Summary of court case regarding:

Covenants as "spurious documents"

Frederick Wolf, Samuel Shapiro, and Karen Shapiro vs. Elk Falls Property Owners' Association.
Jefferson County case number: 2010cv1060.

On March 8, 2010, a case was filed in Jefferson County alleging that the Elk Falls Property Owners' Association's covenants are "spurious documents." (See petition to show cause Part 1 (8MB), Part 2 (4MB), and court order.) An example of what this law is intended to prevent is the filing of spurious liens, etc. by criminals against judges and prosecutors. In this instance, the intent of the plaintiffs may have been a diversionary tactic with regard to the access case or it may have been to deny the Association the right to require that homeowners be dues paying members of the Association. Either would interfere with the Association's ability to proceed with the access case. The Association responded that the documents are not spurious.

The law requires that hearings be held promptly on spurious document cases and that the award of attorney's fees is mandatory. A hearing was held in Jefferson County on March 23, 2010, the day before the access case hearing in Park County. The judge found in favor of the Association and awarded attorney fees to the Association (over $17,000). The plaintiffs have filed an objection and an appeal. The appeal is only regarding the 2006 and 2008 covenants which have nothing to do with membership or dues payments. A hearing on the attorney fees is not scheduled until September 2, 2010.