2800 E 2nd v. Residences

24CA1742 2800 E 2nd v Residences 09-11-2025

COLORADO COURT OF APPEALS

Court of Appeals No. 24CA1742
City and County of Denver District Court No. 23CV31396
Honorable David H. Goldberg, Judge

2800 E. 2nd Avenue #304, a Colorado limited liability company,

Plaintiff-Appellant,

v.

The Residences at Northcreek Association, a Colorado nonprofit corporation,

Defendant-Appellee.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE GOMEZ
Welling and Sullivan, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced September 11, 2025

Sweetbaum Miller, PC, Alan D. Sweetbaum, Andrew S. Miller, Ryan Hull,
Denver, Colorado, for Plaintiff-Appellant

Hall & Evans, LLC, Valerie Garcia, Heather A. Thomas, Denver, Colorado, for
Defendant-Appellee
¶1 Plaintiff, 2800 E. 2nd Avenue #304 (Owner), appeals the

district court’s order awarding attorney fees and costs to defendant,

The Residences at Northcreek Association (the Association), under

the Colorado Common Interest Ownership Act, § 38-33.3-123(1)(c),

C.R.S. 2025, and the governing declaration of covenants. We affirm

and remand the case with directions.

¶2 Owner’s sole contention on appeal is that the order awarding

fees and costs should be reversed if the underlying judgment is

reversed or modified in Owner’s merits appeal. But that merits

appeal recently concluded, and rather than reversing or modifying

the underlying judgment, a division of this court affirmed it. See

2800 E. 2nd Ave. #304 v. Residences at Northcreek Ass’n, (Colo.

App. No. 24CA1162, Sept. 4, 2025) (not published pursuant to

C.A.R. 35(e)). Accordingly, Owner’s merits appeal doesn’t provide

any basis for relief from the fee and cost order. And because Owner

doesn’t raise any other bases for challenging the fee and cost order,

we affirm it.

¶3 We agree with the Association’s argument that it is entitled to

an award of its reasonable attorney fees and costs under section

38-33.3-123(1)(c). Because the district court is uniquely suited to

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undertake the factfinding necessary to determine such an award,

we exercise our discretion under C.A.R. 39.1 and C.A.R. 39(c)(1)

and remand the case to the district court to determine and award

the Association its reasonable appellate attorney fees and costs.

¶4 Accordingly, the order is affirmed, and the case is remanded to

the district court to determine and award the Association its

reasonable appellate attorney fees and costs.

JUDGE WELLING and JUDGE SULLIVAN concur.

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