HOA Foreclosures on Active Duty Military member while Deployed to Afghanistan!
The HOA filed a lawsuit to foreclose (I say steal) on my condo while I was literally in Kabul, Afghanistan Deployed as an active duty military member. And, no, unfortunately the Serviceman's Civil Rights Act (SCRA) provides minimal, if any, protections for active duty personnel when dealing with foreclosures like this. The HOA knew I was in the military and their lawyer even searched it. Yet, even after checking and knowing AND being told I was deployed, they still filed the lawsuit right in the middle of my deployment. I had a 2 months extra balance on file with the HOA. This way, if my check (on automatic bill pay from my bank) ever got lost or delayed, I had a 2 month buffer so I would never be late or behind. I added the amount in Feb of 2010. At some point, the HOA raised dues and did not give proper notice. After a few years, they had empied my buffer of funds also without notice. This process took about 2 years and I never knew; they never told me. Looking back, the balance was about -$400 (a credit of about $400) and then, about 6 months later, they claimed I owed them about $5,000. Why? Because of fees (Actually double late fees each month, legal fees, and other charges). This allowed them to say I owed them so much that they could sue and steal my property through foreclosure. They did not follow the law, did not follow any collection policy--in fact they showed they didn't have a valid, signed, authorized collection policy--which is illegal, and made no effort to act in good faith. Again, they purposely filed a lawsuit knowing I was deployed in Afghanistan and so I could do nothing about it.
I have all of the documentation, files, audio recordings, some videos, emails, transcripts, signed documents to verify all of this. I can play you the phone call where their lawyer acted extremely unprofessionally, refused to talk, and hung up on me. Their property manager from 4 Seasons lied over and over as well.
I am more than happy to continue this cause to balance HOA powers and hold them accountable. Please contact me ANYTIME to discuss or continue the push to hold the HOAs accountable.
So, I am so glad and thankful to the legislators of Colorado and everyone who has worked so hard to make HOAs stand accountable and not have so much unbalanced power. THANK YOU!!
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.