BUCKINGHAM PREVAILS IN ARBITRATION ON CLAIMED COVENANT VIOLATIONS
Following a three-day arbitration, an Eagle County owners’ association represented by Miles Buckingham of Nemirow Perez P.C. prevailed on all claims brought by the claimants. The action was brought by the owners of two units in the community who claimed that the association had breached the duties it owed to the claimants and other owners in the community regarding the community’s garage, as well as covenant and code enforcement. One claim was resolved mid-proceeding through terms quite favorable to the respondent association. Following the entry of the interim award, claimants paid all attorney fees and costs incurred by the association.
PEREZ PREVAILS IN TRIAL; FEES AND COSTS ORDERED PAID TO DEFENSE
In October 2021 Kevin Perez obtained a defense verdict for his owners’ association client following a trial to the Court. The plaintiffs challenged the association’s ability to regulate, and the manner by which it regulated, amenities owned by the association in response to the on-going pandemic. The Court sided with Mr. Perez’s client, and ruled against the claimants from the bench.
DEFENSE VERDICT FOR ATTORNEYS HINTLIAN AND BUCKINGHAM
In March 2021, a Larimer County Owners’ Association which was defended in trial by Nemirow Perez attorneys Rae Hintlian and Miles Buckingham prevailed over the claims of Plaintiffs. The suit, which named the neighbors of the Plaintiffs, and the HOA, alleged violations of the community’s governing documents when the Association allowed the neighbor-defendants to put in improvements on their lot. At trial, which was conducted entirely by video due to the on-going pandemic, Hintlian demonstrated that the Association’s manager, architectural control committee, and Board all acted appropriately, and consistent with the duties owed. After judgment entered in favor of the Association, Nemirow Perez was able to obtain an award of fees and costs against the Plaintiffs.
NEMIROW OBTAINS SUMMARY JUDGMENT AGAINST ALL CLAIMS
In February 2021, an Arapahoe County District Court Judge granted the Motion for Summary Judgment submitted by Ronald Nemirow, leading to the ultimate dismissal of all claims by the Plaintiffs as a part of a walk-away resolution. The lawsuit involved claims and complaints by two separate owners regarding the manner by which their owners’ association tracked, managed, and audited its finances. Incorporating aspects of both the Colorado Nonprofit Act, and the Colorado Common Interest Ownership Act, as well as the governing documents for the community, itself, Nemirow showed that none of the harms claimed by the Plaintiff parties actually “belonged” to them (to the extent that such harms existed at all), and demonstrated that there had been a failure on the part of the claimants to meet the requirements of the law prior to bringing their actions. The Court agreed with Nemirow’s positions and entered summary judgment in favor of the client of the Nemirow Perez firm.
OWNERS’ ASSOCIATION PREVAILS AT TRIAL OVER CLAIMS OF PLAINTIFFS
In August 2020, under strict COVID-19 precautions, Nemirow Perez President Miles Buckingham obtained a defense verdict for his HOA client after a three-day trial to the Court. In the suit, two homeowners alleged that the community impermissibly favored their neighbor’s improvements to that property and harmed the Plaintiffs’ privacy, views, and property values. After a contentious trial with numerous witnesses, experts, and arguments over little-known provisions of the Colorado Common Interest Ownership Act, the Douglas County District Court found against the Plaintiffs and in favor of the Nemirow Perez client on all counts. The Defendant Association will be seeking all of its attorney fees and costs from the Plaintiffs.
BUCKINGHAM WINS CASE ON SUMMARY JUDGMENT – JUDGMENT AFFIRMED ON APPEAL
In March 2020, a Denver District Court awarded the defendant-clients of Miles Buckingham and Ron Nemirow more than $80,000.00 in fees and costs against the Plaintiffs. The award came after the attorneys of Nemirow Perez prevailed through summary judgment in a hard-fought and complex homeowners association lawsuit. The case, which addressed technical legal issues associated with the Colorado Common Interest Ownership Act (CCIOA), and the community’s governing documents, was closed in favor of the defense after the Court accepted the arguments of Buckingham about the applicability of Colorado’s HOA laws. The matter is currently on appeal.
COURT GRANTS BUCKINGHAM AND PEREZ MOTION FOR SUMMARY JUDGMENT
In March, 2019, the Arapahoe County District Court struck all claims asserted by three plaintiffs who were suing their homeowners’ association. The lawsuit, which made nine claims across the plaintiffs’ 62-page complaint, was struck by the Trial Court which granted one of the four dispositive motions filed by Buckingham and Perez against the suit and the claims in it. The Court found that the plaintiffs had not complied with the obligations of the community’s binding alternative dispute resolution policy. The Court then entered judgment against claims alleging breach of fiduciary duties, defamation, conspiracy, and more. While plaintiffs initially appealed to the Colorado Court of Appeals, they voluntarily dismissed that proceeding after Buckingham challenged their right to proceed. At the time of this posting, all that remains in the action is a determination of how much of the attorney fees and costs the plaintiffs will be obliged to pay to the clients of Nemirow Perez P.C. for bringing their suit.
BUCKINGHAM OBTAINS DISMISSAL IN CASE AGAINST COMMUNITY ASSOCIATION MANAGER
A community association manager (“CAM”) who was the subject of an investigation initiated by the Director of the State’s CAM program was cleared, and the matter brought against the manager’s license was dismissed without action, stipulation, or compromise agreement. Miles Buckingham of Nemirow Perez represented the manager who was targeted for disciplinary action based on an interpretation of the laws and regulations governing managers which, Buckingham and his client argued, exceeded the legal authority of the State. Because the laws and regulations governing Community Association Managers are relatively new, it is important that managers who are subject to an investigation, a request for information, or disciplinary proceedings, have counsel who is familiar with what the law and the regulations allow and do not allow.
PEREZ AND BROWN OBTAIN DISMISSAL OF LEGAL MALPRACTICE CASE
On February 9, 2017, judgment entered in favor of a Denver attorney, represented by Kevin P. Perez and Christopher P. Brown, based on a motion to dismiss prepared by attorneys Perez and Brown filed in Denver District Court. The Plaintiffs claimed more than $10 million in damages. But the Denver District Court agreed with the Defendant that Plaintiffs’ claims were barred by the doctrine of issue preclusion. The judgment resulted in the complete dismissal of all claims against the lawyer.
COURT OF APPEALS AFFIRMS JUDGMENT IN FAVOR OF HOA CLIENTS
In October 2016, the Colorado Court of Appeals affirmed the entry of summary judgment against all claims of the Plaintiff by an Adams County District Court Judge. Miles Buckingham and Chris Brown of Nemirow Perez P.C. represented the prevailing defendant/appellees in the case. In the unpublished opinion, the Court of Appeals found that the claims against a community association, that association’s management company, and the individual manager for the association, were appropriately defeated by an order of summary judgment. The Plaintiff, the panel of three appellate judges found, was unable to make the requisite showing that his claims were based in fact after Buckingham’s clients showed in their motion for summary judgment that there were no material facts in dispute which would allow the Plaintiff’s claims to proceed or prevail. The attorneys of Nemirow Perez P.C. are available to help you and your Colorado or Tennessee community association, community managers in the contentious, and sometimes complicated disputes which arise out of homeowners association laws.