Our HOA is scared. We need help.

If there is any chance that you will investigate what goes on with our HOA, I will ask that you do it. If you were organized to come up with legislation to make HOAs more accountable, I will help.

Heather Gardens Association, Inc. A management company (HGA), about 1973, pre-dates CCIOA. Heather Gardens Metropolitan District, (HGMD) golf course, clubhouse, restaurant, sports courts, maintenance building and Linvale Drive, was established in 1985 so that those facilities could be purchased from the developer with money borrowed as a special district.

For the past 38 years HGA has managed HGMD facilities. They have not done an adequate job. The facilities are under-utilized and poorly maintained. Polices have not been followed and accounting for HGMD funds is totally inadequate.

I am currently an HGMD director, duly elected in May of 2023, along with 3 other new directors, campaigning for change. HOA members, including Board members, undermined us during the campaign and encouraged, from before we were even elected, to recall all 4 of us as soon as statutorily possible. A committee filed to start the process one day after 6 months. The treasurer and president of the HOA, term limited as of 12/23, sat at the recall table on January 6, 2024, encouraging residents to recall us. Petty reason(s). We opted to patch potholes instead of repaving a maintenance building parking lot, occupied by HGA. The CEO, CFO, Security Chief, Clubhouse manager, resident advisor and maintenance manager all resigned when we were elected. Our fault? Recommended replacing restaurant equipment purchased used in 2012.

I have spent 7 years on various committees and sub-committees of HGA and HGMD. When I found irregularities, and questioned them, I was removed from all committees with a mandate that I do not ask questions or engage with employees. This was 3 years ago. Now I am on the HGMD board. Everything possible is being done to discredit me and the other 3 new Directors and remove us as fast as possible.

HGA had 5 controllers/accountants/CFO in 7 years. The same auditor has audited HGA and HGMD forever. No one is aware of a forensic audit. I campaigned for a different auditor for HGMD because of irregularities. Almost as soon as we four took office, the CEO (hired as a GM) and the CFO, hired as a controller, resigned. Job titles reverted to GM and Controller within 4 or 5 months.

HGA uses a PEO. For years, every time I ask how many employees there are on payroll, I am told 130-135 payroll checks are issued every two weeks. We have 99-105 employees. I have verified their names and positions. When I ask where the other 30 come from, I am told they are seasonal. There are not 30 seasonal employees running around all year long. Spring, perhaps some. Winter, perhaps some. But never have they quoted less than 135 paychecks. HGMD has been barred from seeing any payroll information, not even for the staff who exclusively is billed to them. The auditors do not audit payroll. Auditors may randomly select something, or someone, is what I am told. Auditors are only auditing the financial statements, I am told.

Why is the HOA, hired by HGMD to manage district facilities, so set on getting the four of us out of office as soon as possible? We did hire an audit firm willing to replace our previous audit firm. They are under contract, but cannot do it until the first of July. If the recall is successful, that could be too late. The new treasurer of the HOA, just elected, approached me at least twice while we were campaigning and asked me to step back from engaging a different auditor. For years he and I served on the same budget/finance committee. I advocated for independent auditors and he always discouraged hiring two different ones because of cost, never verifying or going to bid. Even though he was not a Director of HGA yet, he served on the Budget/Finance committee for several years and was considered the heir apparent for the treasurer position. He asked other directors to dissuade me. He cited cost. We hired an auditor $10,000 less than the proposal from the long time audit firm.

A terribly written Management Agreement has forced co-occupation and a lawsuit for Breach of Contract. HGA, who has been the agent for HGMD, in exchange for administration office space, security space and the maintenance facility has done the administration and accounting since the beginning. They started purging the website, refused to prepare minutes and stopped co-operating just after our election. The CHRO issued a statement to all employees to not engage with directors, to refer any question to the CEO (who then resigned) ,thus stonewalling any change (including changing access codes that had been the same for 10 years) we had promised in our campaign.

I would be happy to answer any questions. HOAs should not be allowed to manage the District, but this HOA is grandfathered. Our biggest questions are why some of the past HGA directors, president and treasurer, at least, are ramrodding this recall. HGA, the management company, insists they can manage the homeowner residential property as well as all the facilities including a restaurant, recreation center, golf course and other structures. They have failed and cannot maintain our properties and facilities.