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.