Polston v. Pagosa Lakes Property Owners (Colorado)
CAI filed an amicus brief to join in an appeal of a recent district court judgment against the PLPOA based on the court’s (a) clear misinterpretation of the language, terms and provisions of the Association’s governing documents, and (b) clear misapplication of the law as it relates to such nuisance provisions and owners as indispensable parties in matters in which the validity of restrictive covenants in declarations are at issue.
The plaintiff had rented his residence to a church group who had several (well over ten) people residing in the house for a short period. According to the complaint, the group left curtains open exposing the neighboring units to excessive lights from the residence, made considerable noise, parked numerous vehicles on the street, and strewn trash around the residence. Upon receiving the complaint, the Association sent violations notices to plaintiff and advised that they were considering fining him and that he had the right to a hearing before any fine was implemented. The plaintiff was fined and after losing his appeal, filed a lawsuit against the association.
The plaintiff owner asserted a single claim for declaratory judgment against PLPOA stating that the nuisance provisions in both the Declaration and the Community’s R&Rs were ambiguous and unenforceable, and, therefore, PLPOA’s enforcement against the plaintiff owner was invalid. The Association’s appeal follows the district court’s erroneous entry of an order denying PLPOA’s motion to dismiss based on the failure of the plaintiff owner to name all owners in the Pagosa Lakes community as parties to the suit, and the district court’s granting of the Plaintiff’s Motion for Summary Judgment, based on a finding that the nuisance provisions of the Community’s governing documents were void and unenforceable as vague, ambiguous and/or overbroad.
Brief: CAI's Amicus Brief
Prior Ruling: District Court – Order granting motion for summary judgment
Status: Pending
CAI Amicus Brief Author: Jesse Witt, Esq.
CAI Amicus Brief Review Committee: Stephen Marcus, Esq; Richard Ekimoto, Esq; Jennifer Loheac, Esq; Marc Markel, Esq.; Steven Sugarman, Esq.