Triple Crown at Observatory Village Association v. Village Homes (Colorado)
On November 7, 2013, the Colorado Court of Appeals issued an order in the Triple Crown case holding that the Non-Profit Act establishes the time limit for amending its declaration based on action taken without a meeting. The impact of this decision is that community associations would have only 60 days to gather the necessary votes to amend their declarations. This decision, if it
is upheld by the Colorado Supreme Court, would make it extremely difficult for Community Associations to amend their declaration would frustrate Associations’ attempts s which were put in place before transition to homeowner control, and at self-governance.
Additionally, the Triple Crown decision runs counter to the common practices of Colorado general counsel firms who regularly assist Associations in amending their declarations. The Triple Crown decision, therefore casts doubt on the legality of declaration amendments filed by several Colorado Associations over the past year.
This case is primarily of importance in Colorado, however there are implications that could extend nationwide for any state that has adopted UCIOA.
Brief: CAI's Amicus Brief
Prior Ruling: Lower Court Decision
Status: Motion to Dismiss
CAI Amicus Brief Sponsor: Jeff Kerrane, Esq.
CAI Amicus Brief Review Committee: Henry Goodman, Esq; Stephen Marcus, Esq; Laurie Poole, Esq; Steven Sugarman, Esq.