2001 Beaver Creek Point Association, Inc.

2001 Beaver Creek Point HOA is a five-home residential association located in Avon, Colorado. This website provides independent, public information about Beaver Creek Point HOA, including court rulings, governing documents, HOA structure, dues history, and factual analysis intended to improve transparency for homeowners, buyers, and researchers.

Legal Notice:

This is an informational website that gathered public and other documents concerning the 5 single family Planned Unit
Development in Avon Colorado and 2001 beaver creek point HOA, INC (the HOA). It does not provide legal, real estate, or financial advice. The goal is to improve transparency regarding court rulings, governing documents, and possible financial impacts. It is suggested that you contact your own adviser or A1 to analyze the download documents you find below.

Current Litigation Status:

Initially, on 8-21-2018 the HOA sought an injunction, which was denied by the district court Judge Jonathan K. Shamis on 4-3-2023. Subsequently, on 7-24-2025 the appellate court affirmed the denial and remanded the case to the district court for Judge Shamis to determine the prevailing party and attorney fees.
After Judge Shamis’s ruling, Malahide LLC filed a declaratory relief action to obtain approval of a solar project. Pursuant to C.R.S. § 38-30-168(2)(a)(I)(C) (2024), the HOA did not act on the application within the required 60-day period, and the project may therefore be deemed approved by operation of law. That matter remains pending before Judge Dunkelman.
On May 10, 2022, the HOA recorded a lien in the amount of $6,457.25 against the property located at 2001 Beaver Creek Point HOA. On March 29, 2024, the HOA issued an invoice totaling $106,700.48 in legal fees to David Scherpf, who is now deceased.
An Affidavit of Death was recorded on August 11, 2023, following the death of Mary Ann Scherpf. Chris Scherpf is currently making monthly payments of $50.
Questions remain as to whether the HOA or the home owners control maintenance repairs and replacement, including landscaping and is assessing dues for services not rendered, which may be inconsistent with governing documents and applicable law.
In addition, the question of damages remains unresolved. Potential damages may include, without limitation: increased construction and material costs resulting from nearly eight years of delay; increased utility and energy costs due to the inability to implement the solar project; loss of use and enjoyment of the property; diminution in property value attributable to the HOA’s prior and ongoing actions; opportunity costs; and emotional distress or mental anguish associated with prolonged litigation and uncertainty.

2001 Beaver Creek Point HOA Structure & Responsibilities

The Association consists of five single-family homes, each on its own fee-simple lot. The governing documents state that a quorum is 20% of the owners, which means a single household may constitute a quorum in this five-home HOA.

Common Elements

Research and court analysis indicate the association does not own or leases any common elements. Under Colorado law, a Common Element must be owned or leased by the HOA; the Beaver Creek Point Association owns nothing. The HOA may have easements that provided specific limited rights.

Essential Fact

2001 Beaver Creek Point HOA Maintenance Assignment & Expense Sharing Ratio

Crucial Fact: As a result of the original build-out, the developer may have assigned all maintenance responsibility to individual homeowners.

File: AI analysis of Governing documents – easements and who controls the easements emailed to HOA B

the 1999 Declaration Section 9.1 (C) “The Association reserves the right to grant the maintenance responsibility of certain areas on each Residential Unit to the Residential Unit Owner, and the Residential Unit Owner is obligated to accept said maintenance responsibility, provided said assignment is done in a uniform and nondiscriminatory manner. Furthermore, the Association shall have the right to promulgate reasonable rules and regulations regarding the maintenance by the Owner.”

This was finalized in the 2002 Rules and Regulation §2.2 “Each Owner or tenant of a Residential Unit shall keep the exterior surfaces and landscaped areas of the Residential Unit in a good state of repair and appearance.”

Declaration Section 11.5 Anticipated that all members did not have to participate in group activities. “Each Owner shall be responsible for that Owner’s share of the Common Expenses, which shall be divided among the Residential Units on the basis of the Sharing Ratios in effect on the date of assessment, subject to the following provisions. All expenses (including, but not limited to, costs of maintenance,repair, and replacement) relating to fewer than all of the Residential Units to the extent not covered by insurance shall be borne by the Owners of those affected Residential Units only. The formula establishing Sharing Ratios is an equal allocation among all Residential Units.

See the attached AI analysis of the governing documents

2001 Beaver Creek Point HOA Judicial Findings & Rulings

Summaries of key rulings regarding the HOA’s conduct and project rejections. Importantly, these rulings provide context for how HOA authority was interpreted by the courts.

most important

AI Appellate Court Ruling (July 24, 2025) Summary

Crucial Fact:

Affirmed the finding that the HOA acted arbitrarily and capriciously.
Found that rejections were based on pretextual reasons without reviewing plans.
Reversed the trial court’s dismissal of defendant Malahides’ counterclaims and requested specific findings.

