HOA Homeowners' Rights Task Force

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  Task Force, Do You Have the Courage to Address the Real Issue?

  by Ruth Carroll, over 2 years ago
  They say the status quo never disturbs itself. But how about if there is a mountain of evidence you have to purposely avoid and pretend not to see, in order to keep going in the same old way?

  
  

  There is a mountain of evidence that HOA Boards are unprepared, unqualified, overloaded with responsibility--and that Board members--as they tend to do in such situations--behave badly, unwisely, fearfully.

  Plus there is no adequate education or preparation for HOA Boards.

  But when troubles occur, as they invariably do!, the homeowners are blamed. The system is never questioned.

  What kind of public representatives would... Continue reading

  They say the status quo never disturbs itself. But how about if there is a mountain of evidence you have to purposely avoid and pretend not to see, in order to keep going in the same old way?

  
  

  There is a mountain of evidence that HOA Boards are unprepared, unqualified, overloaded with responsibility--and that Board members--as they tend to do in such situations--behave badly, unwisely, fearfully.

  Plus there is no adequate education or preparation for HOA Boards.

  But when troubles occur, as they invariably do!, the homeowners are blamed. The system is never questioned.

  What kind of public representatives would to allow their constituents to be victimized in this way and in fact, rubber stamp it as legitimate?

  How can this Task Force discuss anything else when the HOA system has harmed so very many decent citizens?

  
  

  
  
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  Budget and Board Meeting

  by LRB, over 2 years ago

  Because transparency about budgets was raised at the task force meeting, I thought I would let folks know how our process is going. Our HOA Board met last week to discuss, among other things, the budget. Because we were also discussing 2 policies, and our bylaws require that notice of board meetings where policies are going to be voted on be mailed to the homeowners, all homeowners received a letter notifying them of the meeting and where to find the agenda on our website. 3 board members (we currently have 2 vacancies on our board) representing 3 households were present... Continue reading

  Because transparency about budgets was raised at the task force meeting, I thought I would let folks know how our process is going. Our HOA Board met last week to discuss, among other things, the budget. Because we were also discussing 2 policies, and our bylaws require that notice of board meetings where policies are going to be voted on be mailed to the homeowners, all homeowners received a letter notifying them of the meeting and where to find the agenda on our website. 3 board members (we currently have 2 vacancies on our board) representing 3 households were present. 4 other households were present. That's 7 households out of 87 in our HOA. Homeowners were given the opportunity to comment as well. Our annual meeting is in a couple of weeks where the budget will be discussed in detail. The letter notifying the homeowners of the meeting includes a statement on their right to veto the budget if they so desire (as outlined in CCIOA).
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  Transparency and Accountability

  by whoownsmyhome, over 2 years ago
  In the last two months, I've had the opportunity to look more closely at my HOA and how it works. Prompted by violations to be sure. When I purchased my home, I had no idea about the HOA. I was told the HOA was responsible for snow shoveling, trash pick-up, water and landscaping. All good things, I thought at the time. I soon came to find trash pick-up was the only consistent amenity. I was not told at closing about the imminent construction defect lawsuit and Notice of Claim was sent to the contractors four days after closing. Upon reviewing... Continue reading

  In the last two months, I've had the opportunity to look more closely at my HOA and how it works. Prompted by violations to be sure. When I purchased my home, I had no idea about the HOA. I was told the HOA was responsible for snow shoveling, trash pick-up, water and landscaping. All good things, I thought at the time. I soon came to find trash pick-up was the only consistent amenity. I was not told at closing about the imminent construction defect lawsuit and Notice of Claim was sent to the contractors four days after closing. Upon reviewing the record over the last two months, it amazing what you find out!

  The lawsuit was ultimately settled and funds disbursed. However, according to the record there has never been an audit published.

  If the homeowner in my HOA cannot attend Board Meetings for very practical reasons, they are forced to get their information from a website. Sounds convenient! The website is operated by the management company. The same management company which has over the years been not exactly responsive. If you make it through the email, "I am out of the office on inspections", you will be gaslighted about whatever it is you are trying to alert them to. Water gushing out of the broken irrigation line? Three weeks later, you might get an email asking if it's still happening. Yes, it is, but that's the last time you hear from them. That duck tape fix by one of the landscapers is probably still there.

