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EVERGREEN HIGHLANDS ASS'N v. WEST

No. 02SC242.

73 P.3d 1 (2003)

EVERGREEN HIGHLANDS ASSOCIATION, a Colorado non-profit corporation, Petitioner, v. Robert A. WEST, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 21, 2003.

Attorney(s) appearing for the Case

Davis Graham & Stubbs, LLP, Andrew M. Low, Sonaly A. Kirkley, Denver, Colorado, Orten & Hindman, P.C., Jerry C.M. Orten, Wheatridge, Colorado, Attorneys for Petitioner.

Stephen A. Groome, Conifer, Colorado, Attorney for Respondent.

Tobey & Toro, P.C., Jeanne M. Toro, Gary H. Tobey, Englewood, Colorado, Attorneys for Amicus Curiae Mission Viejo Lot Owners.

Lynn S. Jordan, Myra J. Lansky, Denver, Colorado, Attorneys for Amici Curiae Community Associations Institute and Mission Viejo Homeowners Association.

Justice RICE delivered the Opinion of the Court.

I. INTRODUCTION

We granted certiorari in this case to determine whether, pursuant to the modification clause of the Evergreen Highlands Subdivision covenants, the requisite majority of lot owners may "change or modify" the existing covenants by the addition of a new covenant which: (1) requires all lot owners to be members of the homeowners association...

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