Updates
May 8, 2015
On May 7, 2015, less than 24 hours after the Colorado legislative session ended and just over a week after Senate Bill 177, a construction defects reform bill, died in a House committee, the Colorado Court of Appeals issued its published decision in the Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. case. In this appellate case, Polsinelli drafted and filed an amicus curiae brief, a “friend of the court” brief, on behalf of a coalition of developers, chambers of commerce, trade organizations, and business organizations, presenting arguments that declarations requiring declarant consent prior to the removal of an arbitration provision by homeowners are valid and enforceable under the Colorado Common Interest Ownership Act (“CCIOA”). The published appellate decision addressed a major problem in Colorado’s construction defect laws that Senate Bill 177 was designed to correct – if the declaration includes a requirement that an arbitration clause cannot be removed without the declarant’s consent, that declaration means what it says, and that requirement is enforceable.

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