June 22, 2016
The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals’ decision in May 2015, and the subsequent petition for certiorari review to the Colorado Supreme Court. Developers, contractors, homeowner associations and others on both sides of the construction defect reform debate have been keeping a close eye on the final outcome of this precedent-setting case.

On Monday, the Colorado Supreme Court granted the petition to review the Court of Appeals’ decision. The Court will decide the following question: “Whether the court of appeals erred by holding as a matter of first impression that Colorado’s Common Interest Ownership Act (CCIOA) permits a developer-declarant to reserve the power to veto unit owner votes to amend common interest community declarations.”

The grant of certiorari review is significant because the Court’s decision on this issue will set precedence on this important piece of CCIOA and will likely be looked to by courts from around the country, given CCIOA is modeled after a national uniform act. Further, the Vallagio issue addresses a key component of recent legislative efforts that have been unable to reach the Governor’s desk.

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