ACCETTA v. BROOKS TOWERS RESIDENCES CONDO.

Court of Appeals No. 20CA0690.

506 P.3d 857 (2021)

2021 COA 147M

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

Colorado Court of Appeals, Div. VI.

As Modified on Denial of Rehearing January 13, 2022.

As Modified February 10, 2022.


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 The litigation giving rise to this attorney fees and costs appeal invoked the Colorado Common Interest Ownership Act (CCIOA), sections 38-33.3-101 to -401, C.R.S. 2021, which governs the creation and operation of common interest communities in the state. See Accetta v. Brooks Towers Residences Condo. Ass'n,...

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