  Back to website. Meeting minutes are available on the website! Meeting minutes for a different HOA are included. Two records for meeting minutes are available for the current year. One applies to my HOA, the other are the meeting minutes for what I presume is another client of the management company. I am left wondering how much comingling of information is going on.

  Last month, the community manager admonished the homeowners for what appears to be a parking violation. The CCR and by-laws contain no language to address this particular violation which the community manager states will result in towing and since there appears to be comingling of HOA websites, is this meant for our HOA? It has "come to her attention" so I will do my absolute best not to "attend guest parking".

  The website contains the Financial Records! Apparently for 8 out the last 12 months, the HOA has relied upon the use of "suspense accounts" to balance the monthly statement. For a relatively small HOA, -250 members, ~$50,000 seems to be unusual but I'm sure the management company has it under control. In doing my research, I attempted to be as fair as possible. I looked at many resources online. Customer reviews, good and bad. Complaints and how they were resolved. This website and various documents found here. One thing that stood out were the homeowners contacting the BBB to resolve issues about assessments. One complainant was trying to resolve a change with their bank account. The management company was unable to facilitate that change without assessing late fees and penalties after several months. The homeowner complains to the BBB after several months about the late fees and penalties and after several contacts with the management company. The management company in response, while correcting the errors also states they deserve the $$ for having to deal with the homeowner. Disrespectful to be sure but it also indicates the lack of accountability of the management companies to the homeowner.

  The website does not list who the Board Members are. In truth, I cannot find an "election" for several years. It appears Board Members are appointed. By Board Members. What you do find on the website is a complete lack of transparency. Boards can be controlled by a small group of people and become very insular. They become adversarial to homeowners and apathy sets in. Why bother going to a meeting when the Board has already decided what the future of the community is. Pay your assessment and don't ask questions. Violations become the Sword of Damocles. You must deal with a management company which has (and they know it) no accountability or transparency to the homeowner. The management company has the luxury of shifting responsibility when it suits them. Problem with landscaping, blame the Board Members without acknowledging the management company solicits and presents the bids to the Board. They in fact have more to do with choosing contractors then they wish you to know. I found it ironic written in meeting minutes, the community manager will give "authorization" to the Board Members and "will allow" owners to contact the Board directly about parking violations.

  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? Can I, as a homeowner, subject the management company to fines and penalties for selective enforcement of the CCR? The homeowner has very little choice in the current HOA model. From my perspective, the HOA and community management has done more to dissolve communities rather than strengthen them.

  
  

  
  
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  HOA Weaponization

  by WileyCoyote, over 2 years ago
  We live next to a woman who used to be on the HOA Board. When she was part of the board, the HOA handed out severe judgements with minimal time to comply. They were more interested in punishing violators than resolving violations.

  
  

  We have been here 6 years and worked constantly on the house but over that time she has filed countless complaints with the HOA and even called the police and fire departments on us. None of the HOA complaints ever result in an action and the police and fire department left shortly after arriving and finding a small... Continue reading

  We live next to a woman who used to be on the HOA Board. When she was part of the board, the HOA handed out severe judgements with minimal time to comply. They were more interested in punishing violators than resolving violations.

  
  

  We have been here 6 years and worked constantly on the house but over that time she has filed countless complaints with the HOA and even called the police and fire departments on us. None of the HOA complaints ever result in an action and the police and fire department left shortly after arriving and finding a small, tended fire in a patio chiminea not the open blaze threatening residence that had been reported.

  Still it continues. Worse, the woman has a group of friends who get together, drink wine and decide who they will asault next. So, when the HOA receives multiple complaints about the same issue, it appears to be a legitimate problem. Except that they always come from the same people and are always against the same people.

  We have called the HOA Management company and met with HOA but they maintain that they must investigate every complaint. Their investigation requires the acused homeowner to produce HOA design approvals, pictures, measurements, etc. to prove the complaint is invalid rather than the long forgotten American value that the acused is presuumed innocent until proven guilty.

  So, we get a never ending list of baseless compliants and have to spend weeks providing evidence through correspondence with the HOA to have the complaints closed. The most recent batch of four complaints included two that had HOA approval and could have easlity been verified by the HOA and rejected. One identified a bush blocking a city street sign which is the city's jurisdiction not the HOA's and could have been likewise rejected. The final was a trivial complaint about a temporary wrought iron fence around a flower bed which was dropped once we showed the HOA the offending fence. These required two weeks of daily communication, providing copies of the HOA approvals and we had to contact the city who agreed to move the sign rather than have us destroy a mature bush.

