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ACCETTA v. BROOKS TOWERS RESIDENCES CONDO.

Court of Appeals No. 19CA2076.

496 P.3d 821 (2021)

2021 COA 87

Anthony T. ACCETTA and Nancy Accetta, Plaintiffs-Appellants, v. BROOKS TOWERS RESIDENCES CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation; Mark Trenka, in his capacity as a member of the Board of Directors of the Brooks Towers Residences Condominium Association, Inc.; Marla Grant, in her capacity as a member of the Board of Directors of the Brooks Towers Residences Condominium Association, Inc.; Bill Clarke, in his capacity as a member of the Board of Directors of the Brooks Towers Residences Condominium Association, Inc.; Clay Courter, in his capacity as a member of the Board of Directors of the Brooks Towers Residences Condominium Association, Inc.; Robb Green, in his capacity as a member of the Board of Directors of the Brooks Towers Residences Condominium Association, Inc.; and Joan Foster, in her capacity as a member of the Board of Directors of the Brooks Towers Residences Condominium Association, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Announced July 1, 2021.

Attorney(s) appearing for the Case

Foley & Mansfield, PLLP, Dustin J. Priebe , Englewood, Colorado; Podoll & Podoll, P.C., Robert C. Podoll , Greenwood Village, Colorado for Plaintiffs-Appellants.

Nemirow Perez P.C., Ronald H. Nemirow , Miles Buckingham , Lakewood, Colorado, for Defendants-Appellees.

¶ 1 In this case, we are asked to resolve an issue of first impression under the Colorado Common Interest Ownership Act (CCIOA), sections 38-33.3-101 to -401, C.R.S. 2020, which governs the creation and operation of common interest communities in the state.

¶ 2 Specifically, we consider whether section 38...

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