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

A survey of the two lots in question. Source: Pacific Legal Foundation.

In a 5-4 decision announced today, the U.S. Supreme Court held that Wisconsin could prohibit development of a subdivision lot—while allowing development on an adjacent lot owned by the same family—without paying just compensation.  The Court’s decision is a victory for states and local governments and a loss for property rights advocates. Continue Reading U.S. Supreme Court Finds No Regulatory Taking in Wisconsin Case

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.

Many of the residents selected for the Beloved Community Village have had issues getting into Denver’s shelters—there are a few couples who want to live together, a transgender person, a person in a wheelchair, and Sandra Herman, who has pets. Credit: Westword
Many of the residents selected for the Beloved Community Village have had issues getting into Denver’s shelters—there are a few couples who want to live together, a transgender person, a person in a wheelchair, and Sandra Herman, who has pets. Credit: Westword

Earlier this week, Denver approved a temporary zoning permit for a tiny-house community for homeless people, the “Beloved Community Village.” The community will include eleven 8-foot by 12-foot shelters, as well as shared kitchen and bathroom facilities, constructed for about $130,000 on Urban Land Conservancy-owned property at 38th and Walnut Streets in the RiNo neighborhood. Continue Reading Local Governments Making Room for Tiny Homes

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This past Tuesday evening, Boulder City Council voted 8-1 to extend the city’s existing moratorium barring the city from considering property owner requests to exceed the city’s building height ordinance. One of my prior posts summarizes Boulder’s building height restriction regime and the existing moratorium. The existing moratorium was set to expire on April 19, 2017; Tuesday’s vote extended that date to July 19, 2018 while keeping the existing moratorium’s other terms. In short, this extension means that unless a development is located in an exempted area or is part of an exempted project, Boulder won’t see a building over 40 feet tall constructed any time soon.