Court of Appeals Decision
May 07, 2015OUTCOME:
Authored the amicus curiae brief in the Colorado Court of Appeals published case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc. The amicus curiae brief—“ ... friend of the court” brief—was filed on behalf of a coalition of developers, chambers of commerce, trade organizations, and business organizations, and presented arguments that declarations requiring declarant consent prior to the removal of an arbitration provision are valid and enforceable under the Colorado Common Interest Ownership Act (CCIOA). In the Court of Appeals opinion, the CCIOA issues echoed the arguments presented in the amicus brief. This published appellate decision addressed a major issue in construction defect law that Senate Bill 177, a 2015 legislative effort that failed to pass, was designed to accomplish—if a declaration contains a provision requiring the declarant’s consent to remove an arbitration clause, that requirement is enforceable.
