Arapahoe County District Court
Common Interest Community Representation
Tammy represented an investor who owns property with the Aspens Townhomes community. 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. Later, the City of Aurora issued a Notice of Violation requiring the exterior repairs to make the building weather tight and to prevent the squirrels from entering into the interior. The governing documents including the Declaration, Articles of Incorporation and Bylaws for the Association together constitute a contract between the Association and the owners. The Declaration required that the Association maintain and repair exterior building surfaces and make repairs or perform maintenance when required by a government entity. 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 requested.