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TRIPLE CROWN v. VILLAGE HOMES OF COLORADO

Court of Appeals No. 13CA1390.

328 P.3d 275 (2013)

2013 COA 150

THE TRIPLE CROWN AT OBSERVATORY VILLAGE ASSOCIATION, INC., a Colorado nonprofit corporation, Plaintiff-Appellant, v. VILLAGE HOMES OF COLORADO, INC., a Colorado corporation; Peter Benson; Brian Graves; Mark McCallum; Rudy Hansch; Kelly Martinez; Ronald Hettinger; and Elyssa Blazier, Defendants-Appellees.

Colorado Court of Appeals, Div. A.

As Modified on Denial of Rehearing December 5, 2013.

Attorney(s) appearing for the Case

Sullan2, Sandgrund, Perczak & Nuss P.C., Scott F. Sullan , Mari K. Perczak , David B. Shaw , Denver, Colorado, for Plaintiff-Appellant.

McConaughy & Sarkissian, P.C., Ivan A. Sarkissian , Christopher J. Metcalfe , Englewood, Colorado, for Defendants-Appellees.

Opinion by JUDGE WEBB.

¶ 1 Arising from alleged construction defects in a common interest community, this interlocutory appeal under C.A.R. 4.21 presents four questions of first impression in Colorado: (1) whether the time limit for approving actions taken without a meeting by a unit owners' association, as defined in section 38-33.3-103(3) of the Colorado Common Interest Ownership Act (CCIOA), sections 38-33.3-101 to -319, C.R.S...

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