HOA Homeowners' Rights Task Force

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  A Question for Reprsentative Ricks

  by Robert Racansky, over 2 years ago

  
  

  non sequitur. noun. A conclusion or statement that does not logically follow from the previous argument or statement.

  www.youtube.com/watch?v=Z5k8hRj6iNc

  HOA HOMEOWNERS’ RIGHTS TASK FORCE • DORA_ Division_RealEstate - DORA
  streamed live on October 24, 2023

  During the first public meeting of the H.O.A. Homeowners Rights Task Farce on October 24 2023, Colorado State Representative Naquetta Ricks (Democrat – Arapahoe County) asserted that the licensing of H.O.A. managers is necessary because of the financial crimes they commit.

  @ 1:16:26 The second regulation that is necessary right now based on all of the feedback from constituents and H.O.A. dwellers and... Continue reading

  
  

  non sequitur. noun. A conclusion or statement that does not logically follow from the previous argument or statement.

  www.youtube.com/watch?v=Z5k8hRj6iNc

  HOA HOMEOWNERS’ RIGHTS TASK FORCE • DORA_ Division_RealEstate - DORA
  streamed live on October 24, 2023

  During the first public meeting of the H.O.A. Homeowners Rights Task Farce on October 24 2023, Colorado State Representative Naquetta Ricks (Democrat – Arapahoe County) asserted that the licensing of H.O.A. managers is necessary because of the financial crimes they commit.

  @ 1:16:26 The second regulation that is necessary right now based on all of the feedback from constituents and H.O.A. dwellers and people here is the licensing of H.O.A.s and Community [sic] Managers.

  Currently I am a mortgage broker. I'm licensed to operate here in Colorado. And realtors are. Appraisers are. Everyone is.

  And within Colorado, with all of these people who dwell within Common Interest [sic] Communities [sic], and these H.O.A. management companies are, there's a plethora of them, there's no licensing.

  We need to be able to manage them.

  There's been cases where H.O.A. management companies have run away with the monies in the account, that people have been duly paying on time. And then all of a sudden the H.O.A. management company leaves, and all the funds in account is gone.

  So those poor homeowners are left without any money to pay for assessment, for repairs, or anything like that.

  So we really need to start regulating that. And that is something that I think we need to vote on as far as whether or not that needs to happen. But that is something that has come time and time again from homeowners. @ 1:17:44

  This begs the obvious question. Why aren’t these criminal H.O.A. managers being hunted down by law enforcement, arrested, prosecuted, and required to make restitution?
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  Making greving eaiser

  by camp, over 2 years ago

  On October 16 2023 my father, Roger Povilus died. He owned two properties in Boulder CO which my sister and I will inherit. Unfortunately on October 26th one of his tenants discovered that the heat was not working, and I went over on the 27th to investigate. It turns out that there was a water leak that had dripped onto the unit’s boiler and made it inoperable. I immediately reached out to my insurance and the building’s HOA. My insurance told me that they needed the HOA docs. The HOA told me that they were unable to provide me with... Continue reading

  On October 16 2023 my father, Roger Povilus died. He owned two properties in Boulder CO which my sister and I will inherit. Unfortunately on October 26th one of his tenants discovered that the heat was not working, and I went over on the 27th to investigate. It turns out that there was a water leak that had dripped onto the unit’s boiler and made it inoperable. I immediately reached out to my insurance and the building’s HOA. My insurance told me that they needed the HOA docs. The HOA told me that they were unable to provide me with the governing docs because I was not the official owner. In order to be made the official owner I need the death certificate, and potentially a letter from probate court. This will take at least 8 weeks. In the meantime I am having difficulty communicating and coordinating with the HOA and my tenant has had to use space heaters for over two weeks.

  
  

  HOA governing docs do not need to be kept secrete and transmitting a few kilobytes across a wire costs basically nothing, Why are HOA docs not required to be public and posted online?
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  H.O.A. Transparency : A Proposal

  by Robert Racansky, over 2 years ago
  

  Current and potential investors can determine the value of a publicly traded company by its stock price. Current and potential homeowners have no way – zip, zero, nada, zilch – to determine the value of nor provided by an H.O.A. corporation. Or whether that value is even positive or negative.

