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PAGOSA LAKES PROPERTY OWNERS v. CAYWOOD

No. 97CA0115

973 P.2d 698 (1998)

PAGOSA LAKES PROPERTY OWNERS ASSOCIATION, INC., a Colorado non-profit corporation, Plaintiff-Appellee and Cross-Appellant, v. Larry K. CAYWOOD and Carol M. Caywood, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Division IV.

Rehearing Denied September 3, 1998.

Certiorari Denied April 12, 1999.

Attorney(s) appearing for the Case

Gerald Sawatzky, Pagosa Springs, for Plaintiff-Appellee and Cross-Appellant.

Hal B. Warren, LLC, Hal B. Warren, Evergreen, for Defendants-Appellants and Cross-Appellees.

Shand, Newbold & Chapman, P.C., Keith Newbold, Durango, Amicus Curiae for Fairfield Communities, Inc.

Orten & Hindman, P.C., Jerry C.M. Orten, Thomas J. Hindman, Laura J. Gibson, Denver, Amicus Curiae for Community Associations Institute, Inc.

Opinion by Judge ROY.

Defendants, Larry K. and Carol M. Caywood (owners), appeal the mandatory injunction entered by the trial court in favor of plaintiff, Pagosa Lakes Property Owners Association, Inc. (association), ordering owners to remove their manufactured home from the subdivision. The association cross-appeals the denial of its motion for attorney fees. We affirm the injunction, reverse the order concerning attorney fees, and remand with directions to award...

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