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Our Purpose

The purpose of the Mission Viejo Homeowners' Association is to advance the interests of the residents and property owners of Mission Viejo, a subdivision in the city of Aurora, Colorado, County of Arapahoe, State of Colorado by maintaining the same high quality residential areas, including the enforcement of restrictive covenants, and by initiating, promoting and improving any and all matters of mutual interest, benefit, and advantage to said area and to the persons who from time to time may be residents or owners of property in said area. 

from the Articles of Incorporation for the Mission Viejo Homeowners' Association adopted and recorded on January 29th 1975.

Annual Meeting Results

The annual meeting of the of the Mission Viejo Homeowners’ Association will took place on January 19, 2010. The HOA’s agenda talked about the Mission Viejo Library issue, proposed bylaw changes, right-of-way areas, and updated the membership on our trash service agreement with representatives from Pro-Disposal Inc.. For the results please click:

HERE

The Mission Viejo HOA Files Suit Against the City of Aurora

At the November 17, 2009 HOA Board of Director's Meeting, attended by many residents, the Board decided to retain an attorney to seek a halt against the City's proposed action to close the Mission Viejo Library. The HOA believes the City of Aurora is in breach of a 1973 agreement the City made with the Mission Viejo Company that obligates the City to furnish library services for 50 years at this location.

Click HERE to see a copy of the agreement.

On the morning of December 14, 2009 Mission Viejo Homeowners’ Association Inc.’s (HOA)’s, attorney, Robert T. Hoban of the law firm Hoban & Feola, Attorneys at Law, filed suit in the Arapahoe County District Court over the planned closure of the Mission Viejo Library. The Board and the community feel the closure of the library will negatively impact the neighborhood and that the City is obligated to abide by this agreement. The HOA holds no other intentions but to keep the library open and serviceable to our community and the surrounding area at-large

If you would like to contribute to our legal defense please feel free to make a contribution to our HOA. We are an all-volunteer, self-managed nonprofit organization. The legal defense for our actions with the library is completely unbudgeted and our resources are small. The HOA welcomes contributions to help defray our legal costs. All funds received will be kept in a separate legal account specific to this library issue. 

Click below if you would like to make an on-line contribution (via PayPal)

or  you may send a check to: the Mission Viejo Homeowners' Association Inc., 4255 S. Buckley Road, #110 Aurora, CO 80013-2951

Thank You!

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Mission Viejo Library Update:

Mission Viejo HOA Files an Appeal to Reconsider Injunction

The Mission Viejo HOA filed an appeal with the Arapahoe County Court for reconsideration of the Judge's decision not to grant an injunction. The HOA believes the Court's decision should rely not only on the merits of the breach on contract (which we have a difference of opinion on regarding the Court's reasoning that it did not have the ability to force performance on a contract from a legislative body) but to take into full consideration the City's violation of the State's Library Law which directs that a library may only be abolished with a vote by the people. The HOA does not believe the defeat of Aurora ballot question 4A constitutes compliance with this Act.

We will keep you informed on this issue as it develops.

Mission Viejo HOA Preliminary Injunction Results

What were the Results of the Hearing (Trial) on December 22nd? What does it Mean?

First of all, the Mission Viejo HOA had requested that we get a declaratory relief hearing which would have been final. Instead the Judge ruled at the beginning that the hearing was just going to be a preliminary injunction hearing. So that was a bit of a disappointment.

In the end the Court agreed that the HOA would likely prevail based on a breach of contract. The Judge also agreed that there was likely immediate harm and immediate injury suffered to the community by this breach. Ultimately however the Court chose to interpret that it did not have authority to enforce the City to perform its contractual obligations over the actions of a legislative branch of government. So our in-juncture (or temporary stop gap measure) to keep the library open pending full trial was denied based on this interpretation of judicial powers.

So, the Library will close after Dec 31st?


Unfortunately because of the judge's ruling at this time the HOA can not stop the City from carrying out its plans to close the facility after Dec 31, 2009.

What happens next?

The full declaratory relief trial is currently scheduled for March 10, 2010. In the meantime the Executive Board and the members will be discussing these results and considerations on moving forward at our annual meeting on January 19, 2010 starting at 6:30 pm at Mission Viejo Elementary School.

Thank You for Your Support and Happy Holidays!!
 


Press coverage:

Preliminary Injunction Hearing:

Denver Post:

http://www.denverpost.com/news/frontpage/ci_14053103

Aurora Sentinel:

http://www.aurorasentinel.com/articles/2009/12/23/news/doc4b317fdf0c1a2825069662.txt

 

Lawsuit Filing:

Denver Post

http://www.denverpost.com/news/ci_13991222

Council Vote December 7, 2009:

Denver Post

http://www.denverpost.com/news/ci_13949116

Aurora Sentinel:

http://www.aurorasentinel.com/articles/2009/12/08/news/doc4b1ddd41c138b797094608.txt

 

Initial Press:

Here is Channel 4's news coverage on our library closure:

http://www.cbs4denver.com/video/?id=64783@kcnc.dayport.com

Aurora Sentinel:

http://www.aurorasentinel.com/articles/2009/11/25/news/doc4b0c7b4d4d089455490374.txt

Denver Post:
Front page in Denver and the West:

http://www.denverpost.com/ci_13862138

Join Our Membership/Mission Viejo Trash Program!

The Mission Viejo HOA Trash Program provides "single stream recycling" to our residents under a voluntary single-hauler trash program. Please click HERE to sign up for the program.

 Please sign up today! 

 

Call Pro Disposal if you have any questions:303-791-3827.

 

 

Dues in Lieu of Trash Program

Mission Viejo Homeowners' Association Inc. dues are only $30 per year. Please help sustain your voluntary HOA organization that is dedicated to improving and retaining high property values. Mail your check today along with this membership information form to:

Mission Viejo Homeowners' Association Inc.

4255 S. Buckley Road, #110

Aurora, CO 80013-2951

 

or try our on-line dues payment    by clicking here.

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Copyright © 2010 Mission Viejo Homeowners Association, Inc.
Last modified: January 23, 2010