Denver, CO HOA Rules: Dispute Resolution (2026)
Key Facts
- Code section
- DRMC § 10-204, Art. XII
- Effective date
- January 1, 2016
- Covers
- CICs formed in Denver after 2016
- Override requires
- declarant's written consent
- Must meet
- Colorado Uniform Arbitration Act neutrality rules
Summary
Denver law voids any HOA attempt to change or drop a declaration's required arbitration or mediation for construction defect claims without the declarant's written consent, once the covenant meets Colorado Uniform Arbitration Act conditions.
Whenever a declaration in a common interest community requires any form of alternative dispute resolution for construction defect claims asserted by the association, by the executive board, or by any unit owners, and the declaration expressly prohibits any future amendment to the declaration that would modify or eliminate the requirement for alternative dispute resolution without the consent of the declarant, then any attempt to modify or eliminate the requirement for alternative dispute resolution by the association, by the executive board or by the unit owners absent the consent of the declarant shall be deemed ineffective, an abrogation of a contractual obligation, and void as against public policy. This section shall apply if and only if:
(1)The declaration contains a provision substantially in the following form:
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 147 Update 3).
Full Breakdown
Denver Revised Municipal Code § 10-204 makes an HOA board or unit owners powerless to override a declaration clause that locks in mandatory arbitration or mediation for construction defect claims: if the declaration bars amending that clause without the declarant's (builder's) consent, any board or owner vote stripping it out is void as against public policy. The rule only applies when the ADR clause also benefits other development parties, tracks the Colorado Uniform Arbitration Act's neutral-arbitrator and disclosure rules, sets the hearing venue inside the City and County of Denver, and applies Colorado substantive law. It covers common interest communities created in Denver on or after January 1, 2016.
Violations & Fines
A board or owner vote that strips out the required arbitration clause without the declarant's consent is void and unenforceable: the declarant can go to court to enforce the original arbitration requirement.
Frequently Asked Questions
Can a Denver HOA vote to remove a mandatory-arbitration clause for construction defect claims?
Does this apply to every Denver condo or HOA?
Sources & Official References
Other rules in Denver
Compare Denver to another location·View the Colorado hoa rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.