417-334-8787

ASPEN VS. HIGHLAND LITIGATION

 

Highland P.U.D Association
StreamSide at Vail
2284 South Frontage Road West
Vail, Colorado 81657

 

February 17, 2012

 

Re: Aspen vs. Highland Litigation

Dear Owners,

Previously we have communicated with you regarding the above referenced litigation that was brought against StreamSide at Vail’s common area Association, Highland P.U.D. by the Aspen Association. The trial commenced on February 13, 2012 in the District Court, Eagle County, Colorado before the Honorable R. Thomas Moorhead, District Court Judge.

On February 16, 2012 the Judge issued the following order:

“Based on these findings of fact and conclusions of law, the Court hereby denies Aspen’s petition for declaratory relief and enters judgment in favor of Respondent Highland P.U.D. Association as the prevailing party. Judgment on attorney fees and taxation of costs shall occur pursuant to C.R.C.P. 121, Local Practice Standard 1-22 and 38-33.3-123(1) (c), C.R.S.”

The Respondent and its insuring entities are in the process of accumulating their attorney fees and costs, which will be submitted pursuant to the Court’s Order.

It is unfortunate that this dispute has gone on for over three years and has cost hundreds of thousands of dollars. (As previously communicated, the majority of the HPUD defense cost has been covered by our insurer.) I would like to think that this judgment will bring an end to the disagreement but the Aspen Association does have the right to appeal the Court’s ruling. It is my understanding that any appeal would need to be filed by April 2, 2012.

If anyone would like to review a copy of the “Findings of Fact, Conclusions of Law and Order” filed on this matter, please contact your respective management company and they will be happy to forward you an electronic copy. Those contacts are:

Marriott: gregg.forrester@vacationclub.com
VRI: grant.tuttle@vriresorts.com

Owners, it is my sincere desire that this matter is behind us and that we can now move forward as one “unified campus”. All Homeowners Associations are facing similar challenges given delinquencies, bad debts, aging demographics coupled with a challenging economy. Therefore, our focus needs to be concentrated on these issues and not disputing with one another.

Your Board thanks you for your continued support!

Sincerely,

David McGowan
President
Highland P.U.D. Association

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