Ryan Ranch HOA v. Kelley (Colorado)

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.

Amicus Curiae Briefs

Amicus curiae briefs allow CAI to educate a court about important legal and policy issues in cases related directly to the community association industry. If your association, municipality or state is being faced with a poorly formulated legal opinion, please consider contacting CAI and submitting an application for an amicus brief. If you have any questions, contact CAI's Government and Public Affairs department at [email protected] 

  • Brief Request Submission Procedure

    Amicus curiae (friend of the court) briefs allow organizations with an expertise in a certain area of the law to educate a court about the legal issues in a particular case.

    Learn more about submission procedures
  • Brief Request Review Procedure

    Amicus requests submitted to CAI shall be reviewed by an Amicus Curiae Advisory Committee (Amicus Committee). An Amicus Curiae Review Panel shall vote by e-mail or via conference call on the request.
    Learn more about review procedures