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May 2008
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The Court of Appeals upholds a post-transition
Board’s obligation to enforce declarant rights in the CC&Rs.
In
Cifelli v. The Venu at Grayhawk,
CH successfully defends the Association from an owner’s challenge
about specific CC&R provisions that allowed the declarant’s
continued construction and the storage of certain construction
equipment. The Court of Appeals upheld the lower court’s
ruling and awarded the Association $7,000 in attorneys’ fees on
appeal. You can read
the Memorandum Decision here.
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