Colorado's “vexing construction defects law” has hampered the building of new condominiums in the state, according to an editorial in the Denver Post.
State lawmakers have unsuccessfully tried to change the 2005 law blamed for creating an “overly litigious environment around construction defects claims,” the newspaper says. The result of the law has been “a dearth of new, affordable condos or townhomes.”
In the past, this had been a fight between attorneys and builders. Increasingly, though, Colorado communities have taken steps to challenge the state law. The law now allows a majority of a homeowners association board — not homeowners themselves — to approve litigation against a builder. “The problem is, once a lawsuit is filed, homeowners often have trouble selling or refinancing units,” the newspaper says.
The most recent figures show condos represented only 4.6% of the total new home starts in metro Denver, compared to 26% in 2008, the Post says.