On June 5, 2017, the Colorado Supreme Court issued its eagerly anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et.al. (217 CO 69) (“Vallagio”). In its 5-2 ruling, the Supreme Court upheld a developer-declarant consent requirement to mandatory arbitration requirements in a common interest community declaration. The court also ruled that the Colorado Consumer Protection Act (the “CCPA”) does not preclude arbitration of claims asserted under the CCPA. The court’s decision is a significant, favorable result for condominium and planned community developers in Colorado.
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