Soaring Eagles homeowners’ counterclaims against RowCal

What the records show

After the HOA sued over a hail-repair assessment, homeowners filed counterclaims alleging improper insurance coverage, contractor selection and disclosures. Their pleading includes claims against RowCal management and construction entities. [S44]

Limits of this entry

The November 7, 2025 counterclaims and October 16 amended complaint were obtained as exhibits filed by RowCal in bankruptcy on August 19, 2026. They establish what the parties pleaded, not who prevailed. RowCal’s state-court answer, any later amended pleadings and the present state docket remain missing. The counterclaims reference a declaration exhibit that is absent from this copy. The precise original state-case filing date is not independently confirmed.

Claims directed at RowCal

Declaration concerning the management contract

The first claim seeks a declaration that the management contract is wholly or partly unenforceable, alleging that its contractor restrictions conflict with public policy. This is a requested declaration, not a ruling. [S44] ECF 41-2, pp. 21–24, ¶¶ 103–122

Derivative breach of the management contract

The third claim alleges that RowCal Management breached its contract by directing the HOA toward RowCal Construction and failing to act in the community’s interests concerning insurance, price and disclosures. The homeowners bring this claim on the community’s behalf. [S44] ECF 41-2, pp. 26–28, ¶¶ 136–150

Unjust enrichment against both RowCal entities

The fifth claim alleges that both RowCal entities benefited from contracts at the community’s expense and that roof repairs were overpriced by $2,199,512.22. The figure is the homeowners’ allegation, not a court valuation or award. [S44] ECF 41-2, pp. 29–30, ¶¶ 165–175

Breach of the management contract

The eleventh claim alleges that RowCal Management acted against the HOA’s interests by requiring its contractor at a price the homeowners say exceeded market rates by more than $2 million. [S44] ECF 41-2, pp. 35–36, ¶¶ 212–223

Good faith and fair dealing

The twelfth claim challenges RowCal Management’s use of contractor-selection discretion and alleges self-dealing in choosing RowCal Construction. [S44] ECF 41-2, pp. 37–38, ¶¶ 224–240

Allegations and relief requested

Insurance and disclosures

Homeowners allege that the HOA’s insurance deductible conflicted with its governing documents and that RowCal did not disclose known hail damage and a potential assessment in information supplied to purchasers. [S44] ECF 41-2, pp. 10, 14–19, ¶¶ 11, 37–88

Lower bids and threatened litigation alleged

The pleading alleges another roofer bid $1,405,973.66 and that RowCal threatened litigation if the HOA used another contractor. The other bids and correspondence are not established independently by this pleading. [S44] ECF 41-2, pp. 13, 16, 19–20, ¶¶ 29–31, 55–56, 83, 90–94

Requested orders and jury trial

Homeowners seek declarations about the insurance and assessment, relief concerning the management contract, damages, an order stopping assessment collection and returning collected amounts, compliant insurance, fees and costs. They demand a jury on triable claims. No such relief is established as granted. [S44] ECF 41-2, pp. 39–40, ¶ 250 and prayer

Other parties’ positions in the reviewed record

The HOA’s amended complaint

The HOA seeks a declaration that its governing documents authorize the special assessment and that owners must pay. It contends that insurance satisfying the declaration’s deductible limit was not reasonably available. It also asserts a defamation claim against one homeowner. [S43] ECF 41-1, pp. 11–15, claims and prayer

RowCal’s bankruptcy position

In its later bankruptcy motion, RowCal states that most owners paid, eighteen did not, the repairs passed inspection and it was not fully paid. This motion is available, but it is not RowCal’s answer to the state counterclaims. [S42] ECF 41, pp. 3–5, ¶¶ 7–18

Source limitations

Preserved differences in the pleading

The caption and body do not list identical homeowners. Claim headings jump from ninth to eleventh, and assessment figures vary slightly. This entry preserves the source and uses an approximate assessment amount in its plain-language summary. [S44] ECF 41-2, pp. 1, 8, 15, 25, 34–35, 38

Read the court documents

Redacted public copies. Private contact and identification details and handwritten signatures are removed where present. Original page numbers are retained; OCR text may contain errors.

• Soaring Eagles homeowners: verified answer and counterclaims (ECF 41-2) (PDF)
• Soaring Eagles v. Precision Family Trust: amended complaint (ECF 41-1) (PDF)
• RowCal Construction: motion for limited stay relief (ECF 41) (PDF)
• Soaring Eagles: debtor’s pre-status conference report (ECF 46) (PDF)

Related proceedings

These records concern the same community dispute; the entries are separate proceedings, not separate findings of wrongdoing.

• Soaring Eagles HOA bankruptcy and RowCal claims
• RowCal Construction v. Sheppard and other property owners

Documented timeline

1. Oct 16, 2025
   Amended complaint filed

   The HOA’s amended complaint seeks assessment-related declarations and relief.

   [S43] ECF 41-1, pp. 1, 14–15
2. Nov 7, 2025
   Answer and counterclaims filed

   The state filing stamp records the homeowners’ verified answer and counterclaims, including claims against RowCal and a jury demand.

   [S44] ECF 41-2, p. 1 state stamp; pp. 39–43
3. Aug 19, 2026
   Pleadings attached to bankruptcy motion

   RowCal attached the state amended complaint and homeowners’ counterclaims to its stay-relief motion.

   [S42] ECF 41, pp. 3–4; Exhibits A–B

Sources for this entry

Next record to obtain

Obtain the current El Paso County register for 2025CV32121, RowCal’s answers/responses, later amended pleadings, missing declaration and other exhibits, and any dismissal, merits, settlement-related or final orders.