Use of Attorney to Threaten and Falsely Accuse

There are many examples I could give of duplicitous actions by the HOA Board at Hampden Court 80231, but this latest goes way beyond the pale. This month there was a water leak in my kitchen. I contacted my Homeowner's Insurance who sent out a mitigation company to assess and stop the leak if possible. The water was turned off in the kitchen, and then three days later a plumber was able to fix the leak. There are still paper towels under the sink that prove there is no more leaking. I did not hear from the renter or the owner in the unit below me, so assumed that the only damage was to my unit. I attended a virtual HOA Board meeting on January 24, 2024 and no one brought up anything to me about a water leak. There was no attempt by the HOA to contact me to set up a time to inspect the water leak at all. To my utter dismay, I received a PDF email letter from an attorney claiming to represent the HOA, making false statements that I had refused the HOAs attempt to enter my Condominium, and threatening me with financial harm if I did not allow them in on February 1, 2024. A simple phone call and an attempt to set up a time to look at the area by a plumber of their choice would have been very easy, but instead they decided to lie and act like this was their second attempt to reach me and inspect my Condo. This kind of threatening and dishonest communication is very disturbing.

Here is a copy of the Attorney's letter (remember there are false accusatory statements along with threats of finacial harm):

WRITER’S DIRECT DIAL:(720) 550-7280
E-MAIL: ACHIRLIN@SJJLAWFIRM.COM
REPLY TO: Colorado Office
WWW.SJJLAWFIRM.COM

January 29, 2024

SENT VIA EMAIL
musecal2@gmail.com

Paul David Grundy
3480 S Akron St, Unit 10
Denver, CO 80231
Re: Hampden Court Condominium Association, Inc.—Water Loss at 3480

S Akron St, Unit 10

Our File No.: 13179
Dear Paul David Grundy:
Our office represents Hampden Court Condominium Association, Inc. (the “Association”),
which governs the common interest community known as Hampden Court Condominiums
(the “Community”). The Association has requested that we contact you regarding the water
loss at your unit located at 3480 S Akron St, Unit 10, Denver, CO 80231 (the “Unit”). Please
direct all communications regarding this issue to our attention.
As the Unit is located in the Community, you and it are bound by and subject to that certain
Declaration of Covenants, Conditions, and Restrictions Establishing a Plan for Condominium
Ownership of Hampden Court Condominiums (the “Declaration”). Unless otherwise defined
in this letter, initially capitalized terms or those defined in the Declaration shall have the
same meaning herein.
The Declaration, among other things, identifies and establishes the maintenance
responsibilities of the Association and of the Owners. Generally, Owners are responsible for
maintaining and repairing their units and appurtenant Limited Common Elements, while the
Association is responsible for all other Common Elements not located in a unit. Declaration,
§§ 10.1; 10.2. The Declaration further provides, in relevant part:
Section 6.7. Access to Units for Maintenance, Repair, and Emergencies.
The Owners shall have the irrevocable right to be exercised by the Managing
Agent, Board of Managers of the Association or their delegated
representatives, to have access to each [u]nit from time to time during
reasonable hours as may be necessary for the maintenance, repair, or
replacement of any of the Common Elements therein or accessible therefrom.

Paul David Grundy
January 29, 2024
Page - 2 -

Such right of access shall be immediate for the making of emergency repairs
therein in order to prevent damage to the Common Elements or to another
[u]nit. The Association shall also have all the foregoing rights independent of
any agency relationship....
Declaration, § 6.7. The Association therefore has the immediate right of entry to any unit in
an emergency in order to prevent damages to the Common Elements or another unit and,
furthermore, has the right of entry to any unit in order to make maintain or repairs to the
Common Elements.
As you know, a recent water leak was identified to be coming from your Unit. When the
Association attempted to gain entry to the Unit to mitigate damages and identify the scope
of damages, you improperly denied the Association access. This refusal to allow entry was in
violation of the Declaration. The Association now requires entry to the Unit in order to assess
the damage to the Common Elements, which it is responsible for repairing. You do not have
the authority to prohibit the Association from fulfilling its maintenance obligations under
the Declaration and, as such, do not have the authority to prohibit its contractors from
entering the Unit to assess the damages to and make repairs to the Common Elements. If any
damages are determined to be due to your prior failure to permit the Association access to
the Unit, the cost to repair said damages will be assessed back to your Unit pursuant to the
Declaration. Id.
The Association’s contractor will return to the Unit on February 1, 2024 between 11:00
AM and 1:00 PM MT to determine the scope of damage to the Common Elements. If you
again prohibit the Association access to do so, the Association will consider this a violation
of the Declaration and will take enforcement action consistent with its covenant enforcement
policy. Additionally, the Association may return to the Unit with law enforcement in order to
ensure its access to the Unit and, if such action is necessary, will assess all related costs
against the Unit in accordance with Colorado law. See C.R.S. § 38-33.3-123(1)(b). We hope
these additional steps to complete the project will not be necessary.
Thank you for your attention to this matter and please contact me with any question.

Very truly yours,
SMITH JADIN JOHNSON, PLLC

Alyssa E. Chirlin
Attorney At Law