Colorado Supreme Court Addresses Limits of Liability in Owners’ Association Documents 13:35, September 1, 2017

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Category: Glenwood HOA

On May 1, 2017, the Colorado Supreme Court issued its opinion in McShane v. Stirling Ranch Property Owners Association, Inc. The decision determined that an exculpatory clause in a homeowners association’s governing documents that limited liability for the association’s board and agents did not exculpate the association itself. McShane purchased property located within the Stirling […]

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HOMEOWNERS’ ASSOCIATIONS ABILITY TO SUE DEVELOPERS LIMITED BY REFORM LEGISLATION When a developer’s control over a condominium project passes to the homeowners’ association (“HOA”), the HOA may sue the developer for construction defects (real or perceived). There is an industry of lawyers that take on these cases. Due to the risk of construction defect litigation […]

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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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