Legal Opinion
DeJean v. Grosz
Colorado Court of Appeals
Decided June 4, 2015No. Court of Appeals No. 14CA0549PublishedCited by 4 opinions
1Opinion of the Court
Opinion by JUDGE ROMÁN
*735¶ 1 Can a property owner incorporate a homeowners' association after the initial developer filed a declaration expressing an intention to form an association but then failed to do so? We conclude that where the condominium declaration contemplates a homeowners' association, and especially where the covenant runs with the land, a property owner can incorporate a homeowners' association without further consent from the other unit owners. We thus vacate a preliminary injunction enjoining a property owner from acting on behalf of the homeowners' association.
I. Background
A.…
2Cases cited13 opinions
- Rathke v. MacFarlaneSupreme Court of Colorado · 1982
- Rush Creek Solutions, Inc. v. Ute Mountain Ute TribeColorado Court of Appeals · 2004
- Lakeview Associates, Ltd. v. MaesSupreme Court of Colorado · 1995
- Griffin v. TALL TIMBERS DEVELOPMENTMississippi Supreme Court · 1996
- Evergreen Highlands Ass'n v. WestSupreme Court of Colorado · 2003
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3Cited by4 opinions
- Anderson v. Applewood Water Ass'n, IncColorado Court of Appeals · 2016
- McMullin v. HauerSupreme Court of Colorado · 2018
- Hauer v. McMullinColorado Court of Appeals · 2015
- Hauer v. McMullinColorado Court of Appeals · 2015