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 – ALL FEES AWARDED
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.
NEMIROW AND BROWN OBTAIN DIRECTED VERDICT IN LEGAL MALPRACTICE ARBITRATION
On May 12, 2016 , four-days into an arbitration hearing, the Arbitrator presiding over the action dismissed a complicated legal malpractice case. Ron Nemirow and Chris Brown were defending the attorneys named in the suit. Plaintiff’s claims alleged that he was forced to settle a separate and underlying litigation for a loss, and to sell his businesses for less than it was worth, because of the claimed professional malpractice. Nearly $10,000,000 was sought in damages. The defendant attorneys, through their Nemirow Perez counsel, denied the claims, and took the matter to arbitration – a form of trial. Mr. Nemirow and Mr. Brown moved the presiding arbitrator to dismiss all claims at the conclusion of the Plaintiff’s case, and after Plaintiff’s witnesses were cross examined. The arbitrator granted the motion, and directed verdict in favor of Nemirow Perez’s clients. The attorneys of Nemirow Perez P.C. are litigation attorneys who provide strong representation to their clients all the way through trial.
NEMIROW AND MILLER WIN SUMMARY JUDGMENT FOR INSURANCE CARRIER
Nancy Miller and Ron Nemirow recently obtained summary judgment for an insurance carrier who was being sued in a bad faith case with unusual facts. The carrier’s insured was a lawyer who had been sued for legal malpractice; the carrier had defended and, at the insured’s urging, rejected the plaintiff’s policy limits settlement demand. During the pendency of the legal malpractice case, the insured filed for bankruptcy. The bankruptcy trustee and the legal malpractice lawyer entered into a stipulated judgment in excess of policy limits. The bankruptcy trustee then filed suit against the carrier asserting bad faith. The U.S. District Court for the District of Colorado granted the carrier summary judgment on a motion filed by Nemirow Perez, holding that the claim was not the property of the bankruptcy estate because it had not accrued when the bankruptcy petition was filed. The case involved significant questions and issues of legal malpractice law, bankruptcy law, and the law governing the duties of insurers in the State of Colorado. With a small, streamlined staff, but very experienced attorneys, Nemirow Perez was able to provide our client a strong outcome.