Thank you
None of the homeowners woke up one morning and decided it was a good day to take on the HOA, management companies or attorneys. There is a survey on this site, ~2/3 of respondents have some dissatisfaction. This is not Candide's "best of all possible worlds". Let me describe my past month. On December 1, 2023, I received an email from the property management company of an increased assessment (~double). Even the most superficial language of PROPOSED was missing. On that date, my understanding of what my rights were under the CCIOA, Governing Documents and Bylaws were abandoned. Over the weekend, the discussion of what homeowners could do took place on social media. Apparently, the property management company had told some homeowners a "quorum" could overturn the budget (yes, I have screenshot). This is not true and an 80% veto would be required. By December 5, 2023, the property management company had reconsidered and notice was given for an annual meeting and budget ratification to take place on the Thursday before Christmas. The physical posting of the assessment change and meeting gave neither the time or location. A proxy was included with the notice. The proxy is a general proxy. The following week, December 12, 2023, ANOTHER notice was sent out. The location of the meeting had changed but EVERYTHING else was CORRECT and ACCURATE! This of course was not true. The management company had changed the term of any elected Board Member to THREE years instead of the term given within the Governing Documents. Again the General Proxy was included to be sent TO the management company.
On December 14, 2023, the management company sends yet another email. For those who cannot attend the annual meeting in person (like myself), the annual meeting will be available by MS Teams. HOWEVER, as a participant on MSTeams, the participant will NOT be counted as present and WILL NOT be allowed to vote. I might mention that there is nothing in the Governing Documents, Articles of Incorporation or Bylaws that prohibit virtual attendance OR voting. In fact, those documents anticipated the use of virtual meetings and permitted voting.
On December 21, 2023, I attempted to join the annual meeting by MSTeams. Once again, I have the screenshots. I was not permitted to join the room until about 30 minutes after the beginning of the meeting. This portion of the meeting covered what I understand were the issues surrounding the increase in the insurance premium and need for increased assessment. I do not know what was said or the explanation. Was this intentional discrimination? Am I now a second class, less preferred homeowner? I have no right to be counted as present, I have no access to information, I cannot ask questions and I cannot vote. The website provided by property management has ONE meeting minutes for 2023. The financial information stops at October. I cannot ask why an asset for PRE-paid insurance starts on the books in December 2022 if what I understand is true that the board and property management only had TWO WEEKs in October 2023 to work on the increase of the insurance premium. I cannot ask why in October 2023, the management fee was ~DOUBLE. Not many choices for me are there?
By the way, the notice for the January dues came right on time! Course we have no coupon book for payments but I'm sure the late fees will be worth it.
I can go on and on. Ad nauseum ... Do you (taskforce) believe for one moment when the property manager sent out the FIRST notice of assessment change, there was even ONE moment's thought of CCIOA or Governing Documents or Homeowner's Rights? The ONLY way out of this mess are enforcement rights for the Homeowner and STIFF penalties for those who believe we are tenants on our own property. You will always have a difficult argument with me that less education and knowledge is better than having an understanding about what a fiduciary responsibility means.
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.