Vallagio at Inverness Residential Condominium Association, Inc., a Colorado non-profit corporation, Plaintiff-Appellee, v. Metropolitan Homes, Inc., a Colorado corporation; Metro Inverness, LLC, a Colorado limited liability company; Greg Krause, individually; Peter Kudla, individually, Defendants-Appellants., 2015 COA 65

Summary

HOLDINGS: [1]-A condominium project's declaration unambiguously required unit owners to obtain the declarant's consent before amending the declaration to remove a section that included an arbitration provision; [2]-The declarant consent requirement did not limit the association's powers contrary to Colo. Rev. Stat. § 38-33.3-302(2) (2014) because the unit owners, and not the association, had the power to amend the declaration; [3]-The statutory requirements governing unit owners' voting percentages for amendments under Colo. Rev. Stat. § 38-33.3-217(1)(a)(I) did not prohibit a declaration from imposing an additional requirement of declarant consent for amendments; [4]-The declarant consent requirement did not violate Colo. Rev. Stat. § 38-33.3-104 (2014) because it did not allow the declarant to control unit owners' votes; [5]-Colo. Rev. Stat. § 38-33.3-303(5) (2014) was inapplicable.