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: […]
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. For those involved […]
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, 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 […]
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 […]
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 and the District of Columbia. Colorado is included in the states that will be impacted. The proposed reforms would restrict owners’ eligibility for Home Equity Conversion Mortgages (i.e., reverse […]
Federal Amateur Radio Bill Compromise Reached In the waning days of May, CAI and HAM Radio Lobbyists worked with together with Federal Legislators to reach a compromise on H.R. 1301 concerning outdoor amateur radio antennas and services in residential communities. The revised bill requires the FCC to enact rules prohibiting private land use restrictions, including […]
Negotiations collapsed last week over proposed statewide construction defect legislation. The future of construction defect (CD) reform remains to be seen. What’s clearly evident is that many cities and local municipalities are not afraid to take matters into their own hands. But how effective are local ordinances? In a recent decision, City of Fort Collins […]
Recently we learned that a nationwide property insurer has adopted an additional endorsement. It becomes part of the association’s property insurance policy upon its renewal. The endorsement states that the policy does not cover the cost of replacing undamaged materials to have them match or otherwise be aesthetically compatible with the damaged materials. What does […]
On March 3, 2016, two members of the House of Representatives from California introduced H.R. 4696 which would amend the tax code to allow certain homeowners to deduct homeowner association assessments. The act, called the “Helping Our Middle Income Earners Act” or “HOME Act” would allow homeowners earning $115,000 or less to deduct up to […]
Beware the Ides of March On March 15, 2016, two more local governments adopted construction defect ordinances. Under local government public health, safety, and welfare powers, municipalities are attempting to supplement perceived deficiencies in the Colorado Construction Defect Action Reform Act with the intent of decreasing builder and developer liability represented as an effort to […]
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