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CLUB TELLURIDE OWNERS ASS'N v. MITCHELL

No. 01CA0594.

70 P.3d 502 (2002)

CLUB TELLURIDE OWNERS ASSOCIATION, INC., a Colorado non-profit corporation, Plaintiff-Appellee, v. Dennis MITCHELL, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 3, 2002.

Certiorari Denied May 19, 2003.

Attorney(s) appearing for the Case

Faegre & Benson, LLP, Colin C. Deihl, Denver, Colorado, for Plaintiff-Appellee.

Robert Korn, Telluride, Colorado, for Defendant-Appellant.

Opinion by Judge JONES.

Defendant, Dennis Mitchell, appeals the summary judgment entered in favor of plaintiff, Club Telluride Owners Association, Inc. (Association), for collection of past due assessments and attorney fees pursuant to the Colorado Common Interest Ownership Act, § 38-33.3-101, et seq., C.R.S.2001 (CCIOA). We reverse and remand for further proceedings.

As an initial matter, we note that Mitchell...

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