Vista Ridge Master Homeowners Association, Inc., v. Arcadia Holdings at Vista Ridge, LLC, 2013COA26 (February 28, 2013)

Denial – it’s not just another common interest community. It is what happens when a developer tries to withdraw a portion of property from a community after other portions have been sold. Vista Ridge was established by a recorded Declaration under the Colorado Common Interest Ownership Act (CCIOA), which permitted a “portion” of lots within the community to withdraw so long as no lot within the “portion” had been sold. 94 lots were added to Vista Ridge and 8 were sold. Arcadia owned 70, and attempted to withdraw them. The HOA sued; the trial court denied Arcadia’s attempt. The court of appeals affirmed, holding the word “portion” in CCIOA CRS 38-33.3-210(4), unambiguously refers to property described within a recorded declaration. The 94 lots were described; Arcadia’s lots were not, and couldn’t be withdrawn. The HOA was awarded attorneys’ fees plus the 18% interest on assessments.

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