SUMMARY JUDGMENT WIN FOR BUCKINGHAM AND HOA CLIENT IN CONTENTIOUS CASE; COURT AWARDS 100% OF FEES AND COSTS SOUGHT
On October 16, the Arapahoe County District Court entered summary judgment in favor of Miles Buckingham's client, an Aurora homeowners association, and against two Plaintiffs suing the association for more than two million dollars. Mr. Buckingham was lead counsel for the defense. Plaintiffs sued alleging several violations of state laws, and of association governing documents. Their lawsuit was challenged in a motion for summary judgment which used the Plaintiff's sworn testimony, and analyses of the Colorado Common Interest Ownership Act ("CCIOA"), to show that the Plaintiffs' claims were limited or barred. The Court preliminarily agreed with the summary judgment motion in June, but allowed the Plaintiffs to identify claims which survived the legal conclusions of the Court's preliminary order. After extensive argument, the Court ruled that the Plaintiffs' claims were adjudicated in their entirety, and judgment was entered in favor of the defense. The Association asked for, and received, a $46,000 judgment in favor of the Association, and against the Plaintiffs for fees and costs incurred in defending against the claims. In the past three years, Mr. Buckingham has obtained judgments for clients totaling more than $200,000.00 in attorney fees and costs in homeowners association cases.
BUCKINGHAM SUCCESSFUL IN DEFENSE BID FOR HOA SUED FOR THOUSANDS OVER MULTIPLE RECORDS REQUESTS
Colorado law allows homeowners to demand documents from their HOA, and then sue for attorney fees and costs when they claim that they did not get what they asked for. Just such a suit was brought in Denver by a local homeowner who personally, and through counsel, made “repeated and escalating” demands to his HOA for all kinds of documents and records. The Plaintiff, who had made demands for compensation from the Association on prior occasions, filed suit after the Association, through attorney Miles Buckingham, refused to pay any of the thousands of dollars of claimed fees and costs incurred. The owner sued to force the Association to meet his demands. The matter was taken to trial, and the Association came through on top. After the verdict was read, Plaintiff walked out of the Courtroom without any award, and with all of his claims dismissed by the Court. Colorado homeowner associations should expect so see more of these types of cases as problem owners try to use Colorado law to convert their HOA into a source of cash.