Club Telluride Owners Ass'n v. Mitchell

Opinion by

Judge JONES.

Defendant, Dennis Mitchell, appeals the summary judgment entered in favor of plain*503tiff, Club Telluride Owners Association, Inc. (Association), for collection of past due assessments and attorney fees pursuant to the Colorado Common Interest Ownership Act, § 38-38.8-101, et seq., C.R.8.2001 (CCIOA). We reverse and remand for further proceedings.

As an initial matter, we note that Mitchell has not referenced the record as he is required to do, and he has urged on us material that is not in the record, which we may not consider. See C.A.R. 28.

However, the following facts are…