The seven Centennial condo buildings are constructed cheaply in six months. First water intrusion problems and first repairs done in 1987.

1984, May – November
Sam Brown builds all 92 owner units and most of the rental units in 6 months.

1987

First problems with water intrusion become evident and the first repairs were done.

1987 – 1990

Many windows replaced and caulking added.

Expert analysis reveals “extreme water damage” in a few condos. Water leaks are repaired. HOA installs roof overhangs on all buildings to stop water damage. HOA increases dues to pay for repairs.

1991, February

A resident in Teal Court, Bud Eylar, discovers “a substantial amount of water coming through the ceiling in the storage room.” The HOA repairs the problem in September 1991.

1991, April

Summers Properties West finds in one condo “poor or non-existent caulking…and that no roof overhangs…has led to chronic water intrusion, melting sheetrock and celotex…{plus} the beginnings of dry rot with long term structural damage potential.”

1991, August

Expert analyses from building consultants in Basalt reveal “extreme water damage” and other major design and construction flaws primarily causing water intrusion in several units. James Wilson Building Consultants examine the damage at a partially exposed section of the exterior wall and measures are taken to remediate the problems.

1991

Letter from the HOA: “We have a ventilation problem in addition to a moisture infiltration problem which is causing dry and wet rotting of the wood structure in some locations…The source of the problem includes lack of roof overhangs; lack of exterior caulking around windows and doors, interior moisture from baths, washers…not being vented to the outside…lack of adequate ventilation on crawl and attic spaces.” HOA increased association dues 15% to pay for repairs.

1991 – 1994

HOA uses some of its large capital replacement reserve and increased assessments to pay for repairs.

1992

Building consultant provides initial assessment of water damage, repairs needed and cost estimates. HOA requires all owners to add exterior vents for all dryers. They also replace numerous windows and caulk around the doors and windows.

1992, November

The HOA board told owners, “The design of the Centennial roofs (without any overhangs) are promoting major damage to the siding and structure due to water infiltration. Eventually the moisture finds its way behind the siding and sheathing. The result has been considerable damage, without visible evidence to the interior or exterior.”

1993 – 1994

HOA pays Pacific Sheet Metal to install a roof overhang system on the south side of all buildings and tests it over the winter before adding the system on the north side. The system “seems to be working very well and keeping the siding and window areas dry.” As a result “the buildings are holding up very well”.

HOA pays for extensive emergency repair projects to try to correct design issues by adding vents to attics and crawl spaces.

1995 – 1999

Three more building inspection reports reveal that there was above normal wear and tear on the buildings "primarily due to design deficiencies." Experts say that efforts to mitigate the design problems should be effective, although failed window seals continue to be widespread.

Early efforts to mitigate damage initially appear effective. But nine years later, more analysis from engineers, mold experts etc., reinforces earlier reports of the cause as poor design. 2009 studies identify mold, rot and decay, wet siding and drywall, rotten plywood, joists and floor beams, no vapor wall, fire wall or drywall in places.

2000 – 2006

Water leaks continue along with emergency repairs on units, but the roof overhang system appears to be somewhat effective in warding off more extensive repairs for a few years.

2008

HOA discusses a Special Improvement District to fund upcoming capital expenses.

2009

A homeowner, Judy Norman, reports a major water leak, triggering a series of investigations.

2009, August

Soffit leaks and flashing installed in places. Resource Engineering Group removes the siding to access a water problem. They discover for the first time that “the moisture damage observed is primarily from poor design and poor installation of flashing and other water roofing details, not a lack of maintenance. The wall assembly cannot properly dry out between moisture events. This condition has been largely masked for over two decades by the choice of redwood for siding…{because redwood} is naturally very resistant to moisture damage and therefore effectively hid the issues within the structure, resulting in the possible widespread damage currently in place.”

The Resource Engineering Group’s August Hasz recommends $10M in repairs to make buildings structurally sound. The City contracts opposing studies and claims that $650K in repairs is needed.

2009, Fall

Mold inspectors, engineering firms and building contractors gather core samples and thoroughly analyze the source of the moisture problems. They produce six reports and financial estimates with photos on the condition of the buildings.

HOA engages with City Council and staff for assistance and possible shared resolution. Dozens of meetings are held. Assistant City Manager Barry Crook obstructs the process and provides false and misleading information to Council and the press.

2010, March

Z Group Architects conduct Centennial Improvement Study to determine fixes for the inadequate construction, design flaws and value engineering found by the 2009 analysis.

2011

City hires Building Sciences Corporation to investigate, photograph and analyze buildings for water damage issues.

HOA engages with City to find a shared solution. former Assistant City Manager Barry Crook misleads staff about Centennial’s history and problems. City hires Athen Builders; finds $3.24M in needed repairs. Crook provides an unreasonable proposal. HOA counters with extensive documentation to officials. Council gets involved. Talks break down.

