Category: Colorado Community Association Law


Rental Caps: The Good, The Bad and the Ugly

Written by: on Tuesday, August, 15th, 2017

A rental cap is a mechanism put in place to limit the number or percentage of units which may be rented at any one time in a community.  While not every community needs, wants, or should have a rental cap in place, before you spend the time and money on getting one drafted and approved [Read More...]

It’s a Bird, It’s a Plane….Actually, It’s a Drone!

Written by: on Friday, June, 16th, 2017

Drones are everywhere. The government uses drones, Amazon.com uses drones, weather forecasters use drones, and, low and behold, homeowners use drones. The question then becomes what, if anything, can an association do to regulate drones? Airspace Ownership Historically, a property owner was deemed to have purchased the land from the center of the earth up [Read More...]

Supreme Court Rules in Vallagio: NO AMENDMENT FOR YOU!

Written by: on Wednesday, June, 7th, 2017

This week, the Colorado Supreme Court announced Vallagio at Inverness Residential Condo. Ass’n v. Metro. Homes, Inc., 2017 CO 69, holding (1) the Colorado Common Interest Ownership Act (“CCIOA”) permits a developer–declarant to retain the right of consent to amend a common interest community’s declaration; and (2) the Colorado Consumer Protection Act does not prohibit [Read More...]

WAIT…WE NEED LENDER APPROVAL ON OUR AMENDMENTS?

Written by: on Tuesday, May, 16th, 2017

By: Jennifer L. Keenan So you’ve gone through months, if not years, of hard work with board members, committee members, and the owners to finally amend the declaration for your community, and owners have finally approved those amendments. Celebration time, right? Well maybe, or maybe not so fast. Unfortunately, many communities (particularly condominiums) have declarations [Read More...]

Compromise Bill on Construction Defects is Ready for Governor Signature

Written by: on Friday, May, 5th, 2017

On May 4, 2017, House Bill 17-1279 gained final unanimous approval in the Senate after unanimous approval in the House on April 24, 2017. H.B. 17-1279 has been referred to Governor John Hickenlooper to be signed into law. H.B. 17-1279 requires that before an association, on behalf of its members, files suit against a developer [Read More...]