13 December 2018

Court of appeals rules that HOA lien is not spurious, despite claim that annexation was invalid

Today, the Colorado Court of Appeals reversed a order that had deemed a homeowner association’s lien to be spurious.

The case arose after a developer approved a property owner’s application to annex additional real estate to a community in 1999. Several years later, the developer repurchased the property through a foreclosure sale. Despite its prior approval of the annexation, the developer refused to pay community maintenance assessments, which prompted the association to record a lien under its covenants and a statutory provision of the Colorado Common Interest Ownership Act (CCIOA).

The parties remained in a standoff until 2016, when the Colorado Supreme Court announced two decisions that adopted a stricter standard for annexing property into communities subject to CCIOA.

12 December 2018

Big news from The Witt Law Firm

2018 was a great year for The Witt Law Firm, and 2019 is bringing big changes.

I am excited to announce that I have decided to accept an Of Counsel position with Frascona, Joiner, Goodman and Greenstein. Founded in 1974, the firm has grown to become Colorado's preeminent real estate and business law firm, and its outstanding team of lawyers and paralegals will be an excellent complement to my construction law and litigation practice.

To all my clients and colleagues, I wish you the happiest of holidays. I look forward to working with you in the new year at the new firm!