Jeff Kerrane to participate in CLE on Advanced HOA Issues
On September 30, 2016, Jeff Kerrane will join a distinguished panel of attorneys who will present on a variety of advanced HOA topics.
Colorado Court of Appeals Gives Homebuilders the Gift of Arbitration
Colorado SB 177 died in a House of Representatives committee on Monday, April 27. The bill, which had already been passed by the Colorado Senate, would have given Colorado homebuilders several protections against construction defect lawsuits. A number of Colorado municipalities have been trying to pick up the pieces for the homebuilder lobby by passing their own similar local ordinances. Lakewood, Lone Tree, and Littleton have done so, and several other cities threaten to follow that path as well. The legality and enforceability of such local ordinances is questionable, however, given the breadth of state-level statutes on construction defect claims, common interest communities, and arbitration which arguably preempt and preclude location legislation on those topics.
Watch Your Back: Construction Defect Legislation Update
This year will be a very big year for construction defect legislation. Many of Colorado's legislative bodies, including the Colorado General Assembly, the City of Lakewood, and the City of Lone Tree are aiming to curtail homeowner rights by passing laws that are designed to protect homebuilders from liability arising from the construction of defectively built homes. These legislative bodies have either passed or intend to pass legislation that will significantly impact Colorado homeowners and community associations.