Supreme Court hands down a decision in favor of Pulte Homes

Good news! The Supreme Court today handed down a decision in favor of Pulte Homes in their appeal of the Countryside Community Association lower court finding. 

Many in our industry were concerned over this issue as it could have billions of dollars of damaging effects. 
In particular, the court analyzes whether the declarant developer is liable for past-due assessments for maintenance of the developer’s unsold properties and related common elements. The supreme court concludes that, on the facts presented, the developer’s recordation of the covenants and plat did not create a common interest community. Rather, the community was created when the developer first subjected property to the covenants, and the remaining property could not become part of the community until the developer added it in accordance with certain prescribed steps. The developer’s property was therefore not part of the community and was not subject to assessments. The supreme court also concludes the association has no remedy for unjust enrichment because its covenants fully allocate responsibility for assessment costs.
Many thanks to Christian Hammond who drafted a friend of the court brief on behalf of the Home Builders Association of Metro Denver expressing a winning argument.
Read Colorado Supreme Court opinion 

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