Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., a Colorado Corporation…

Summary

The court held that CCIOA permits a declaration to require the declarant's consent before specified construction-defect dispute provisions may be amended, so the unit owners' attempted removal of the arbitration provision was ineffective. It also held that the CCPA's authorization of a "civil action" does not make CCPA claims nonarbitrable because the statutory right is waivable and the arbitration agreement effects that waiver. The court therefore affirmed and remanded for further proceedings consistent with its opinion. Justice Márquez, dissenting and joined by Justice Coats, would have held that the consent provision unlawfully gives the declarant a perpetual veto over a supermajority of unit owners.