dies regardless of what a will or trust provides.

Second, the way assets are titled can also simplify matters at death. Couples can title their residence as joint tenants with right of survivorship (not as tenants in common). When a joint tenant dies, the property automatically becomes the property of the survivor and only the recording of a death certificate is required to accomplish that.

Or, a single person, may sign and record a beneficiary deed that designates who gets the residence when the owner dies. Again, only the recording of a death certificate is required. What’s more, the owner can revoke or change the designated beneficiary at any time before death.

Bank accounts and brokerage accounts can be simplified as well. Again, for a couple, a joint account will automatically transfer to the other spouse when one dies. With a single individual, the account can be made a “transfer on death” account. When the account owner dies, the individual(s) named as beneficiary receive the cash, stock or bonds in the account.

None of the methods described in this article requires that a person have a will and all methods allow the assets to without probate proceedings.

These methods are not for everyone, but can be very effective if done thoughtfully and with the advice of professionals.

Jennifer Peters Featured in BizWest

Each month BizWest invites a business leader to reflect on the issues affecting his or her industry. This month, BizWest asked Jennifer Peters to discuss issues facing her firm and the professional role she plays in the community.

To read the article click on the following link:

Transfer on Death Provisions

By: Brandy Natalzia- Published in the BizWest Thought Leader column in June 2018

What happens to a member’s membership interest in a limited liability company (LLC) upon his death? Generally, a death should be treated as nothing more than a transfer of interests between the deceased member and the person who is that member’s rightful heir. But what about any restrictions on transfer spelled out in the Operating Agreement? There is case law that holds that the express language in contracts (here, the Operating Agreement) addressing the disposition of the membership interest trumps contrary language in a testamentary instrument, such as a will or trust.

And what if the LLC is a single-member LLC and that sole member dies? When the decedent operates a viable business in a single-member LLC, significant value can be lost to the estate if the LLC is dissolved upon the death of the member. If there is no provision within the single-member LLC’s Operating Agreement for the transfer of ownership to someone else, the LLC can become an asset of the decedent’s estate. As such, it may encounter tax and probate problems. The LLC may be divided among family members, dissolved, or even sold off to people the decedent did not choose.

Consider the use of and effect of a Transfer on Death (TOD) registration of the LLC interest under the Uniform TOD Security Registration Act. Arguably, this can be used to name a TOD beneficiary of the LLC interest within the Operating Agreement. Although the TOD designation may be a powerful estate planning tool for the members, it may be difficult procedurally for the remaining members when a member passes away. It is important for the members to discuss whether they want to allow TOD designations when the Operating Agreement is being drafted and then to work with an experienced business lawyer who can help ensure that any TOD designations for the membership interests are recognized.