Colorado Supreme Court ruling requires developer’s consent on HOA rule changes

Colorado Supreme Court ruling requires developer’s consent on HOA rule changes: "At issue is a Monday ruling by the state Supreme Court that upheld a developer’s right to require mandatory arbitration for any defects claims.

The 27-page ruling for Vallagio V. Metro. Homes stipulates that a developer may include provisions in a Common Interest Communities (CIC) declaration that gives it the right to refuse any amendments voted on by homeowners."

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I haven't read the opinion yet, but as explained here, apparently the original dec (drafted by the developer, of course) says all defect claims have to go to binding arbitration, and also provides that any changes in the dec have to be approved by the developer. The HOA took a vote to change the arbitration provision, so they could sue the developer instead of going to arbitration. Colorado law says that owners can amend their declarations, and that super-majority requirements can't exceed 67%.  That seems to give owners protection against anti-amendment provisions in their developer-drafted original declarations.



But no-- the Colorado Supreme Court ruled against the owners:  "Statute allows CICs to gather a majority vote to change declarations laid down by developers. The level of majority required varies between declarations but cannot exceed 67 percent. The CIC in Vallagio V. Metro. Homes argued that requiring consent from developers for changes exceeded the maximum limit and should be prohibited. But the 5-2 ruling found the inclusion of a consent requirement does not violate the statute concerning declaration changes."  
And here is some reaction to the ruling, also from the same linked story:

"Build Our Homes Right, a homeowners advocacy group, had a different opinion of the ruling and its implications. Jonathan Harris, CEO of Build Our Homes Right, said in a statement that the ruling diverges from what should be a priority for courts: protecting citizens’ legal rights, such as the right to trial. “The court just decided that deep pocketed developers have the right to steamroll over homeowners in order to shirk their responsibility for producing shoddy homes,” Harris said. He added that the implications of the ruling stretch beyond defects. “The court has decided that powerful developers can control homeowners associations until the end of time, not only in construction defect claims, but on everything from their right to a jury trial in any kind of dispute, to issues relating to assessments and how homeowners use their own homes,” he said."

An HOA-like organization helps determine how Colorado Mills is rebuilt | 9news.com

An HOA-like organization helps determine how Colorado Mills is rebuilt | 9news.com:



What could possibly go wrong? :-)

Kansas abandons massive tax cuts that provided model for Trump's plan | US news | The Guardian

Kansas abandons massive tax cuts that provided model for Trump's plan | US news | The Guardian:

"Kansas has rejected the years-long tax-cutting experiment that brought its governor, Sam Brownback, to international attention and provided a model for the Trump administration’s troubled tax plans.

In a warning shot to the Trump administration, even Brownback’s fellow Republicans voted to override his veto of a bill to reverse many of the tax cuts he championed as a way to spur entrepreneurs and the economy, but which have left the state with a $1bn hole in its budget."

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Brownback got his advice from Arthur Laffer, who inflicted this nonsense on the nation when the people around Reagan bought "supply side economics" and the loony notion that if government cuts tax rates, they can collect more tax revenue. Reagan gave us gigantic budget deficts, then Bush did the same, Brownback cratered his state, and now of course Trump and his cronies invoking this voodoo to justify giving huge tax breaks to their super-rich buddies.



'via Blog this'

Trump Wants to Gut the Agency Behind the Shale Boom - Bloomberg

Trump Wants to Gut the Agency Behind the Shale Boom - Bloomberg:



Even the business press is aghast at Trump's mindless flailing around.

The Opening Bell 6/7/17: Should FAA Focus on Privatization, or Modernization? | WGN Radio - 720 AM

The Opening Bell 6/7/17: Should FAA Focus on Privatization, or Modernization? | WGN Radio - 720 AM

This is an interview with me this morning about the proposal to privatize the Federal Aviation Administration's air traffic control functions. Trump had a silly signing ceremony with no legislation or executive order--not even a real proposal. He just "signed" some "principles" that basically amount to endorsing unspecified private-public partnerships as the way to build infrastructure. And he endorsed last year's HR 4441 that failed miserably. It was the four major airlines' plan to privatize air traffic control and give them control over it--30,000 employees, tens of billions of dollars of infrastructure, tens of billions more in money to update airports, and control over air traffic control. The bill went nowhere, except in the committee of Rep. Bill Shuster (R-PA). By an amazing coincidence, Shuster was spotted having a good time in Miami with two airline lobbyists, one of whom was his girlfriend. The four major airlines spent $16 million lobbying.  Here's what the lobby for regional, smaller airlines thinks.