Nightmare Situation. HOA's default is to insist that any repair is the owner's responsibility, regardless of the circumstances.

To whom it may concern,

I am a homeowner who lives on N Washington St, Denver CO 80203.

***For the record, I have numerous emails and photos citing what I am referencing in this statement***

On 6/26/2023 I reported a suspected leak in my bathroom ceiling to the HOA manager/CEO/Owner as well as the “temporary” Board members.

As the week progressed, I continued to post photos via email exhibiting damage that was spreading rapidly, asking management to take some action. What ultimately transpired was a diagnosis from a plumber that the upstairs condo owner had a leak in his toilet which had permeated through my ceiling creating a dangerously toxic situation. I was told by mitigation experts that the leak had caused a highly contaminated environment.

Fast forward and it is now 8/25/2023 and I remain living in a condo with a ceiling less bathroom that I cannot adequately use due to an extremely delayed reaction on the part of the HOA, in terms of communication, direction, guidance, performance and instruction. I will add that I experience obstruction and obfuscation any and every time I ask to be given information on why the HOA and Board are holding this process up.

The HOA refused to file an insurance claim in a timely manner, despite being told by the insurance company that it was strongly recommended that they do this, in order not to push the repairs process out longer than necessary. I have since discovered another leak, coming from the same upstairs condo. The condo owner is also a member of the Board. To date, this leak, and the damage in my unit caused by the original leak also remains unfixed.

Since I purchased my condo (two years next March) there has been a pattern of the same type of behavior (refusing me access to things that other people are readily permitted to). I was told that I could not have my elderly dog on the property unless I could guarantee it would not do any business in the yard but instead hold its pee until I reached the grass verge with it. When I asked other residents about this rule, they looked at me like I had three heads and said that no one in the building abided by anything like that. I was also told that I could not install a washer dryer in my unit, only to find out that a number of homeowners in the building have washer dryers. I have had the telephone hung up on me. I am deeply upset and disturbed by this, as I perceive that I am being treated differently than other people/owners in the building.

I called the HOA company up and asked who I could report my concerns to and was told:

“There is no one to complain to because the HOA Manager owns everything: he is the CEO”. It seems suspect to me that I would be told this. Since when has it been ok for a rep of a business to tell someone there is no recourse or due process when it comes to grievances?

The latest I have been told is that I am prohibited from being involved in communications involving finances, between the HOA and vendors that have been working with me in order to assist me to get my repairs done. The vendors express confusion and frustration surrounding continuous obstruction, obfuscation and confusion emanating from the HOA. I believe that trying to prohibit me from being present, and a participant in communications regarding the repair of my bathroom is an infringement of my civil liberties.

There is no cohesive Board of Directors and thus no oversight when it comes to financial operations or any operation at all, quite frankly. In fact, no one who sits on the arbitrary, temporary, transitional board seems able to clarify or understand what their specific roles and duties are. When anyone living in the building questions the approach of the HOA, has concerns about transparency or holds criticism regarding what funds are being used for, their worries are minimized and silenced and they are curtly told to join the board if they have issues with the way that things are run. Bear in mind that this completely homogeneous Board seems to hold meetings once or twice a year. The fact that I was recently told that I am being left off emails involving financial planning pertaining to my condo repairs not only has me feeling inappropriately controlled, but also nervous about where my monthly dues are going; I have no idea what the money is being spent on.

I really need help holding these HOA representatives accountable. Please advise.

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