  On May 31 2019 – more than four years ago – Governor Jared Polis directed the Department of Regulatory Agencies (DORA) to consider and make recommendations to increase transparency within the homeowner associations that govern half of Colorado’s population.

  I hereby direct the Executive Director of... Continue reading

  Current and potential investors can determine the value of a publicly traded company by its stock price. Current and potential homeowners have no way – zip, zero, nada, zilch – to determine the value of nor provided by an H.O.A. corporation. Or whether that value is even positive or negative.

  On May 31 2019 – more than four years ago – Governor Jared Polis directed the Department of Regulatory Agencies (DORA) to consider and make recommendations to increase transparency within the homeowner associations that govern half of Colorado’s population.

  I hereby direct the Executive Director of DORA (Executive Director) and the Director or the Division of Real Estate to lead a stakeholder process that will complete a comprehensive review of CAMs [communisty association managers] and HOAs. The Executive Director will consider, develop, and make recommendations on how to promote effective and efficient regulation of CAMs and HOAs, including the following:

  A. The licensure of CAMs, considering recommendations from the the 2017 DORA sunset report, and whether licensure is needed to protect consumer safety and is cost-effective;

  B. Approaches that improve transparency among HOAs;

  C. Methods to reduce costs and improve the transparency of HOA fees and fee schedules; and

  D. Strategies to promote homeowner rights and consumer protections through an evaluation of the Colorado Common Interest Ownership Act and other related acts or rules.

  Emphasis added. You can read the entire Executive Order → here ←.

  DORA released their 2019 Report Concerning the Governor’s Executive Order D-2019-006: Directing a Stakeholder Process to Examine Community and Homeowner Associations on December 31 2019, which you can read → here ←.

  DORA's recommendations were such a resounding success that four years later, the first public meeting of the H.O.A. Homeowners Rights Task Farce spent about ½ hour discussing how to increase the transparency of H.O.A. fees and budgets.

  HOA HOMEOWNERS’ RIGHTS TASK FORCE. DORA_ Division_RealEstate – DORA. Streamed live on Oct 24, 2023

  This is a simple problem to solve, or at least mitigate to a very large degree.

  Publicly traded companies are required to create, publish, and file with the Securities and Exchange Commission (S.E.C.) a prospectus.

  A prospectus is a formal document required by and filed with the Securities and Exchange Commission (SEC) that provides details about an investment offering to the public.

  The prospectus can help investors make more informed investment decisions because it contains a host of relevant information about the investment or security. In areas other than investing, a prospectus is a printed document that advertises or describes an offering such as a school, commercial enterprise, forthcoming book, etc. All forms of prospectus exist to attract or inform clients, members, buyers, or investors.

  - Investopedia

  Today, prospectuses are most widely distributed through websites such as EDGAR and its equivalents in other countries.

  - Wikipeida

  H.O.A. corporations should be required by law to regularly produce – say, on an annual or quarterly basis – a prospectus-type document, file it with an appropriate state agency; probably the Department of Regulatory Agencies (DORA) in this case, or the Secretary of State's office which is responsible for registering corporations.

  Such a document should be available to the public without restriction, from the H.O.A. and/or the State.

  This would allow current owners, and potential owners, access to much of the information they require to determine the financial status of an H.O.A. corporation. By filing it with a State agency on a regular basis and making the document public, it would also make it difficult for an H.O.A. corporation to retroactively alter and falsify certain records.

  The State should determine and enforce a uniform format for such documents, so that potential home buyers can easily compare the prospectuses of various H.O.A. corporations.

