Some HOA Boards bend the laws their way

Thank you for this Task Force, I know it will ultimately have a positive effect on many distressed homeowners. We do need help from you, our trusted elected officials.

During your sessions less from attorneys (their HOA board business is highly lucrative), would be a good thing.
I have read and heard of many of the HOA homeowners stories and have heartfelt compassion for them since I’ve experienced some of the same kind of nonsense. A great number of HOA boards prey on homeowners they don’t like for some reason- be it asking too many questions, especially financial or something else. In our community, Pinon Bluffs Townhomes Owners Association in Colorado Springs, this has resulted in continued harassment and “punishment.” For instance, my front yard is bare ground, and no it’s not because of the pine tree, we have many pine trees here. I pay $478.50/mo for this., and it’s been going on for several years. Fines are imposed in direct opposition to 38-33.3-123 C.R.S. Enforcement (2) and 38-33.3-313 C.R.S. Insurance (4) (a) (c) (5), and (9) (a). My pro rata share of the deductible was paid ($7200.00). We have twenty-three units, all of the larger decks facing west were replaced except three - two who had inadequate HO6 policies (repaired and heavily stained) and mine. I was offered $1900. for the west facing deck needing replacement (too damaged to hold stain well), and two other balconies that weren’t stained along with the others.I was told they wouldn’t stain them because “I spoke to the vendors and obstructed their work.” This is absurd. As for my west facing damaged deck, it simply needed replacement after a devastating hail storm. I called the insurance company and they stated they could open the claim and replace it. Obviously, the board stepped in and stopped that from happening. Subsequently, responsibility for maintaining our decks was voted in by members. Voting practices could be tightened up too.
The answer to all these inequities could be an enforcement agency. A new system or overhaul needs to be accomplished. Perhaps a few “problematic “ associations could be designated to do a “test run” with a reputable accounting firm taking over financial duties.
Better yet, legislation requiring HOA boards to submit to a forensic accountant (chosen by the state) every few years. Yes, forensic accountants are expensive but so are board attorneys.
There is Good Legislation on the books to protect homeowners but it’s near impossible for a homeowner to enforce them, even in court.
As one of your wise legislators stated on Friday, enforcement is the issue, not communication because the communication is skewed by one party or the other.
HOA boards have a fiduciary duty to ALL members. Unfortunately, ALL is not included here.
Bottom Line: UNFAIR PRACTICES MUST BE EXPOSED AND REMEDIATED for the WELL-BEING OF THE CITIZENS OF COLORADO.