Legal Opinion

Red Sky Homeowners Ass'n v. Heritage Co.

Colorado Court of Appeals

Decided August 16, 1984No. 83CA1160PublishedCited by 7 opinions

1Opinion of the Court

KELLY, Judge.

Defendant, The Heritage Company, appeals from a final order of the trial court which denied its motion to compel plaintiff Red Sky Homeowners Association to arbitrate the claims of damages allegedly resulting from defective construction at the Red Sky Project. The trial court found that Heritage was not an “owner” as contemplated by the Red Sky Homeowners Declaration and, thus, not entitled to invoke the arbitration agreement contained therein. See § 13-22-221(l)(a), C.R.S. (1983 Cum.Supp.). We affirm.

It is unnecessary to reach the question whether Heritage is an owner since,…

2Cases cited3 opinions

  1. Cordillera Corp. v. HeardSupreme Court of Colorado · 1980
  2. Cordillera Corp. v. HeardColorado Court of Appeals · 1979
  3. United States ex rel. Duo Metal & Iron Works, Inc. v. S. T. C. Construction Co.District Court, E.D. Pennsylvania · 1979

3Cited by7 opinions

  1. City of Cottonwood v. James L. Fann Contracting, Inc.Court of Appeals of Arizona · 1994
  2. Klein v. State Farm Mutual Automobile Insurance Co.Colorado Court of Appeals · 1997
  3. Associated Natural Gas, Inc. v. Nordic Petroleums, Inc.Colorado Court of Appeals · 1990
  4. Norden v. EF HUTTON & COMPANY, INC.Colorado Court of Appeals · 1987
  5. Bashor v. Bache Halsey Stuart Shields, Inc.Colorado Court of Appeals · 1988

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