Ryan Ranch Community Association, Inc., Petitioner v. John E. Kelley, Kelly D. Kelley, Rick Zimmerman, and Lora…

Summary

The court held that annexing property into a common interest community is an exercise of a statutory development right that must comply with the Colorado Common Interest Ownership Act. The purported annexation of the Kelley Lots was invalid because the recorded instruments did not reallocate allocated interests as required and were not properly indexed, and the owners therefore did not owe assessments. The court affirmed the court of appeals and remanded for consideration of attorneys’ fees and costs. Justice Coats, specially concurring, agreed with the result but would have more broadly held that the annexation-by-deed method itself is incompatible with the statutory requirements.