  While the exact contents and format are to be determined, information in this document should include, but not be limited to

  a) amount of assessments (“H.O.A. dues”), both current and historical, per unit

  b) other sources of the H.O.A.’s income (e.g., fines)

  c) budget information, both current and historical

  d) information about the Board of Directors

  e) information about the management company and law firm and other vendors

  f) past and pending litigation

  g) list of violation notices and fines issued by the H.O.A. corporation

  1) with some provision to protect the privacy of the individual homeowners

  h) list of liens filed and held by the H.O.A. corporation

  i) list of foreclosure actions by the H.O.A. corporation

  j) the governing documents of the H.O.A. corporation, including but not limited to

  1) the Declaration

  2) the CC&Rs

  3) the Bylaws

  4) any other rules and policies

  k) quantify by how much the H.O.A. corporation has enhanced (or harmed) the values of the properties under its governance, so homeowners and potential buyers can make fully informed decisions about their real estate investment.

  Publicly traded corporations are required to file regular disclosure documents with the Securities and Exchange Commission so that investors can make informed decisions. Given that a buying a home is the largest investment for most people, there is no reason that H.O.A. corporations should not be required to do the same.

  If our legislators are serious about increasing the transparency of homeowner associations – and I do not for one second believe that they are – then they would require that this type of information be easily available to members of the public before they even begin the process of buying a home. And available to our law makers so that they can use the information to craft legislation and measure the success (or lack thereof) of the laws they pass.

  But that will never happen. Because the last thing that the H.O.A. industry special interests who govern half of Colorado’s population, and our public policy makers, want is informed and empowered homeowners.

  
  
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  Task Force Observations II

  by gvito, over 2 years ago
  I watched the second Task Force Meeting last week and just read other observations this morning. First, it is clear to me that the forgotten person is the homeowner who pays their assessments and follows the rules. It seems the entire thrust of the discussion is to cater to those who do neither. It was easy to watch the expressions of the Task Force members when told that the mandates in HB22-1137 were expensive and were passed on to all the homeowners via monthly assessments. There was eye-rolling and headshaking. But, who exactly, does Representative Ricks, et al, presume pays... Continue reading

  I watched the second Task Force Meeting last week and just read other observations this morning. First, it is clear to me that the forgotten person is the homeowner who pays their assessments and follows the rules. It seems the entire thrust of the discussion is to cater to those who do neither. It was easy to watch the expressions of the Task Force members when told that the mandates in HB22-1137 were expensive and were passed on to all the homeowners via monthly assessments. There was eye-rolling and headshaking. But, who exactly, does Representative Ricks, et al, presume pays? Our HOA spent hundreds of dollars for our attorneys to draw up the new policies mandated by 1137. It may come as a shock, but attorneys do not work for free. Certified letters are not sent free of charge. Our condo HOA is paying $90 to a process-server to post mandated notices on unit doors. Again, the process servers do not work for free. Our Board consists of three women, to state that we should go to a unit door and post a notice that the homeowner is behind on assessments could put us in danger and our management company strongly advises against doing so.

  
  

  Finally, regardless of what others have written here, some people decide to move into an HOA community because that is best for their circumstances. I am a retired widow who moved from a single-family home to a condo because that is the best situation for me. It is obvious that some entity needs to manage multi-family homes. Exactly, who or what should do so if not an HOA?
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  Goats and HOA Board

  by I_Hate_HOAs, over 2 years ago

  I live in an HOA with 5-acre lots in El Paso County, East of Colorado Springs, just South of Shreiver AFB. I was the first to build in 2011 in the Cottonwood Estates community of 24 lots. At the time of purchase, I was given the wrong covenants from the realtor - one from 1996 instead of the 2006 active covenants. The board formed in 2015. We had already broken numerous regulations. The HOA president's wife brought her grandchildren to visit our Nigerian dwarf goats on numerous occasions. The vice president's wife brought her children to visit our goats quite... Continue reading

