AT THE COURT OF LAST RESORT

Supreme Court hears arguments on cases dealing with construction defects, jury instructions

In what is arguably the state’s most significant ongoing construction defects litigation, a condominium owner’s association and the developer spar over whether the association had the right to amend an arbitration provision for construction defects claims out of its declaration.

Issue: Whether the Court of Appeals erred by holding that Colorado’s Common Interest Ownership Act permits a developer-declarant to reserve the power to veto unit owner votes to amend common interest community declarations.

Background: Metro Inverness developed the Vallagio condominiums and served as the declarant for its HOA.

While it was still declarant, the developer installed a mandatory arbitration provision in the association’s declaration just for construction defect claims, as well as a consent requirement for that provision’s removal.

To read this story and other complete articles featured in the March 13, 2017 print edition of Law Week Colorado, copies are available for purchase online.