Parker, CO HOA Rules: HOA Disputes (2026)

Section 11.20.130 targets declarations that require mediation or arbitration of construction defect claims and expressly forbid amending that requirement without the declarant's written consent. If an association, executive board or unit owners try to modify or eliminate the ADR requirement without that consent, the attempt is deemed ineffective, an abrogation of a contractual obligation, and void as against public policy. The Section only applies when five conditions are met: the declaration contains the Town's prescribed acknowledgment language naming the requirement a significant inducement for the declarant to develop and sell units; the ADR requirement benefits other development parties beyond the declarant; the arbitration provisions track the Colorado Uniform Arbitration Act, Part 2 of Article 22 of Title 13, C.R.S., including neutral-arbitrator disclosure duties under Sections 13-22-211(2) and 13-22-212, C.R.S.; any mediation or arbitration is held at a mutually agreeable location within Douglas County; and the arbitration applies Colorado substantive law, with a court able to vacate an award that substantially departs from it.

Adopted by Ordinance 4.112 in 2016 and codified alongside the notice-and-consent rules of Section 11.20.120, this Section effectively locks builder-favored arbitration clauses in place in Parker communities that meet all five conditions, unless the declarant itself agrees to change them.