HOAs are like herding cats

Until I became a full time Owner-Resident in my primary home HOA, I was drafted to become the President in 2010.

That was 13 years ago and have served on the Board (BOD) every year since then. Being re-elected was not an issue for other and new Owners and served for the last 7 years as an Owner-Resident.

In the same time period, I also owned property in 2 other HOA communities and participated as Owner-occupant when possible, at BOD meetings, but not as a BOD member. some say I must be nuts or a glutton for punishment.

I do listen to DORA presentations and follow 'HOA legal issues' as time allows.

Observing the HOA legal developments since 2010, I have noticed, learned and my primary reasons for participating are as follows:

I participate to protect my property value and monitor or participate in financial stability and health of the HOA assets.

Since I have a strong background in real estate, it is a requirement to ensure HOA management follows good practices and maintains good legal principles.

If an Owner member is willing to serve, others are happy to let others do the work, manage. Serving on a BOD is a "thankless job".

A portion of Owners seem to have a weak understanding of financial management that must apply to a sound HOA. They must be led with excessive communications.

A portion of Owners ignore or have little sense of reading email or notice letters sent to them by the HOA BOD.

New Owners typically state they were provided some docs of HOA disclosures, but few read them or understand they have acquired a property in a "covenant controlled community". Offending owners typically learn about the R&Rs by breaking them and receiving reminders of their transgressions.

This discipline of legal transfer MUST be improved by the Real Estate community and DORA and many licensed brokers fail to adequately inform new buyers in the purchase processes.

Owners are quick to criticize, but mostly fail to attend BOD meetings or read minutes that affect them .

Owners fail to realize the HOA financial matters are a primary purpose of the BOD and tend to be critical of small business decisions when they failed to participate in the decision processes.

A few of HOA boards have made bad community decisions and the press has made false assumptions ALL BODs are bad and must be more regulated. This trend is headed in the WRONG direction and over regulation will cause BODs to evaporate since managing will be more restrictive in accomplishing needed HOA priorities.

The trends of regulation, ie HB1137, are undermining basic real estate laws and has begun to be setting fundamental restrictions on private property ownership, especially in HOAs and by HOA boards. It should be repealed and re-examined for its lack of purpose and benefit. Case law will take too long and liberal application of misguided regulation will cause financial hardship in BOD decisions, a trend that discourages good and financially stable HOA ownership.

CO Legislators are listening to some of the most uninformed legislators and influencers from outside the HOA realities. The concept of some kind of 'task force' to find and sort facts and reality of any HOA issue is a good and healthy direction BEFORE presentation of HOA new laws to the Legislature.




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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.