Category: Court Decisions


Solar Panels: Let the Sunshine In But Only After Approval

Written by: on Thursday, July, 20th, 2017

Colorado law prohibits associations from adopting rules or regulations that effectively prohibit the installation of solar panels on homeowners’ properties, but associations are allowed to adopt reasonable rules governing such installation, which can be based on aesthetic considerations and to prohibit solar panels on common areas. Such rules must also not significantly increase the cost [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...]

Owner Approval for a Construction Defect Lawsuit?

Written by: on Wednesday, April, 19th, 2017

On March 17, 2017, House Bill 17-1279 was introduced and assigned to the State, Veterans, and Military Affairs Committee. The original intent of H.B. 17-1279 was to open the lines of communication between the association board, the association members, and the developer or builder and act as a bill that could garner bipartisan support. This bill is [Read More...]

The Latest Construction Defect Bill Requires Notice, Disclosure, and Approval Prior to Commencing a Construction Defect Action

Written by: on Monday, February, 20th, 2017

Prior to the beginning of the 2017 Legislative Session, the legislature promised to address construction defect reform.  True to their words, five different and, in some cases, competing bills have been introduced, aimed at addressing construction defects.  The latest bill, SB 17-157, introduced by Senator Angela Williams (D), takes the best of previous attempts at [Read More...]

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...]