In March of 2014 the Colorado Court of Appeals overturned a Jefferson County District Court decision made against one of Altitude Community Law’ clients. In the ruling the Court of Appeals agreed with the arguments put forth by Brianna Schaefer, Damien Bielli and Loura Sanchez. Altitude Community Law felt that the District Court ruling was absolutely incorrect and that such a ruling would have devastating results for community associations in Colorado so it worked on behalf of the association for over 18 months to confirm the association’s right to foreclose.
The Dakota Station II Condominium Association Board of Directors said “At a time when many associations struggle with collections, we are thankful that Altitude Community Law fought for not just our association, but for all associations in Colorado.”
The Court of Appeals confirmed that:
*An owner cannot discharge an association’s lien in bankruptcy by simply mislabeling the association as an unsecured creditor;
*Failure of an association to correct a “mistake” in a bankruptcy doesn’t change its rights as a secured creditor;
*An owner is personally liable for all assessments after the date of filing of a bankruptcy.
This case is a positive win for all associations in Colorado.