Category: Court Decisions

More Short Term Rental Ordinances Brewing

Written by: on Wednesday, June, 24th, 2015

Denver City Council has established a Sharing Economy Task Force to study the issue of regulation of short term rental of homes. In Denver, it is illegal to rent a residence for less than 30 days.

Boulder City Council Considers Airbnb Restrictions

Written by: on Thursday, June, 11th, 2015

With the gaining popularity of sites like Airbnb and VRBO, municipalities nationwide are beginning to look more closely at how to regulate the short term rental of rooms or entire homes by individuals. After a lengthy public hearing, the Boulder City Council recently voted 7-1 to move on a proposal that restricts short-term rentals to [Read More...]

Colorado Supreme Court Will Consider Community Association Case

Written by: on Thursday, October, 23rd, 2014

The Colorado Supreme Court has accepted certiorari in the case of Pulte Home Corporation v. Countryside Community Association.  Opening briefs as well as a motion to allow an amicus (friend of the court) brief by the Home Builders Association have already been filed. The main issue is what constitutes a proper annexation of property and [Read More...]

Are Associations Guarantors of Owners’ Quiet Enjoyment??

Written by: on Wednesday, June, 11th, 2014

Although smoking is generally on a decline, the problems associated with smoking in condominium communities (and sometimes in attached townhome communities) continues to rear its ugly head with the “right to smoke v. the right to breath clean air” debate getting uglier and uglier. We recently blogged on a case out of Orange County, California [Read More...]

Withdrawing Land After Purchase? Oh I Don’t Think So!

Written by: on Monday, April, 8th, 2013

CCIOA has an interesting provision, contained in Section 210(4), which allows developers to withdraw property included in an association only if: (1) a portion of the real estate is subject to withdrawal; and (2) a unit in such portion of real estate has not yet been sold to a purchaser.  Although this Section seems clear [Read More...]