2013

City hires Athen Builders to produce a comprehensive cost estimate and repair plan. They find $3.24M in necessary repairs, corresponding with a capital reserve study from APCHA.

2014

After being presented with an unreasonable proposal by Barry Crook and City staff, the HOA board provided extensive documentation, studies and analyses to a joint session of the BOCC and City Council. Following the presentation, City Council recognizes that City, County and APCHA have responsibility for these repairs and directs City staff to come up with a better solution for the homeowners. City staff comes back to Centennial with the exact same proposal previously presented by Crook.

HOA hires an attorney. Nothing is accomplished in six months of talks. HOA files lawsuit. Legal battle ensues. Some claims dismissed. Provision remains that would reform or rescind the deed restriction. County drops out of discussions. Covid-19 halts all communication.

2015, February

HOA hires attorney David Bovino who spends 6 months meeting with City staff and officials. Nothing is accomplished because of the misinformation the City received from Barry Crook and his false claims that homeowners were neglecting their property.

2015, December

Lawsuit is filed out of desperation and lack of options.

2016

The City, County, and APCHA move to dismiss the lawsuit.

2017, October

On October 2, the Court dismisses three of the HOA’s claims based on the Colorado Governmental Immunity Act, holding that the defendants were immune from suit without addressing the merits of the claims. The Court upholds the HOA’s claim that the deed restrictions should be reformed or rescinded because they had become unreasonable over time and prevented the HOA from itself financing the necessary repairs. Both sides appeal.

2019, August

After reviewing the claims for 18 months, the Colorado Court of Appeals affirms the 2017 ruling by the district judge, who had dismissed the first three claims.

2019, October 22

In effort to avoid more expensive litigation, the HOA and the City enters into an agreement to stay the lawsuit and jump start settlement discussions. All parties meet on November 6, 2019, and the City/County agrees to form a small group to look at the issues and orders an updated repair estimate from Athen Builder.

2020, February – November

An updated repair estimate is obtained in early 2020. Defendants decline or ignore several requests to meet. County drops out of active discussions. COVID-19 hits and all discussions stop for the balance of the year.

Multiple attempts by HOA to tell the story of its history and to restart conversations result in a proposed concept by the City, two meetings with staff and an incomplete proposal from the City to purchase Centennial’s parking lots and open space for more housing. HOA struggles to get details from City. Majority of homeowners reject City’s proposal due to neighborhood density and an inadequate price.

2021, January - April

HOA begins meeting with the City Attorney to jumpstart discussions with staff. City staff tells HOA they are meeting internally to discuss options. HOA provides the solution it proposed in 2014—to have the City pay for the repairs and increase resale cost if they want to recoup the expenditure—which was again rejected. Multiple requests were made by the HOA. Legal stay is continued.

2021, June

City has an executive session with Council to get the okay to proceed with a settlement concept proposal to the HOA.

2021, July 14

City’s top staff meets with HOA to briefly discuss a basic concept for settling the lawsuit. HOA board is presented with a minimal area map highlighting sections of land they proposed to buy from Centennial.

2021, October 28

At the HOA’s request, a second meeting occurred with the City staff plus County manager to discuss potential solutions, share HOA’s concerns and request a formal proposal with price. County manager disputed HOA’s documentation of design flaws and HOA mitigation, claiming to have a document which disproved most of the historical facts. This conversation is not productive as government staff continue to believe inaccurate information.

2021, December - 2022, April

After numerous requests for more details and answers to questions, City delivers a written proposed concept to purchase open space and parking lots to build more housing. HOA responds with numerous questions for clarity.

2022, May 6

HOA receives a site plan from the City for its proposed purchase of land followed by a site visit at Centennial to review drawings with Assistant City Manager Scott Miller.

2022, July

HOA responds to City’s proposal with 5 conditions of approval regarding parking, open space, construction timing, ownership and a price that covers all repairs.

2022, August

Athen Builders updates repair estimate to be $9 – $11 million.

On August 23, the City meets in executive session with Aspen City Council to present HOA’s responses on its proposed conditions. It sends an official letter with responses to HOA’s 5 conditions and a proposed settlement.

2022, September 19

Official HOA meeting to present the City’s offer and vote on next steps. After extensive discussion, a majority of homeowners reject the City's offer because they do not find it to be a reasonable solution for multiple reasons. Most felt it was unacceptable to sell the parking lots and other space, only to be further encroached on by what could be more poorly-constructed housing. Additionally, the price was insufficient to cover the updated estimated cost of repairs and City will not agree to have current Centennial homes repaired before they begin construction.

2023, February

Centennial HOA begins a community awareness campaign to tell its story on its history, and it lifts the stay on the lawsuit. The HOA hopes to engage in meaningful, productive and fact-based conversations with City and APCHA representatives to work toward a solution.