12-1366

12-1366. Applicability; claims and
actions

A. This article does not apply:

1. If a contract for the sale of a dwelling or an association's community documents
contain commercially reasonable alternative dispute resolution procedures. If the
contract for the sale of a dwelling contains the procedures, the procedures shall
conspicuously appear in the contract in bold and capital letters. If the contract for
sale of a dwelling contains the procedures, a disclosure statement in at least twelve
point font, bold and capital letters shall appear on the face of the contract and shall
describe the location of the alternative dispute resolution procedures within the
contract.

2. To personal injury claims.

3. To death claims.

4. To claims for damage to property other than a dwelling.

5. To common law fraud claims.

6. To proceedings brought pursuant to title 32, chapter 10.

7. To claims solely seeking recovery of monies expended for repairs to alleged
defects that have been repaired by the purchaser.

B. A dwelling action brought by an association is also subject to title 33, chapter
18.