Giguere v. SJS Family Enterprises, Ltd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding clear legislative intent to apply statute retroactively where the statute expressly states that “the following sections shall apply to all common interest communities created within the state before [the statute’s date of enactment]”
• sections of the CCIOA made applicable to pre-existing common interest communities apply retroactively pursuant to section 38-33.3-117
• “Plaintiffs’ unanimity argument is a matter of first impression in Colorado. They relied on authority from other jurisdictions supporting their position. Thus, we cannot say their appeal of this issue is frivolous.”
• \[dJeter-mining which party is committed to the trial court's discretion\
• we do not address arguments rai sed for the first time on appeal
• retroactive application of the CCIOA was imposed after association’s declaration was amended

Source: CourtListener parenthetical corpus (CC0).