This request is the same case for which the Committee approved an amicus curiae brief on April 25, 2019. The first appeal was remanded by the Colorado Court of Appeals to the District Court due to the lack of a final judgment. This request pertains to the second appeal after additional orders entered after remand.
In 1987, the Town of Vail enacted an Ordinance zoning the Village Inn Plaza Development. Under such Ordinance, the owners of the property within the Village Inn Plaza Development agreed to convey Unit 2 of the Village Inn Plaza Development to the Town of Vail with no use restrictions. Under §11(6) of the Ordinance, all new condominium units were to “remain in the short-term rental market to be used as temporary accommodations available to the general public."
Village Inn Plaza-Phase V Condominium Association (the "Association" or “Phase V") recorded a Declaration with restrictions similar to those in the Ordinance. The Association later adopted Amended Policies, Rules, Regulations and Guidelines (the "Amended Rules") stating that it would not enforce §11(6) of the Ordinance.
The requestor has asked CAI in its amicus brief to appeal to this Court affirm the District Court's ruling in this matter. Colorado protects its citizens' property rights. A real property owner has the right to use property within reasonable private restrictions set forth in private easements and covenants, as well as through public restrictions established by zoning ordinances and building codes.
Ownership of real property in the condominium form of ownership is a protected property right in Colorado. When it adopted CCIOA in 1991, the 06953893.DOCX;1 3 General Assembly recognized the need to protect condominium properties by explicitly forbidding discrimination against the condominium form of ownership. Because the Town of Vail's ordinance at issue in this case discriminates solely on the basis of ownership of real property as a condominium, the District Court acted properly in dismissing Vail's Amended Cross Claim.
This is an important case for CAI to submit a second amicus brief in, and for Colorado community associations, developers, and owners. A published decision in favor of the Town of Vail would impair protected property rights, condone discrimination against the condominium form of ownership, and harm condominium owners and community associations throughout Colorado. The public policy of Colorado, the legislative declaration for CCIOA, as well as specific CCIOA provisions, all prohibit the discriminatory legislation embodied by the Vail ordinance.
Several arguments were made in the first amicus brief that will be re-argued in the second brief, if approved. These arguments include that CCIOA applies to the Town's attempts to enforce the Vail ordinance, the ordinance discriminates against the condominium form of ownership, and the fact that CCIOA is unambiguous and there is no basis for relying upon the drafters' comments. This brief will allow our industry to appeal to the Colorado Court of Appeals that CAI advocated for the passage of CCIOA in 1991 because the Act conferred important rights in Colorado and established a uniform legal framework for its operation and that our industry still respectfully urges the Court to affirm the Trial Court's orders and judgments.
Colorado Court of Appeals Opinion (Issue August 2021)
Colorado Supreme Court Order - Denying Petition for Writ of Certiorari
Court: Colorado Court of Appeals
Topic: Colorado Uniform Common Interest Ownership Act
Brief Author: David A. Firmin and William H. Short, both of Altitude Community Law P.C.
CAI Amicus Review Panel: Mr. Robert Diamond, Esq. (VA), Mr. Stephen Marcus Esq. (MA), Mr. Jeffrey Beaumont, Esq (CA), Ms. Sara Ross, Esq., (VA), Ms. Gabriella Comstock, Esq. CCAL (IL) and Mr. David Eldridge, Esq. (NY)