In May of 2021, after lengthy litigation, Boulder District Judge Andrew Hartman enter a Quiet Title Decree that gave Mark’s client, a homeowners association, the exclusive right to control access to the Summer Access Road, a private road in Boulder County that connects Ridge Road to Colorado Highway 119.

The case provides a good example of how legal documents prepared by non-lawyers can cause unforeseen problems many decades later.  In htis case, the original developer had been unable to get Boulder County to accept responsibility for the Summer Access Road.  The developer granted responsibility for the maintenance of the road to an association, but transferred that responsibility to Mark’s HOA client in 1976 without actually transferring the fee title to the road.  When questions arose about the HOA’s ability to close the road, litigation ensued that involved multiple landowners and Boulder County.

The Court’s Quiet Title Decree provides much needed certainty concerning the responsibility for maintaining the Summer Access Road and concerning the HOA’s rights in connection with the road, including the right to close it and to charge for access to it to generate funds needed to maintain it.

Mark has extensive experience with road maintenance associations, easements, HOA’s and the Colorado Common Interest Ownership Act (CCIOA).