Landlords and HOAs with no-pet policies now have significantly more flexibility to inquire about assistance animal requests following new guidance from the Department of Housing and Urban Development.
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HOA & CCIOA
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
By Bill Kyriagis on
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.
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Update: Construction Defects Reform Bill Passes, Is Signed by Governor
By David T. Brennan on
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…
A Colorado Construction Defect Reform Bill Finally Reaches Governor’s Desk
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…
Mejor que Nada? Construction-Defect “Study Group” May Get Legislative Sanction
By Alix W. LaSalle on
Last week, the negotiations for a construction defects reform package fell apart, making it extremely unlikely that Colorado would see any state action on the issue this year – the fourth time such attempts at legislation have failed. Immediately after that failure, Senate Bill 213 was introduced, which would establish a ten-person study group appointed by State leaders.
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