HOA CASE TO WATCH 14:06, September 25, 2015

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Date: August 2015

HOA CASE TO WATCH Does a Declarant Have Perpetual Authority over its Declaration? A recent Colorado case with far reaching implications has had a petition for certiorari filed to the Colorado Supreme Court involving perpetual declarant approval of HOA declaration amendments.  In May, the Colorado Court of Appeals decision in Vallagio at Inverness Residential Condominium […]

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Court Casts Doubt on Aesthetic, Recreational, and Piscatorial Water Uses Property owners often hold water rights for aesthetic, recreational, and/or piscatorial (fishing) uses, particularly in the Roaring Fork River valley.  Recently, the Colorado Supreme Court determined that certain private water diversions for such uses do not constitute “beneficial uses” of water under the 1969 Water […]

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