dictatorship one lot one vote

This is my first time as a member of a homeowners association. I did not know there was one until after I bought the property. I am deeply disappointed and offended at the corrupt and defective way it is being conducted.

The main problem is it is being run as a dictatorship. This association has twenty lots in it. The developer and family own eight lots, and sometime ago he sold four lots to a business partner and they drilled natural gas wells on the property.

The association’s declaration gives the membership one vote for each lot they own. The gas/oil company proxies their four votes to the developer allowing him to vote with twelve votes. This is a majority of the twenty votes total and every vote goes the way the developer desires. The developer made sure the bylaws dictate there are only three executive board members. The developer put himself and his spouse on the board. At this time no one else will serve on the board since the developer with his spouse would out vote any one at a board meeting. The remaining eight members would like to be involved but have no way of doing so. This development was done in 2005.

It would be helpful if after the developer’s declarant status has ended the Colorado Common Interest Ownership laws would limit the amount of votes he/she may exercise has anyone time. Say 25 percent. In our case the developer does not live in or even close to the properties under the association. The gas/oil company does not care since none of them live on any of the properties either.

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Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.  

Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.