Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., a Co — Márquez, J…

Summary

The dissent argues that the declaration's consent-to-amend provision unlawfully gives the declarant a perpetual veto over amendments to the construction-defect provisions, even after the declarant no longer owns property. In the dissent's view, this device evades the statutory cap requiring no more than sixty-seven percent of unit-owner votes to amend a declaration and violates CCIOA's anti-evasion provision. Justice Coats joined the dissent.