April 19, 2004

CONDO ASSOCIATION ALLOWED TO AMEND BYLAWS TO DELETE ARBITRATION CLAUSE THEN SUE BUILDER

Colorado Court of Appeals

Before beginning construction, a builder created a condo association and its bylaws, which included an arbitration provision. After completion of the project, the association amended the bylaws, deleted the arbitration provision and sued the builder for defects. Both the trial and appellate courts refused the builder's attempt to force arbitration under the original bylaws.

Subscribers: click here for the full story

Non-Subscribers: click here to subscribe

Pay per view ($4.00)