  I live in an HOA with 5-acre lots in El Paso County, East of Colorado Springs, just South of Shreiver AFB. I was the first to build in 2011 in the Cottonwood Estates community of 24 lots. At the time of purchase, I was given the wrong covenants from the realtor - one from 1996 instead of the 2006 active covenants. The board formed in 2015. We had already broken numerous regulations. The HOA president's wife brought her grandchildren to visit our Nigerian dwarf goats on numerous occasions. The vice president's wife brought her children to visit our goats quite often. Nobody ever mentioned that goats were in contradiction with the covenants. At this point, I still didn't have a copy of the covenants. Not only were we not told, but the Board actually encouraged us to build our herd, by their frequent visits. We paid $12K for a large shed to house our goats on our 11 acres (we own 2 lots). All of a sudden we're told we have to get rid of our goats. The board members started asking me what number of goats we would agree to reduce our herd. I later found out that they don't have this power. Rules are changed with amendments, not by Board action. If we reduce our number in this big shed, there won't be enough goats to keep each other warm in extreme cold. They would freeze to death. I got a copy of the covenants and noticed that there are violations all over the place. The Board has never pursued a single amendment to the outdated covenants, and they ignore regulation after regulation, other than our goats. Realtors have told recent buyers that there is no HOA, probably because they have a copy of the covenants and there are violations everywhere - HOA must not be active right? Now others have moved in, and they want some farm animals on their 5-acre lots and want their children to be part of 4-H. Hobby farms are perfectly OK according to the El Paso County zoning department. A committee has formed to put forth amendments to the covenants. However, they don't want to address enforcements. The covenants basically give the Board unequivocal power to enforce or NOT enforce (i.e. discriminate, play favorites, etc). If this community goes through the trouble to pass amendments, and update the covenants to the desires of the homeowners (2/3 vote), then the Board should enforce evenly and consistently, without the ability to pick and choose. But they want to retain this Dictator-like power.
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  Transparency, yet again

  by whoownsmyhome, over 2 years ago
  I sat in the webinar, via youtube, yesterday and came away with the sense that I have little hope the exercise is worth it.

  First, the prevailing idea that as a home buyer, you will stop the closing proceedings for an hour and a half while you read the HOA governing documents, by-laws, rules and regulations is unrealistic. Let's be fair, you're excited to finally be at that moment and it may be one of the most important financial decisions you will make. What if, once the offer has been accepted by the seller, there is an immediate transfer of... Continue reading

  I sat in the webinar, via youtube, yesterday and came away with the sense that I have little hope the exercise is worth it.

  First, the prevailing idea that as a home buyer, you will stop the closing proceedings for an hour and a half while you read the HOA governing documents, by-laws, rules and regulations is unrealistic. Let's be fair, you're excited to finally be at that moment and it may be one of the most important financial decisions you will make. What if, once the offer has been accepted by the seller, there is an immediate transfer of those documents AND a year's worth of the meeting minutes? I would have taken the time to read those documents and quite possibly of known of the construction defect lawsuit being pursued by the HOA and quite possibly have made a different decision about whether this was the home for my family. I was not given the opportunity, by the seller, by the HOA or the real estate agent.

  Secondly, when members of the task force use the CAI Satisfaction Survey (89% love the HOA) be honest the CAI is a lobbying organization for community management. The Zogby Survey they use (CAI) does not contain (as far as I could find) the data set from which their results were derived. Rocket Mortgage also has a survey of 57% dissatisfaction and 43% expressing satisfaction.

  Third, as tragic and devastating as the collapse of the Champlain Towers South, the NIST report has not been concluded and the investigation is continuing. Preliminary evaluations (September 2023) are suggesting design deviations. The report is not expected until June 2025.

  Fourth, many HOAs have public facing websites. This is a very good thing. Even GVR has a public facing website and yes, you can look at their budget, financial statements and governing documents. I think after looking at their budget, one can say they are not your "traditional" idea of an HOA. A budget where the first income item is fines and ~$440,000 is budgeted for attorneys. One thing they do extremely well is list the rules and expectations clearly and concisely. There are many but at least the homeowner knows exactly where they stand.

