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

It’s no secret that rental rates in Denver are sky-high, and the multi-family apartment industry is booming. According to one study, 7,749 multi-family residential units have come online in the downtown area alone since the start of 2010, and an additional 5,039 units are currently under construction.
Continue Reading Denver Apartment Rents Still Rising, but Move-In Incentives Soar

On November 16, 2015, the Denver City Council unanimously approved the first reading of Mayor Hancock’s construction defect ordinance that we wrote about last month.
Continue Reading Mayor Hancock’s Construction Defect Ordinance Passes Important Hurdle