  Again, these resulting in no violations but we spent weeks defending ourselves. Since there is no adverse action to the women filing these complaints they find it amusing and it will not stop. We are being punished by the process but there is no parallel process to punish people flagrantly abusing the system. At this point our only recourse is to file a civil harrassment suit which will escalate the current anamosity regardless of the outcome.

  This could be easily resolved by the HOA having a consistent process focused on rejecting complaints rather than finding violations and enforcing them. Second, the HOA should track people fiing basless complaints, provide a notification that they are a nuisance after a second baseless complaint, level a fine after the third and continue increasing the fine with each subsequent complaint. It would stop.

  
  

  
  

  
  
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  Unknown

  by Tiskapatton, over 2 years ago
  The monthly maintenance fee upon purchase 1/2020 was listed as $97., modified to $116, then $127 but just prior to the pandemic was increased twice about 71% to the current $370. Had there been urgent repairs necessary maybe but... Additionally the board sold the community owned unit. After repeated email and repeated discouragement I no longer addressed the Meadow Hills I HOA Board. I have the original emails though I am now unable to read through them or determine how to proceed to convey my concern. The thought of just sending the emails to you casts me in a bad... Continue reading

  The monthly maintenance fee upon purchase 1/2020 was listed as $97., modified to $116, then $127 but just prior to the pandemic was increased twice about 71% to the current $370. Had there been urgent repairs necessary maybe but... Additionally the board sold the community owned unit. After repeated email and repeated discouragement I no longer addressed the Meadow Hills I HOA Board. I have the original emails though I am now unable to read through them or determine how to proceed to convey my concern. The thought of just sending the emails to you casts me in a bad light. Once upon a time ...
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  dictatorship one lot one vote

  by Rod, over 2 years ago

  This is my first time as a member of a homeowners association. I did not know there was one until after I bought the property. I am deeply disappointed and offended at the corrupt and defective way it is being conducted.

  The main problem is it is being run as a dictatorship. This association has twenty lots in it. The developer and family own eight lots, and sometime ago he sold four lots to a business partner and they drilled natural gas wells on the property.

  The association’s declaration gives the membership one vote for each lot they own. The... Continue reading

  This is my first time as a member of a homeowners association. I did not know there was one until after I bought the property. I am deeply disappointed and offended at the corrupt and defective way it is being conducted.

  The main problem is it is being run as a dictatorship. This association has twenty lots in it. The developer and family own eight lots, and sometime ago he sold four lots to a business partner and they drilled natural gas wells on the property.

  The association’s declaration gives the membership one vote for each lot they own. The gas/oil company proxies their four votes to the developer allowing him to vote with twelve votes. This is a majority of the twenty votes total and every vote goes the way the developer desires. The developer made sure the bylaws dictate there are only three executive board members. The developer put himself and his spouse on the board. At this time no one else will serve on the board since the developer with his spouse would out vote any one at a board meeting. The remaining eight members would like to be involved but have no way of doing so. This development was done in 2005.

  It would be helpful if after the developer’s declarant status has ended the Colorado Common Interest Ownership laws would limit the amount of votes he/she may exercise has anyone time. Say 25 percent. In our case the developer does not live in or even close to the properties under the association. The gas/oil company does not care since none of them live on any of the properties either.
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  Hostage to HOA!

  by Klassye1, over 2 years ago
  2008 purchased a timeshare with BGV paid cash! for sometime now fees have escalated to the point of past what retired fixed income senior can pay. There needs to be an out when you don't owe anyone but must pay HOA fees to not loose your investment. every investment lets you sell or stay...when you have paid off the debt! The terms told at the start are not being honored. New regulations need to be considered and put in place for consumer protection! Thank you

  2008 purchased a timeshare with BGV paid cash! for sometime now fees have escalated to the point of past what retired fixed income senior can pay. There needs to be an out when you don't owe anyone but must pay HOA fees to not loose your investment. every investment lets you sell or stay...when you have paid off the debt! The terms told at the start are not being honored. New regulations need to be considered and put in place for consumer protection! Thank you
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  Insurance debacle

  by Les, over 2 years ago
  The management company of Latigo HOA, of Castle Rock, in September, received a cancelation notice from the insurance carrier. This was not communicated to the board until nearly the expiration date. Then someone, not clear who, signed an insurance policy which was a 7 fold increase, and announced to owners that consequently HOA monthly due would increase from $300 to $820. Many residents are retired and on fixed incomes, and cannot afford that increase. Pending contracts for sale have been canceled, when prospective buyers learned of the increase.

