Category: Court Decisions


Mandatory Arbitration for Construction Defects?

Written by: on Thursday, February, 2nd, 2017

On February 1, 2017, Senate Bill 17-156  was introduced and assigned to the Business, Labor, and Technology Committee. S.B. 17-156 seeks to require mandatory mediation and/or arbitration for any construction defect action if the association’s governing documents previously required the same. This means that if a prior mediation and/or arbitration clause was amended or removed from [Read More...]

Airbnb’s in Denver? Not So Fast!!!

Written by: on Wednesday, January, 18th, 2017

Airbnb’s continue to increase all over the country and, oftentimes, wreak havoc in community associations. Denver has a new ordinance 0262  that became effective December 31, 2016, throwing a slight monkey wrench into the process. Pursuant to the new ordinance, homeowners must now obtain a license from the Denver Excise and Licenses Department before they [Read More...]

2017 Legislative Session is Underway

Written by: on Thursday, January, 12th, 2017

The Seventy-first General Assembly convened on January 11, 2017, and shortly thereafter the first bill relating to construction defects was introduced.  SB 17-045 was introduced by Senators Grantham and Williams and has bipartisan support in both the senate and house.  This bill requires a court, when hearing a construction defect case in which there is [Read More...]

FHA Condominium Project Approval Changes in Owner Occupancy Requirements

Written by: on Thursday, October, 27th, 2016

As we previously blogged in August, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law on July 29, 2016, which, among other things, required the Secretary of HUD to provide further guidance and clarity regarding the percentage of owner occupied units required to obtain project approval for condominium communities. In response [Read More...]

Statute’s Plain Language Prevails

Written by: on Friday, August, 28th, 2015

Yesterday, this firm posted a blog under my name regarding the recent decision of the Colorado Court of Appeals in Centennial Ranch and Aspen Mountain Ranch Association v. Fuller et al., 14CA1326.  Unfortunately, the blog we posted was not the one I wrote, but rather was written by Ms. Lindsey Smith.  I apologize to her [Read More...]