News and Legal Updates

Supreme Court Affirms Declarant Consent Required for Removal of Arbitration Provision for Construction Defect Claims

On June 5, 2017, the Colorado Supreme Court issued its ruling in Vallagio at Inverness Residential Condominium Ass’n, Inc. v. Metropolitan Homes, Inc. et al. (Supreme Court Case No. 15SC508).  The Supreme Court affirmed the court of appeals and ruled:

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Construction Defect Legislation on its Way for Governor’s Signature

Construction Defect Legislation on its Way for Governor’s Signature

Last month we reported on a press conference presented by Governor Hickenlooper and several legislators where the Governor announced consensus had been reached on the construction defect bill, HB17-1279.  Both the House and Senate passed the bill by overwhelming margins.  The Governor is expected to sign the bill on May 23, 2017.

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Consensus on Construction Defect Legislation - FINALLY

Consensus on Construction Defect Legislation - FINALLY

Governor Hickenlooper, state legislators and mayors had a press conference at the Capital on April 19, 2017, and announced that consensus has been achieved on a construction defect bill, this after years of bills related to construction defects were introduced and dying due to lack of consensus.  House Bill 1279 has not yet passed the House and will need to be approved by the Senate, but this announcement is the closest a construction defect bill has come to passage.  

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New Harassment Rules Added to Fair Housing Act

HUD recently issued its final rules regarding quid pro quo (“this for that”) harassment and hostile environment harassment under the Fair Housing Act.  The Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and familial status.  Although community associations do not typically consider themselves to be “housing providers,” the Fair Housing Act applies to associations and plays a role in how the community relates to its residents.

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FHA Proposes Rule Restricting Reverse Mortgages in Super Lien States

Recently proposed changes in FHA lending programs and guidelines could have drastic effects for 22 states (including Colorado) and the District of Columbia. The proposed reforms would restrict owners’ eligibility for Home Equity Conversion Mortgages (i.e., reverse mortgages) in states where community association liens are provided “super lien” status. If enacted, the revised rule states that “as a condition for a HECM to be eligible for loan assignment, that the HECM mortgage be in a lien status prior to homeowners association and condo association liens.” The result would be to eliminate associations’ current priority lien status over mortgages and deeds of trust and would effectively eliminate homeowners’ ability to obtain a reverse mortgage in super lien states. The proposed changes appear to be directly targeted at states with priority lien statutes. State super lien statutes provide important protections and benefits to owners, associations, and lenders. The propose rule changes are currently available for public comment.

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