Verdicts, News and Publications
A real estate investor sued a homeowner's association in Jefferson County for failure to comply with CCIOA's due process requirements before imposition of fines or fees. Following trial, the court ruled in favor of the investor and against the association finding that it had failed to provide opportunity and notice for a hearing prior to imposition of fees to her ledger and also awarded her 100% of attorney fees and costs incurred.
Tammy represented a real estate investor against a homeowner's association that had raised assessments in excess of limits set forth in the Declaration and had failed to properly elected boards for many years. Initially, the trial court ruled against our client but we prevailed on appeal. Following cross motions for summary judgment and trial, the Court ruled in favor of our client and found that the Board of Directors was not properly constituted at the time the assessments were raised. Therefore, such actions were void and our client recovered not only assessments improperly imposed but late fees and attorney fees and costs.
Tammy represented a large Master Association on a covenant enforcement matter in Douglas County District Court. The homeowners had constructed a series of fences and barricades in their backyard over the course of many years without the required Architectural Committee approvals. The Association discovered the violations only after a neighbor finally filed a complaint with the Association. After following the Association's covenant enforcement policies, it imposed a $25.00 per day fine against the homeowners. After they continued to refuse to remove the structures, the Association filed suit for breach of the Declaration, judicial foreclosure and an injunction for removal of the structures. The homeowners claimed that the action was barred by the statute of limitations. Following a two day trial, the Court rejected the homeowners' statute of limitations defense, finding that the Association neither knew nor, in the exercise of reasonable diligence, should have known of the violation. The Association was awarded judgment on all claims in the full amount requested, including a decree of foreclosure and an injunction. The Association also obtained an award of attorney fees and costs post-judgment.
Tammy represented an investor who owns property within a townhome community in Arapahoe County. The investor’s townhome sustained extensive damage to electrical wiring, insulation, framing and drywall caused by squirrels entering into the interior walls and attic through gaps and/or holes in the exterior siding or soffit. The investor repeatedly requested the Association perform repairs to the siding and soffit but the repairs were either never made or were negligently performed. The Declaration required that the Association maintain and repair exterior building surfaces. The jury returned a verdict in favor of the investor and against the Association on its claims for breach of contract and negligence and awarded the full amount of damages and attorney fees requested.
Following a trial in Denver District Court representing a large title insurer, the court granted a defense verdict on the bad faith insurance claim.
Also in Denver District Court, she obtained a judgment and decree of foreclosure for a mechanic’s lien claimant following a 3 day bench trial.
In Weston v. T & T, LLC, 271 P.3d 552 (Colo.App. 2011), pet. for cert. den. 2012 WL 53795 (Colo. 2012), Tammy successfully represented the Plaintiff/Creditor in a 6 day Denver District Court trial, and on appeal, in connection with his claims against Debtor T&T, LLC, owner of the Manor House, for fraudulent transfers of monies under the Colorado Uniform Fraudulent Transfer Act. The Court of Appeals upheld the trial court's judgment in favor of Weston. Of particular interest was the Debtor's argument that the judgment should be reversed because the trial court granted the Debtor's request to allow the principals of the closely-held LLC (a father and son), who were not licensed attorneys, to represent the LLC. The Court of Appeals agreed that the trial court should not have permitted the father and son to represent the LLC in the case, however, the Court of Appeals refused to grant the request for a new trial in light of the fact that the trial court had repeatedly admonished the principals that they would have to satisfy the statutory exceptions that would excuse the LLC from being represented by counsel, and moreover, holding that the principals of the LLC would not be permitted to benefit from an error that they created.
Tammy obtained a defense verdict in a 2 day bench trial in Denver District Court on breach of contract and fraud claims involving a commercial lease and settlement agreement in which the plaintiff’s damage claim was approximately $200K.
Tammy obtained a jury verdict in excess of $1.4 Million on behalf of her clients in the Jefferson County District Court, in connection with claims of professional negligence and breach of contract against the clients' prior attorneys, accountants and real estate brokers. When the Plaintiffs sought to sell a 153-unit apartment project that represented their life's savings, the professionals they engaged to represent and protect their interests failed to discharge their duties by structuring a scheme whereby the Plaintiffs transferred ownership of the apartment project to a LLC controlled by a third party. When the third party failed to make the agreed payments to the Plaintiffs, the Plaintiffs learned that the project had been repeatedly encumbered, the equity cashed out, and the proceeds misapplied.
Tammy obtained a verdict in Arapahoe County Court on an Association's covenant enforcement action and received a full award of attorney fees and costs. Appeals to the Court of Appeal and Supreme Court were also defeated.