Declarant Consent to Arbitration Provision Amendment Approved by Supreme Court
The Colorado Supreme Court upheld a provision in the original declaration prohibiting amendment of the document's mandatory arbitration requirement for construction defect actions without the declarant's consent. In this case, the owners voted to amend the declaration to remove the arbitration provision. The arbitration provision expressly required that before any amendment, the declarant must consent which the Association did not obtain. The Association argued that the prov