In October of 2022, the Colorado Court of Appeals, Division VII rendered an opinion in MLS Properties LLC v. Weld County Board of Equalization. While this case is the first to reach the Colorado Court of Appeals, there were, at the time, twelve similar claims pending throughout Colorado. In these cases, the most notable issue was how to interpret C.R.S. 39-1-104(11)(b)(I), which allows a taxpayer to have their property revalued by the county assessor to account for “unusual conditions” (the “Unusual Conditions Statute”).Continue Reading Property Taxes and Unusual Conditions
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3D Printed Houses: The Potential for Positive Change in the Housing Industry
By Seth B. Weiland on
3D printers are already being used across industries to produce a number of products. A quick Google search provides an astonishing number of uses. One industry to keep an eye on is the housing industry and the use of 3D printers to build houses on-site.
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COVID-19 and the WELL Building Standard
By Brittany Wiser on
Posted in Commercial Real Estate, Real Estate Development
Now that states are starting to lift Stay at Home orders and people are beginning to return to work, many are concerned about the health and safety of their workplace environments. A recent article suggests that the COVID-19 pandemic will spur innovation and investment in healthy buildings. In January 2019, I wrote an Alert about…
Boulder to Grow Open-Space Network with Purchase of $9.5 million Parcel
By Kyle R. Blackmer on
Tuesday evening the Boulder City Council unanimously approved the $9.5 million purchase of the 615-acre parcel located at 4536 N. 95th St. (pictured below) to add to the city’s 45,000-acre open space network. The parcel is the fourth most expensive open-space parcel purchased by the city, will be one of the largest, and will become…
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.
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