Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements

Colorado Appellate Court decision (May 18, 2017):

This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) over the HOA’s invalid Restated Declaration— the recorded instrument that creates a common interest community and sets forth the rights and responsibilities of owners of properties within the common interest development. The original Declaration was recorded in 1983, and based on its belief that it was outdated and needed to be completely rewritten, Association sought membership approval of the Amendment in 2016. The desired Amendment was ultimately approved by the Court pursuant to a petition that was filed by Association.