We have previously reported on the Vallagio v. Metropolitan Homes case, in which the Colorado Court of Appeals upheld a provision in an association’s declaration of covenants, conditions, and restrictions, which required declarant consent before an arbitration provision could be amended out of the document. To read the past articles on the case, please review Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases and The Vallagio HOA Appeals the Decision from the Colorado Court of Appeals.
Today, the Colorado Supreme Court granted the association’s petition for writ of certiorari, en banc, on the following reframed issues:
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.
Whether the court of appeals erred in holding that Colorado’s Consumer Protection Act (“CCPA”) claims are subject to pre-dispute mandatory arbitration provisions where this Court previously held, “We leave open the question of whether CCPA claims might be deemed non-arbitrable,” Ingold v. AIMCO/Bluffs, LLC Apartments, 159 P.3d 116, 122 n.5 (Colo. 2007).
The Supreme Court denied the petition for writ of certiorari on all other issues.
For more information about the Vallagio case or construction law in Colorado, you can reach David M. McLain by e-mail at mclain@hhmrlaw.com or by telephone at (303) 987-9870.
