An HOA that lost by default could not get early review — and the reason is instructive
An HOA that lost by default could not get early review — and the reason is instructive
2026-09-10 · Colorado · Courts
A Colorado homeowners association had a default judgment entered against it, failed to get it vacated, and tried to appeal immediately rather than wait for final judgment. The Court of Appeals denied the petition — and published the order, which is unusual and is why it is worth reading. Miller v. Bullock, 2025 COA 35, was announced March 27, 2025 by Division A, per curiam. Petition denied.1
There is effectively no mid-case escape hatch from a default judgment against an association where other claims or codefendants remain.
The three requirements, and how the petition failed each
Interlocutory review under C.A.R. 4.2 and C.R.S. § 13-4-102.1(1) requires all three of: (1) that immediate review may promote a more orderly disposition or establish a final disposition; (2) that the order involves a controlling question of law; and (3) that the question is unresolved.
On the first, the association argued reversal would let the case proceed “more fairly and efficiently” to trial. That does not satisfy the requirement where causation and damages against the association remain to be tried and claims against a codefendant remain in the case. Interlocutory review is not appropriate if other defendants and other claims are still live.
On the second and third, the association cited “numerous Colorado cases regarding default judgments” — which affirmatively defeated both requirements. A question governed by existing case law is neither controlling-and-unresolved, nor was it pleaded as such.
The division faulted the association for not even asserting the second and third elements.
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Related Colorado HOA Topics
- Miller v. Bullock, 2025 COA 35 (Colo. App. Mar. 27, 2025) — published order denying interlocutory review (source of the three-requirement analysis) ↩
- Colorado Court of Appeals case announcement sheet, March 27, 2025 ↩
- Elk Creek Ranch Owners Association v. Elk Creek Ranch Development, Inc., 2026 COA 58 (Colo. App. July 9, 2026) — the fee-award finality holding ↩
- State Farm Fire & Casualty Co. v. Webb, No. 24-1096 (10th Cir.) — order and judgment on claim-contingent defence for an HOA director ↩
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