Supreme Court Rules in Vallagio: No Amendment for You! (CO)

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 the arbitration of construction defect claims.  In Vallagio, the developer-declarant (“Declarant”) developed a common interest community under CCIOA. The Declarant drafted the community’s declaration, providing that (1) the Declaration’s provisions governing construction defect claims “shall not ever be amended” without the Declarant’s consent and (2) all construction defect claims must be resolved through arbitration.    Read the article…………..


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