Ryan Ranch HOA v. Kelley (Colorado)
The case arises from a dispute over community assessments and the requirements of the Colorado Common Interest Ownership Act (CCIOA), which is modeled after the 1982 Uniform Common Interest Ownership Act. CAI’s two Colorado chapters lobbied for the enactment of CCIOA in 1991, and the chapters have frequently provided testimony and guidance to the legislature and courts on questions about CCIOA since then. The specific issue here is whether CCIOA invalidates the automatic annexation language that a developer or declarant may include when recording a declaration of covenants for a new community.
Recently, Colorado’s intermediate court of appeals published a decision that effectively invalidated the annexation process that hundreds of Colorado associations have been using for many years to create common interest
communities. The full ramifications of this decision are not yet known, but this case could have negative effects among communities if not overturned.
Supreme Court review is discretionary in Colorado. CAI’s established position as both an original sponsor of CCIOA and as a continuing leader in community association law in Colorado makes it uniquely suited to provide guidance to the justices on this subject.
Brief: CAI's Amicus Brief
Prior Ruling: Lower Court Decision
Status: Pending
CAI Amicus Brief Requestor: Jesse Witt, Esq.
CAI Amicus Brief Review Committee: Stephen Marcus, Esq; Jennifer Loheac, Esq; Marc Markel, Esq; Damien Bielli, Esq.; Robert Diamond, Esq.; Lara Anderson, Esq.