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That clause set forth provisions specific to construction defect claims, including the requirement that such claims be submitted to binding arbitration.

The clause further provided that it would not ever be amended without the consent of declarant and without regard to whether declarant owns any portion of the real estate at the time of the amendment.

If the County Assessor refuses to change the parcel’s valuation after considering the owner’s arguments or if the change does not meet the owner’s expectations, the owner may appeal the valuation to the County Board of Equalization.

The owner may present additional evidence to the County Board of Equalization, which then determines whether to amend the valuation.

If unsatisfied with the newly assessed value, the owner, or the owner’s attorney or other representative, may protest the valuation by giving written notice to the County Assessor before June 1, 2017.

After giving notice, the owner may meet with the County Assessor and present arguments regarding why the valuation is incorrect.

In May, the Colorado Court of Appeals decision in Vallagio at Inverness Residential Condominium Association, Inc. The association’s declaration, recorded in 2007, contained two developer consent clauses.

The first provision was a general provision on amendments which stated that owners could amend their declaration by 67% vote – however – consent of the declarant was also required.

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The association argued that there were numerous violations of CCIOA.

However, the Colorado Court of Appeals felt differently.




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