Colorado Court of Appeals
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First Atlantic Mortgage, LLC v. Sunstone North Homeowners Association, Inc.

First Atlantic Mortgage, LLC v. Sunstone North Homeowners Ass'n, 121 P.3d 254 (Colo. App. 2005)

Treatment Good law
Decided Jun 16, 2005
Docket 04CA1316
Verified May 15, 2026
Source Full opinion
Holding

A Colorado HOA's super-priority assessment lien under C.R.S. §38-33.3-316(2) is capped in amount by reference to six months of regular periodic assessments, but the component charges within the lien may include not only past-due assessments but also late charges, interest, attorney fees, and other allowable expenses enumerated in §316(1). In other words, the six-month measure defines the cap on the priority-elevated amount, while §316(1) defines what categories of charges may be aggregated up to that cap. The court affirmed the trial court's denial of First Atlantic's C.R.C.P. 105.1 quiet-title relief, leaving Sunstone's super-priority lien intact ahead of the recorded deed of trust.

Treatment Notes

Controlling Colorado authority on the composition and dollar scope of the HOA super-priority lien. Frequently cited by Colorado title and real-estate counsel when calculating what a first mortgagee must pay to clear the super-priority before completing a foreclosure. Read alongside C.R.S. §38-33.3-316.3 (HB 22-1137 reforms) which now restrict the foreclosure-trigger and collection procedure but did not displace First Atlantic's lien-composition holding.

Case record last verified May 15, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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