I see. Thank you for clarifying the situation, Cynthia.
Dues Process and the Rules of Procedure typically requires that the defendant in a suit be personally served with the summons and complaint so they have a reasonable opportunity to respond and defend in the case.
Since this did not occur in your case, you can typically file a motion with the court to set aside the judgment/order or vacate it for lack of service and due process. An appeal is not typically necessary under these circumstances, which is good news for you since it is much less costly to pursue a motion to set aside than an appeal.
But you should retain a local attorney where the case is pending, a real estate
law attorney who handles HOA litigation, not just transactional work. Here is a link to the Denver Bar Association
's website to obtain attorney referrals if you need one:
Once the order is set aside, then you can typically appear and defend in the suit and a separate suit against the HOA would not be necessary.
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!