CBS Colorado Spotlights R&H in Coverage of HOA Legal Battle

Todd Creek Farms homeowners in Brighton have been in a dispute with their HOA over board decisions and landscaping contracts. The conflict has now reached U.S. bankruptcy court, raising concerns about transparency and accountability. CBS Colorado reported on the case in the story Homeowners association in Adams County says it has gone bankrupt.

“It’s been frustrating, it’s been aggravating,” said homeowner and Robinson & Henry client Edie Apke, whose property is one of 21 represented in the ongoing lawsuit against the Todd Creek Farms HOA.

A significant part of the controversy involves HOA board president Jason Pardikes. Homeowners allege that under his leadership, the HOA violated its fiduciary duties, the legal and ethical obligation to act in the community's best interest.

CBS Colorado spoke with Robinson & Henry Real Estate and Litigation Partner Peter Towsky, who represents the homeowners. He explains that the lawsuit was prompted in part by what he describes as a manipulation of board members’ terms.

“The straw that broke the camel’s back ultimately was what we call a swap of terms,” Towsky said. “In November of 2022, the president and another board member resigned, and the three remaining board members actually appointed them to each other’s terms. That effectively extended the board president’s term by two years and allowed him to avoid an election with the HOA.”

The lawsuit also claims Pardikes failed to disclose his connections to Method Landscaping Services, a company hired by the HOA for community maintenance. Towsky addressed the alleged conflict of interest.

 “You cannot have an undisclosed connection to a company that your company is contracting with. You cannot benefit from a third-party contract,” said Towsky.

“I felt there were things going on that weren’t right,” said Apke.

Apke and the homeowners hoped bank records would shed light on the relationship between Pardikes and Method Landscaping Services. But just as Towsky and his clients were closing in, the HOA made a surprise move.

“On July 15th in the morning, we get notice that the HOA filed a petition for bankruptcy,” said Towsky.

The HOA defended the Chapter 11 filing in emails to residents, describing it as a necessary step to end the costly litigation and preserve funds for essential services. However, for Towsky, the timing raised more questions than answers.

“It’s exceedingly rare for an HOA in any state, especially Colorado, to file for bankruptcy,” he said.

Now, the lawsuit is on hold while the bankruptcy court decides how to proceed. For the homeowners, that pause feels like another attempt to avoid scrutiny.

“At this point, the bankruptcy court is ultimately going to have to determine whether or not this bankruptcy petition was filed legitimately. Whether it was done because there’s actual insolvency issues or if this is a bad faith filing strictly to end a lawsuit and Jason Pardikes attempt to avoid accountability,” Towsky told CBS Colorado.

Towsky questioned why, if no wrongdoing occurred, the HOA has fought disclosure for so long.

“If they’re innocent, then why spend nearly a million dollars over the course of 27 months to defend a lawsuit that you could end with bank records?” he asked.

Homeowners worry the bankruptcy could impact property values. Towsky, who has also spoken with The Denver Post and BusinessDen about the case, said his clients remain determined to push for transparency and accountability.

You can read the additional coverage here: 

R&H Represents Homeowners in Dispute over HOA Featured in Denver Post

Partner Peter Towsky Calls for Accountability in HOA Case Featured in BusinessDen.