Hidden Pointe Proceeds with Lawsuit

11-21-2003

The Hidden Pointe HOA is proceeding with the lawsuit that they filed against the CPN Master Association in September, challenging the validity of the contract which Hidden Pointe signed with CPN in 1999.

Since the last report in the October newsletter, the CPN Master Association’s attorney has presented copies of all of the documentation related to the case to the Hidden Pointe HOA’s attorney. This includes:

_ communications prior to signing the agreement, including the correspondence from the committee of Hidden Pointe residents who requested the agreement.

_ contracts that were later executed as a result of the agreement, including the pacts signed by CPN’s Parks Authority and Metro District to take over responsibility for building and maintaining the portion of Coyote Ridge Park that Hidden Pointe would have built and maintained.

On November 14, Hidden Pointe’s attorney sent a letter indicating that the HOA Board intends to proceed with the lawsuit, and asked the Master Association’s attorney to prepare the legal pleadings that will be needed to prepare for the court case.

The Master Association’s law firm is now preparing for the court case. The CPN Master Association’s draft budget for 2004, which will be adopted at the December 4, 2003 Board meeting, appropriates additional funds to the “legal expenses” category to be able to defend the Association against the lawsuit.

In addition, it is expected that CPN’s Metro District and Parks Authority will also become involved in the case, since both of these CPN entities took actions as a result of Hidden Pointe’s agreement with the Master Association.

Virtually all Hidden Pointe homeowners have paid their Master Association dues.
Until the court orders otherwise, CPN believes the agreement is a binding obligation and expects that Hidden Pointe residents will continue to abide by the terms of the agreement and pay their dues to CPN. Failure to pay will cause CPN to add late fees and treat any non-paying residents in the same fashion as non-paying members of CPN.

The Contractual Agreement in question is a Recorded document which can be obtained from Douglas County. Cick here for a pdf (200k) copy of the agreement.