Despite the failure of Senate Bill 177 last week, there is positive news for condo developers. As reported in the Denver Post, the Colorado Court of Appeals ruled last week that a clause in a declaration requiring mandatory arbitration of any construction defect claims cannot be amended without the consent of the developer/declarant. Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al., involved a construction defect lawsuit against the developer/declarant. The declaration contained a provision prohibiting the amendment of a mandatory arbitration clause without the consent of the developer/declarant. Upon gaining control of the project, the homeowners’ association amended the declaration to eliminate the mandatory arbitration provision and sued the developer/declarant. The Colorado Court of Appeals held that the amendment removing the mandatory arbitration provision was invalid because the consent of the developer/declarant was not obtained.