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Mark’s Clients Prevail in Road Maintenance Association Dispute

After a multi-day trial, a Boulder District Judge decided a dispute involving the Pine Valley Road Maintenance Association in a written order entered in October of 2019.

Boulder District Judge Andrew McDonald ruled that the actions of three Nederland area residents were “unacceptable” in declaring themselves to be the Association’s “Interim Council,” changing the Association’s records with the Colorado Secretary of State, and taking control of the Association’s bank account.  Judge McDonald also found that the Defendants had failed to offer any clear evidence that would justify removing the Plaintiff Board members who brought the suit. 

Judge McDonald agreed with the Plaintiffs that the Association’s 2011 Declarations were the governing document and invalidated the Declarations the Defendants had drafted and recorded.  He also agreed the Association was not governed by Colorado’s Common Interest Community Ownership Act. 

Judge McDonald ordered the Defendants to surrender the banking information to the Plaintiffs and to provide the Plaintiffs with the password they had wrongly used to block the Plaintiffs from filing documents on the Association’s behalf with the Secretary of State.

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