David Brewster, a summer law clerk with Otten Johnson, authored this post. David is a rising third-year law student at the University of Denver Sturm College of Law.

Rapid population growth and lagging infrastructure development in the Denver Metro Area are re-energizing a debate between advocates of long term growth strategies and “slow-growth” advocates. Recently, a Lakewood-based grassroots group known as Strategic Growth for Lakewood submitted more than 7,500 signatures supporting a growth management initiative for the upcoming general election. The initiative’s proposed ordinance would limit new residential unit developments to 1% of exiting units in a given year. Additionally, the ordinance would require City Council approval and public hearings for projects of 40 or more residential units. Continue Reading Revitalizing a Rocky Mountain Debate: “Slow-Growth” Strategies v. Long-Term Planning

As previously reported on this blog a Colorado Court of Appeals decision in 2015 allowed a developer/declarant to retain a right to consent to amendments to a common interest community’s declaration that require arbitration of construction defect claims.

The Colorado Supreme Court has now weighed in on the case involved, which is known as Vallagio at Inverness Residential Condo. Ass’n v. Metro. Homes, Inc., affirming the decision of the Court of Appeals.

Vallagio involved a residential development in which the declaration, created pursuant to the Colorado Common Interest Ownership Act (“CCIOA”) included certain dispute resolution provisions, including an arbitration requirement.  The dispute resolution provisions also stated that those provisions could “not ever be amended without the written consent of the Declarant,” who was the developer of the project. Continue Reading Colorado Condominium Construction Defect Issue: Colorado Supreme Court Affirms the Right of Declarants for Condominium and Other Common Interest Communities to Require Binding Arbitration of Disputes

Rows of tiny houses await final construction details from volunteers.
Rows of tiny houses await finishing touches from volunteers, which include future residents.

About two weeks into construction, the “Beloved Community Village” is taking shape on an otherwise vacant lot near 38th and Brighton. According to the group organizing volunteers for the build, the project for people experiencing homelessness currently has more volunteers than work, but encourages those who want to help to drop by with snacks, a donation, or just to say hi. As covered in an earlier blog post, the community will include eleven individual shelters, as well as shared kitchen and bathroom facilities.

Late last month, we told you about an important bill introduced in the Colorado General Assembly.  The bill had passed in the Colorado House of Representatives, and was headed for the Senate.  It was drafted to address the sharp decrease in condominium construction in this state, caused by developers’ fear of construction defect claims brought by condominium homeowners’ associations.  A description of the bill can be found in our original client alert here.

An update:  The bill has become law.  The Senate passed HB 1279 on May 4, and sent it to the Governor’s desk for signature.  Governor Hickenlooper signed it Tuesday, May 23, amid celebration from legislators and reform advocates.  As we noted last month, the bill “is not a complete ‘fix’ for the condominium construction issues, if such a fix even exists,” but it is widely considered a good first step.

In our April Client Alert, we reported on a possible breakthrough in construction defect reform legislation, which had passed the House and was moving to the Senate.  The Colorado Senate has now unanimously approved House Bill 1279, and sent it to Governor Hickenlooper, who is expected to sign the bill.  HB 1279 was one of six bills introduced this year in an effort to address the dearth of condominium construction in Denver.  It is the only bill to reach the Governor’s desk, and the first bill in four years of effort to make substantive changes to the existing construction defect law in Colorado.