News and Legal Updates

How do you Mitigate Wildfire? ...Goats.

How do you Mitigate Wildfire? ...Goats.

Yes, goats…300 goats!  A new… and unique…method to help reduce the spread of wildfire has gained our attention.  Recently, a Castle Pines homeowners association enlisted the services of a herd of 300 goats to help mitigate the spread of wildfire in its community.  The goats eat and remove about one acre of tall grass and brush from the community per day and it appears residents are so far happy with the results. According to an article published by the Denver Channel 7 News, this creative approach to fire mitigation is part of a local high school’s scientific study which strives to find ways to protect communities from fire while considering the long term impacts on the ecosystem. While the study is just getting underway, it is gaining popularity and the herd of goats is already booked to help out other neighboring HOAs.

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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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