The Castle Pines North Master Association has filed a response to the Hidden Pointe Homeowner Association’s lawsuit in Douglas County District Court. The lawsuit required the Master Association to submit a written response to the court, answering Hidden Pointe’s charges. The Master Association has also filed counterclaims against the Hidden Pointe HOA, asking for reimbursement of legal expenses and for damages.
In transmitting the response to Hidden Pointe’s legal counsel, the Master Association’s attorney noted that the Board is very willing to participate in mediation to see if an amicable solution can be reached. At the Hidden Pointe HOA meeting held on December 18, 2003, most of the residents attending the meeting encouraged their Board to attempt to resolve the matter, in lieu of pursuing the lawsuit.
As of press time, the Hidden Pointe HOA’s Board of Directors had not responded to the requests to pursue out-of-court discussions. As a result, the Master Association’s attorney continues to prepare for the court case.
The lawsuit filed by Hidden Pointe HOA relates to a contract signed with the Master Association in 1999. The subdivision, which is outside the CPN legal boundaries, signed contracts to obtain services from CPN. According to the contract, Hidden Pointe agreed to incorporate their plans for a small neighborhood park into Coyote Ridge Park.
Hidden Pointe transferred responsibility for building the park to CPN’s Parks Authority, and transferred responsibility for maintaining the park to the CPN Metro District. The contract granted some concessions requested by Hidden Pointe and gave residents full access to CPN parks as well as to all the community activities and services provided by the Master Association. In exchange, Hidden Pointe agreed to pay the same dues to the Master Association as other CPN residents.
In 1999, the contract was negotiated by Hidden Pointe’s developer with input from a committee of Hidden Pointe residents. A survey taken at that time by the committee indicated that the majority of Hidden Pointe residents were in support of the agreement. In September, 2003, the current members of the HOA’s Board of Directors filed the lawsuit, challenging the validity of the contract provision which required Hidden Pointe residents to pay Master Association dues.
Almost all Hidden Pointe homeowners have continued to pay their Master Association dues. Unless the court orders otherwise, Hidden Pointe residents should continue to abide by the terms of the contract. Non-paying Hidden Pointe residents are subject to the same policies as any other non-paying members of CPN.
The contract in question is a recorded document which can be obtained from Douglas County. Cick here for a pdf (200k) copy of the agreement.
For more information, please contact the Master Association at 303-482-3078 or firstname.lastname@example.org.