AI analysis of Shamis indicates Malahide was truthful but the HOA was not

most important

AI District Court Ruling (April 3, 2023) Summaries

Crucial Fact:

It appears that the district court indicated that the HOA was dishonest, deceptive, made Arbitrary and Capricious decisions
Indicated there are no view corridors

AI analysis of Shamis indicates Malahide was truthful but the HOA was not

AI Two courts and HOA attorney confirmed there are no defined view corridors

District Court Ruling (April 3, 2023)

District court denied the HOA’s Injunction lawsuit
Ruled the HOA acted arbitrarily and capriciously.
Noted that the 2007 Amendment narrowed and limited HOA authority

findings of fact conclusions of law and judgment

Appellate Court Ruling (July 24, 2025)

Upheld the denial of Injunction the HOA sought
Remanded the case back to the District Court to determine who won and legal fees.

2025.07.24 Court of Appeals Opinion-V1

For additional legal context, see Colorado Common Interest Ownership Act (CCIOA) guidance published by the State of Colorado.

Analysis: Of the District court findings of Views & "View Corridors"

Views Not Blocked

“The Association’s decisions to reject Defendant’s proposal were predicated in part on preservation of views… however… pine and aspen trees obstructed all views within the location of the proposed plan.”

— Eagle County District Court, April 4, 2023

No Defined Corridors: However, the Court indicated that view corridors are mentioned in the Rules and Regulations but are not defined in the governing documents.
Surveyor Testimony: Additionally, original project surveyor Brent Biggs and architect Roger Day confirmed they did not locate any established view corridors.
Appellate Affirmation: Therefore, the Court of Appeals agreed the proposed addition would not significantly impact views or privacy.

AI ANALYSIS OF COURT FINDINGS ABOUT VIEW CORRIDORS

Views Gallery

CLICK ON PICTURE TO ENLARGE AND ARROW TO NEXT PICTURE ↓

Beaver Creek Point HOA Dues & Operating Expenses

A historical comparison showing the shift in HOA financial management and expense allocation.

Period	Annual Dues	Operating Expenses	Voting Participation
2016 – 2018	$2,500	Under $12,000	All 5 Owners voted
2024	$9,000	Under $14,600	Limited to 3 Board Members

Historical HOA Dues Overview

Expense Note: Despite only approximately 20 bills annually, expenses more than doubled due to the hiring of property management companies, a bookkeeper, and multiple attorneys.

HOA Dues Comparison Summary
From 2016–2018, annual HOA dues were $2,500, while total operating expenses were under $12,000. During that period, all five owners participated in voting on decisions as had been done for 18 years.

Changes in Voting and Expense Approvals

By 2024, annual dues had increased to $9,000. However, operating expenses remained relatively modest at under approximately $14,600. Meanwhile, voting participation shifted so that only three board members consisting of Hugh Joyce (President), Paul Nowak (Treasurer), and Lisa Curry (Secretary) approved major expenditures.

These board members approved the hiring of a property management companies, multiple attorneys, and bookkeeper more than doubling HOA expenses, despite the fact that Malahide made the HOA bank accounts fully viewable by all members, showing approximately 20 bills annually for landscaping, snow plowing and asphalt maintenance.

Board Minutes and Member Participation

Minutes
Board of Directors After 1-13-2018 all important matters were supposed to be vote on by all 5 members but this did not occur after Joyce was elected president. See minutes of the 1-7-2017 and 1-13-2018 minutes

Governing Documents

Public HOA governance standards may also be reviewed through Colorado state and county recording offices.

6 downloadable files available:

Declaration (11-23-1999)
Bylaws (10-23-2002)
Rules & Regulations (10-23-2002)
Clarification Amendment (8-29-2007)
2007 Recorded Amendment (Clarification Amendment with green and Red the Original Declaration)

Current Board Members

Hugh Joyce (President): Primarily resides in Virgina in Avon about 14 days per year.
Paul Nowak (Treasurer): Primarily resides in Utah, rented the last 3 years
Lisa Curry (Secretary): Primary resident. In the PUD

Estimated Possible Damages Inflicted By HOA’s Numerous False Allegations already total about 5.5 Million.

Property Values (CMAs)

Current market analysis for the five properties within the HOA composed in December 2025 by a local Real Estate Broker that has an MBA degree.

Address	Size (sq. ft.)	Configuration	CMA	Owner
2001 Beaver Creek Point	4,191	4 Bed / 4.5 Bath	$ 2,208,657.00	Scharpf (Deceased)
2003 Beaver Creek Point	3,780	3 Bed / 3.5 Bath	$ 1,879,920.00	Nowak Trust
2011 Beaver Creek Point	4,584	4 Bed / 4.5 Bath	$ 2,283,749.00	Malahide LLC (Ruemmler)
2013 Beaver Creek Point	3,723	4 Bed / 4.5 Bath	$ 1,854,799.00	Joyce
2019 Beaver Creek Point	3,981	4 Bed / 4.5 Bath	$ 2,120,546.00	Currey