  Finally, the use of tropes and stereotypes are not helpful. Does it matter to any individual if they lose their home in foreclosure from the HOA whether they are one or many? To be cavalier in the attitude "it's only X amount" minimizes the trauma and loss to that individual and family. Be respectful, these are not just houses.

  I Google every so often, looking for that lime green house we are all so afraid of! I haven't found it yet. I did find a lime green door and oddly enough, I wasn't offended by it in the least. Perhaps tolerance is something we should encourage.
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  HOA's only get money from the owners

  by JS1978, over 2 years ago

  There appears to be a real issue saying an association needs to do XYZ but then also trying to limit an association from being able to raise and or collect funds to perform those tasks. All of these tasks cost money and running an association costs money. The local government has stopped building parks, stopped building pools. They expect an association to have these amenities and to maintain them, but then are trying to limit the association's ability to manage these.

  Regardless whether a special assessment or regular assessment is issued the only way an association gets money currently is... Continue reading

  There appears to be a real issue saying an association needs to do XYZ but then also trying to limit an association from being able to raise and or collect funds to perform those tasks. All of these tasks cost money and running an association costs money. The local government has stopped building parks, stopped building pools. They expect an association to have these amenities and to maintain them, but then are trying to limit the association's ability to manage these.

  Regardless whether a special assessment or regular assessment is issued the only way an association gets money currently is from the owners. You could require developers to provide x amount of dollars prior to turnover. However, that is also only going to come from the owners as the developer will simply increase the costs of homes to pass on the cost.

  The association cannot be responsible for people's personal finances. If we want to make sure people can afford their homes including the association costs we need to look at lending practices and actually make sure that a person can afford the house they live in. Whether that means increasing DTI requirements, requiring an upfront escrow to cover a certain amount of years of assessments that can be refunded at closing if it is never used etc...

  Ultimately though it seems we are trying to punish or force an association to try to handle social economic issues that are not within the control of an association.
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  Task Force Needs To Be Held Accountable

  by Ruth Carroll, over 2 years ago
  Lallis Jackson said that people choose to live in HOAs.

  She is dead wrong.

  NO ONE chooses to live in an HOA.

  The facts on the ground, simply, are: 1) there are few, if any, affordable properties that are NOT governed by HOAs and 2) No one is told they are moving into an HOA. Ever. (If they were told, they would look elsewhere. But there's no other place to live.)

  Lallis Jackson insists that "if people choose to move into an HOA, they should be responsible for obeying the rules, understanding their obligations, etc"--but this is misleading, wrong, and... Continue reading

  Lallis Jackson said that people choose to live in HOAs.

  She is dead wrong.

  NO ONE chooses to live in an HOA.

  The facts on the ground, simply, are: 1) there are few, if any, affordable properties that are NOT governed by HOAs and 2) No one is told they are moving into an HOA. Ever. (If they were told, they would look elsewhere. But there's no other place to live.)

  Lallis Jackson insists that "if people choose to move into an HOA, they should be responsible for obeying the rules, understanding their obligations, etc"--but this is misleading, wrong, and verging on immoral.

  If Ms. Jackson doesn't know by now, she should learn it immediately: No one who purchases a dwelling inside an HOA is told anything about HOAs. Did she read ANY of these letters and "storiers"? In quite a few of them, the author states that they simply bought the best house they could afford.

  This is false advertising. It is tantamount to gaslighting. This should be addressed. Otherwise, this Task Force is quickly devolving into the Mad Hatter Tea Party.
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  2 Acre Rural-Residential Zoned Lots in an HOA - NO BACKYARD CHICKENS/PETS

  by LT, over 2 years ago

  Our HOA is located to the west of Berthoud, in rural Larimer County. All lots are zoned Rural Residential, and are all 2 acres in size. Each house is now estimated to be worth over $1MM dollars (a HUGE increase since people bought land/houses in 2004-2006).

  A subcommittee of four neighbors, each with recent chicken-keeping experience here in Colorado, was formed to research local codes along the Front Range to see how other towns and HOAs have adopted rules regarding backyard chickens. By "backyard chickens," we mean 8 or fewer birds, HENS ONLY, on these 2 acre lots.

