Category: Court Decisions


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...]

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...]