Let's get personal - it's our homes, it's our money, 2 highly charged emotional issues: Build a community not an HOA
I was president of a small area neighborhood in Denver many years ago, where little, if any, funds were raised but we built community, worked to get a park in the neighborhood and had little or no strife. Ahhh, those were the days!
Today, I'm living a very different experience with an HOA that is focused on everything except building community. Instead of asking your neighbor for help, everything is a matter of hiring out the work, paying for consultants, experts, project managers and lawyers and complex management companies.
I live in a townhome community of 32 owners. The units are aging but well maintained. For 50 years when it was time to fix a roof or a sidewalk or a common structure, we were assessed the fee. We had a board that took bids, remained transparent to homeowners and listened.
Currently this same HOA board has made the decision to build a 'reserve account', requiring all homeowners to contribute $14,000-$17,000. A reserve account they say will mean we won't have assessments when it's time to make improvements. A "reserve study" made in 2023, stated it will be 7 years before any large assessment is due. That information gives all homeowners time to save up (earn interest) and pay the assessment when necessary. However, this board is not giving us that option. The only option suggested is to break up payments over the course of 5 years, in essence placing a lien on each homeowner for those 5 years - making it difficult to sell their home if necessary. And anyone moving from their home would not benefit from the 14 or 17K they invested in this reserve account.
Homeowners should have the right to personally save for assessments and in so doing, earn the interest on those savings rather than the HOA profiting from interest earned from a 'reserve account." HOA's should have the obligation to keep owners appraised of upcoming costs, assessments.
Additionally, homeowners aren't allowed to step in when a board overspends until the next election. My current HOA board has overspent by 100K from the budget. And there is nothing non-board members are able to do about it, except wait 2 years for an election and hope to win 67% of the vote. I've learned complex management companies are not accountants.
Additionally, the by-laws at this complex have made it nearly impossible to reject board decisions, or have a voice in the community. A vote of 67% of the homeowners is required to veto the board's decisions. Every non-vote is vote in support of the board's decision. Was there ever an election in history where 67% of the vote was achieved? We were told this percentage was intentional to allow the board the right to "get things done." Fifty-one percent is fair and attainable when an issue comes to a vote.
This same board has increased HOA fees for the past 5 years by 75%. Realtors have said homes in our price range will lose a sale if HOA fees are in excess of $500 a month. We now pay $565. Regardless the efforts made to stop these increases we were never able to get the 67% necessary.
By-laws need to be written on 2 pages, not 20. The simpler the rules, the easier it is to live with them. Rather than let's hire that done, let's build community that will help get it done. Rather than spend on lawyers to write, rewrite, and review by-laws, ask the community what they think are the most important aspects of an HOA. What do they want from an HOA. People will support what they helped to create.
Humans like to help one another. HOA's need to build in 'helping' rather than 'hiring'. Saves money, builds caring.
My current HOA board has overspent by 100K from the 2023 budget. And there is nothing non-board members are able to do about it, except wait 2 years for an election and hope to win 67% of the vote. I've learned neither board members, HOA's or complex management companies have to hire an accountant. Now there is one hire worth making.
I recently requested documents about money spent during the year that were not covered in the yearly budget. I was sent a 5 page "policy request form" from the management company. My new neighbor had to pay $6600 the first week they moved into their home because the HOA didn't reveal the upcoming assessment.
HOAs (or at least many I've heard about) shut themselves off from the people they are there to support.
Board meetings need to be in-person. Covid is over and the easiest way to avoid conflict, or discussion, or having your decisions questioned is to have a zoom meeting. Zoom promotes lack of accountability as do 'portal pages.' Meeting only on zoom, my board only advises of upcoming meetings (important or not) 2 or 3 days ahead and sometimes the same day of the vote. Voting which is not open to the whole community is done 'off line.' We're asked to leave the call and then the vote is taken. No transparency.
Obviously, I've thought about and worried about this a lot. Thanks for reading (all the way to the end?? remarkable!") Changes are necessary and I want to help bring those changes. How can I be of service?
Janet Wren
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.