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."
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."