August 17, 2017

Colorado Court of Appeals: Condominium Association Failed to Satisfy Statutory Requirements to Amend Declaration

The Colorado Court of Appeals issued its opinion in Tyra Summit Condominiums II Association, Inc. v. Clancy on Thursday, May 18, 2017.

Colorado Common Interest Ownership Act—Amendment of Declaration—Notice Requirement.

The Clancys (owners) own a condominium unit at the Tyra Summit Condominiums II (Tyra II). Tyra II is administered by the Tyra Summit Condominiums II Association, Inc.. The Association is run by a Board of Managers. The Association was established by a declaration recorded in 1983 and subsequent amendments. In 2016, the Association sought judicial approval of its attempt to amend the Declaration, which effectively rewrote the 1983 Declaration.

The owners objected to the amendment, arguing that the Association failed to meet certain statutory requirements and that the amendment improperly changed their allocated interests. The district court approved the amendment.

On appeal, the owners asserted that the district court erred in approving the amendment because the Association failed to provide sufficient notice of the meeting at which the amendment was discussed. The Colorado Common Interest Ownership Act requires associations to discuss proposed amendments during at least one meeting of the association and contains specific notice requirements. The court of appeals found that the record did not support the court’s finding that adequate notice of the meeting where the proposed amendment was discussed was given to the owners.

As the prevailing party on appeal, the owners were entitled to their attorney fees pursuant to the Act.

The order was reversed and the case was remanded.

Summary provided courtesy of The Colorado Lawyer.

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