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RED SKY HOMEOWNERS ASS'N v. HERITAGE CO.

No. 83CA1160.

701 P.2d 603 (1984)

RED SKY HOMEOWNERS ASSOCIATION, a Colorado non-profit organization; and Brendan Faust; Christy Burns; Stan Ferguson and Lynn Myers, as representatives of the class of Red Sky Condominium Homeowners, Plaintiffs-Appellees, v. The HERITAGE COMPANY, a limited partnership, Defendant-Appellant, v. DONALD H. GODI & ASSOCIATES, INC., Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 27, 1984.

Attorney(s) appearing for the Case

Podoll & Podoll, Richard B. Podoll, Denver, for plaintiffs-appellees.

Cogswell & Wehrle, Robert P. Manning, John M. Cogswell, Jeremy M. Bernstein, Denver, for defendant-appellant.

Johnson & Reed, Raymond C. Johnson, Lakewood, for third-party defendant-appellee.

KELLY, Judge.

Defendant, The Heritage Company, appeals from a final order of the trial court which denied its motion to compel plaintiff Red Sky Homeowners Association to arbitrate the claims of damages allegedly resulting from defective construction at the Red Sky Project. The trial court found that Heritage was not an "owner" as contemplated by the Red Sky Homeowners Declaration and, thus, not entitled to invoke the arbitration agreement contained therein. See...

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