The court of appeals reversed and awarded attorney fees to the association. The court held that the association’s lien was not a spurious lien because it was both provided-for by CCIOA statutes and had been agreed-to by the property owner under the terms of the 1999 annexation form. The court held that the annexation form was not a spurious document because, even if it did not technically comply with the 2016 caselaw, this alleged invalidity was not “readily open to notice or observation.”
The court’s opinion was unpublished and therefore does not create binding precedent, but it may nevertheless serve as a caution for property owners seeking to attack liens under Colorado’s spurious lien and document statute.
Attorney Jesse Witt represented the association in the appeal, Stroh Ranch Development, LLC v. Stroh Ranch Business Circle, Inc., Case No. 2017CA1481 (Colo. App. Dec. 13, 2018)(unpublished).
For an expanded discussion of this issue, please see Mr. Witt’s full summary here.