  We liked... Continue reading

  Our HOA is located to the west of Berthoud, in rural Larimer County. All lots are zoned Rural Residential, and are all 2 acres in size. Each house is now estimated to be worth over $1MM dollars (a HUGE increase since people bought land/houses in 2004-2006).

  A subcommittee of four neighbors, each with recent chicken-keeping experience here in Colorado, was formed to research local codes along the Front Range to see how other towns and HOAs have adopted rules regarding backyard chickens. By "backyard chickens," we mean 8 or fewer birds, HENS ONLY, on these 2 acre lots.

  We liked Ft. Collins' method the best - scalable bird numbers by half acre lot size increments (eg 6 at 1/2 acre, 24 max at 2 acres). We proposed language regarding coop size and materials (hardware cloth instead of chicken wire to keep out smaller critters, food storage, covered run to protect from hawks, etc.), and we have a trash service weekly already, so didn't see waste becoming an issue. No egg sales/stands, and following all applicable noise ordinances. 5 households were able to hold up the discussion and accused us of running the place into the dumps because of all the damage allowing chickens (8 or fewer) as pets would cause.

  People were already disgruntled because the architecture committee seems haphazard in enforcement and application of their own guidelines, and the Board pursues some complaints and not others, so a "Disband the HOA" movement started out of anger at the confusion so many were experiencing. The chickens catalyzed the conversation, but also got swept up into the whole deal, when all the (volunteer) subcommittee proposed was amending the current pet clause with regulations around backyard chickens (8 or less! no roosters!) on our large lots.

  So now we know more than half (but fewer than 67% maybe?) are all for chickens in the manner we proposed, but the loudest households are vehemently anti. They're saying we'd attract predators (we already have deer and elk and rabbits, so whatever eats them is already here), and that we want other animals (we never said anything about other animals). They're sending emails to the community with false claims and inflated fear mongering. We are likely going to vote on it. Even though the county allows 50 birds/acre, we are hamstrung by sloppy documents that prohibit poultry, which were written 20 years ago because the country required covenants so the developer could sell the lots.

  Where is a state law (similar to SB23-178) allowing us freedom of enjoyment and food production in our own lots?? We want to keep the neighborhood looking nice, and we want to work with our neighbors, but the handful of haters is preventing any modernization or flexibility between property owners.
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  Task Force, Do You Have the Courage?

  by Ruth Carroll, over 2 years ago

  I quote from the last "story" written here.

  "The HOA model is unsuccessful because it does not reflect any balance between the homeowner and the Board and management company. When does the homeowner have legitimate recourse for non-performance? ... From my perspective, the HOA and community management have done more to dissolve communities rather than strengthen them."

  "Community" is not strengthened by HOAs--AS THEY ARE CURRENTLY RUN. Efficiency is not strengthened by HOAs, as they are currently run.

  Every single person I know who lives in an HOA is acutely aware that community--meaning a feeling of purpose, that 'we're all... Continue reading

  I quote from the last "story" written here.

  "The HOA model is unsuccessful because it does not reflect any balance between the homeowner and the Board and management company. When does the homeowner have legitimate recourse for non-performance? ... From my perspective, the HOA and community management have done more to dissolve communities rather than strengthen them."

  "Community" is not strengthened by HOAs--AS THEY ARE CURRENTLY RUN. Efficiency is not strengthened by HOAs, as they are currently run.

  Every single person I know who lives in an HOA is acutely aware that community--meaning a feeling of purpose, that 'we're all in this together'-- is destroyed by HOAs, as they are currently run.

  The way HOAs are currently run, by HOA Boards, does not work because Boards do not know what the hell they are doing. And so they cause a lot of destruction.

  Task Force: do not waste your time haggling over non-essentials. Please, for the sake of the citizens of Colorado: address the issue of HOA Boards: either how to educate them FULLY, or how to get well-trained, licensed managers to run these communities. It can be done.