Support the HOAs
Please keep in-mind that you will typically hear from people living in HOA's who do not like following the restrictions that come with the deed on their property. My feeling is that if you do not like the restrictions placed on your property with HOA's, then don't live there. It is your choice. Nobody made you live in an HOA. Those who failed to comply with rules always speak the loudest and only represent a small number. They are just angry because they were caught.
Take the story regarding the Pagosa Lakes Property Owner's Association and the couple trying to build a house. Please remember, there are always two sides to the story. The accusation is that the Association changed the rules and went after the couple. The rules were not changed. The Declaration of Restrictions are clear about needing a permit and completing construction timely. A new permit is required every six months to extend a project. The Board of Directors in response to numerous complaints regarding construction taking years, increased the permit fees to encourage contractors to complete construction in a more timely fashion so neighboring property owners would not be impacted for long length of time. Visualize and put yourself in the neighbor's position having to see a construction site next to your home and listen to the noise go on for years. Not a happy harmonious community now is it. Needless to say property values decrease with extended construction going on.
This couple proceeded to fail to renew their permit and live in their RV on the lot against the Rules and Regulations. They also were fined by the County for not renewing their permits as well State plumbing inspections. After being caught by the Association and the County and State, they proceeded to hire an attorney and come after the Association. The Association defended themselves in Court and received judgement in their favor along with being awarded attorney fees. The Judge recognized right away that PLPOA was following the governing documents and the Plaintiff did not have any evidence of value other than they did not want to pay the permit extension fee. The Association has documented time stamped photos of no work being done to this house for months, so the statement diligently working on their home is false. As it stands today, this site has been under construction for over 7 years and still going. Nice neighbors.
The couple on the same street who cut their trees without approval were given a violation and a fine. Following the enforcement process, the owner requested a Hearing Panel. The Hearing Panel is made up of owners in the PLPOA community. They listen to the owner of why they were in violation or claim not be in violation. The Hearing Panel makes a decision and forward their recommendation to the Board of Directors. In this case, the Hearing Panel made a recommendation to lower the fine and request to plant trees in their place. The Board reviewed and accepted the Hearing Panel's recommendation. Does not seem like good 'ol boy to me, but following the Enforcement Policy.
Over 50% of the PLPOA violations are generated from neighbor complaints. PLPOA promotes the fact that their goal is to achieve compliance and work with owners to achieve compliance versus fines. Less than 16% of all violations make it to the violation stage. The 2023 budget for fine violations is $3,500 for a community of over 6,500 lots and several million dollar budget. Wow, does this sound like an Association out of control or maybe a homeowner who was caught failing to comply with the governing documents and does not like it.
The bottom line is you are actually hearing from owners who have a vendetta against their Association for failing to be a good neighbor. Please get all the facts before making more legislation based on here-say and
and harming all the good owners living in HOA's. Thank you
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.