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VISTA RIDGE HOMEOWNERS v. ARCADIA HOLDINGS

Court of Appeals No. 12CA0967.

300 P.3d 1004 (2013)

VISTA RIDGE MASTER HOMEOWNERS ASSOCIATION, INC., Plaintiff-Appellee, v. ARCADIA HOLDINGS AT VISTA RIDGE, LLC, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Announced February 28, 2013.

Attorney(s) appearing for the Case

Michael B. Levy, LLC, Michael B. Levy , Lakewood, Colorado, for Plaintiff-Appellee.

Lottner Rubin Fishman & Saul, PC, Christopher J. Dawes , Dominic H. Rivers , Denver, Colorado, for Defendant-Appellant.

Opinion by JUDGE MILLER

¶ 1 Defendant, Arcadia Holdings at Vista Ridge, LLC (Arcadia), appeals summary judgment in favor of plaintiff, Vista Ridge Master Homeowners Association, Inc. (HOA). Specifically, Arcadia contends that the district court erroneously (1) interpreted section 38-33.3-210(4)(b), C.R.S.2012, and the Master Declaration of Covenants, Conditions and Restrictions for Vista Ridge (the Declaration) to prohibit Arcadia's attempt to withdraw and de...

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