A Holiday Reminder Regarding the Colorado Consumer Protection Act

Small Business Saturday, a shopping promotion that takes place the Saturday after Thanksgiving, has grown in popularity in response to Black Friday and Cyber Monday (two of the busiest shopping days of the year featuring big box retailers and on-line/e-commerce stores). Small Business Saturday encourages consumers to “shop small,” and to support local, brick and mortar businesses. With the busy holiday shopping season approaching, retailers – particularly those with small business Saturday promotions – should...
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Liquidated Damages in Colorado – Choice Is Good

In an interesting matter of first impression in Colorado, the Colorado Court of Appeals recently determined that a liquidated damages provision with an option to choose between liquated damages and actual damages is enforceable. The case, Ravenstar LLC v. One Ski Hill Place LLC, 2016 COA 11, concerned contracts that five Colorado companies, who were the plaintiffs, entered into with the defendant, One Ski Hill Place LLC (OSHP), to buy and build condominium units.  Each...
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Colorado Court of Appeals Clarifies Covenant Enforcement

The Colorado Court of Appeals recently held that short-term residential rentals are not commercial use of property within the meaning of restrictive covenants prohibiting commercial use in a residential neighborhood.  Houston v. Wilson Mesa Ranch Homeowners Association, Inc., 2015 COA 113 (Aug. 13, 2015). This decision is likely to impact how homeowner associations word their restrictive covenants going forward. The Houston case arose after the Wilson Mesa Ranch Homeowners Association discovered that homeowner David Houston...
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