Category: Legislative Miscellaneous


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...]

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...]

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...]

Will a Statutory Right to Repair Construction Defects Increase First-Time Homebuyers?

Written by: on Thursday, February, 16th, 2017

On February 6, 2017, House Bill 17-1169 was introduced and assigned to the State, Veterans, and Military Affairs Committee. H.B. 17-1169 proposes a mechanism for a construction professional to offer to repair or offer to fund repairs for a construction defect prior to the initiation of a construction defect lawsuit. This is in effort to [Read More...]