  
  

  An annual meeting was called to approve or veto the budget three... Continue reading

  The management company of Latigo HOA, of Castle Rock, in September, received a cancelation notice from the insurance carrier. This was not communicated to the board until nearly the expiration date. Then someone, not clear who, signed an insurance policy which was a 7 fold increase, and announced to owners that consequently HOA monthly due would increase from $300 to $820. Many residents are retired and on fixed incomes, and cannot afford that increase. Pending contracts for sale have been canceled, when prospective buyers learned of the increase.

  
  

  An annual meeting was called to approve or veto the budget three days before the meeting...a Zoom meeting. Proxies could be assigned, and given to persons who would vote to veto the budget, but at the meeting the Proxies were disallowed, and the management company claimed Proxies were only valid for the annual meeting...not the budget meeting. A semantics technicality. Of course, homeowners were livid. We were told that cancelation of the policy would require a 35% penalty, using the association's entire reserves. We were also informed that the new policy covered interiors, as well as exteriors., and we're required to provide our own interior coverage...essentially doubling up. The HOA is poorly managed, and this company may have made the association insolvent.
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  Comments on Task Force Webinar - 10/24/23

  by Lovette, over 2 years ago

  This Task Force has a massively difficult job! My comments are below:

  Member Van Dorn talked about when homeowners can speak. My feeling is that the "HOA Story" part of the website is sufficient for homeowners to make their issues known. Based on what I heard in the Webinar, the most important issues are already known to the TF. If you open a TF meeting to homeowners, you will have a very long gripe session with few accomplishments. The question is "How do you notify homeowners about this web site?", in order to make their concerns known.

  On the issue... Continue reading

  This Task Force has a massively difficult job! My comments are below:

  Member Van Dorn talked about when homeowners can speak. My feeling is that the "HOA Story" part of the website is sufficient for homeowners to make their issues known. Based on what I heard in the Webinar, the most important issues are already known to the TF. If you open a TF meeting to homeowners, you will have a very long gripe session with few accomplishments. The question is "How do you notify homeowners about this web site?", in order to make their concerns known.

  On the issue of dispute resolution, regardless of whether it is arbitration, binding arbitration, or whatever you want to name it, if the process has progressed to this point, it has already failed. If the legislature codifies how this should work, it will become a judicial quagmire. Laws should be written to ensure that the process SELDOM reaches this point. I have no useful ideas for you for things like parking fines, trash storage, etc.

  Inadequate Reserves: My own HOA Board believes that their "Fiduciary Responsibility" is to constantly cut costs, consequently, our HOA is grossly underfunded (and the property shows it). The CCIOA already says that the Board's responsibility is to operate, maintain, repair, and replace the Common Elements, but it does not contain any compulsory language that requires the Board to actually do it. I would further codify the CCIOA to REQUIRE that the Board execute this responsibility under CCIOA or face some type of sanction. The chances of inadequate reserves would then be greatly reduced.

  Homeowner Responsibility: As you recall, homeowner apathy was discussed. If I were King, I would codify that the HOA Board has the option of levying a fine to homeowners who do not vote in HOA processes. This fine should be a significant portion of the annual assessment but should be capped somehow. In my case, it might fund the entire shortfall in our reserves! But I am not King.

  Reserve Studies: Member Brown talked about funding reserves and about the reserve study process. I believe that ANY logical method (straight line depreciation, etc.) will work for the reserve study as long as SOME method is used. Even if I have a process that is flawed looking out several years hence, if it is providing some funding for future needs, it should in most cases be sufficient. If you take the time to create a 5 year plan EVERY year, you will most likely catch any significant errors and have a chance to correct them. "Let's just let the roof go one more year" is doomed to failure. I would codify a requirement for the HOA Board to perform and distribute the results of a reserve study every year. Also, the Reserve Fund is not money spent. It is an asset of the HOA and a robust RF will help to increase property values.

  Communication: I think this is the biggest problem between the homeowner and the HOA Board. If anything gets codified, it should be the required communications FROM AND TO the HOA Board. The Notice of Annual Meeting is not nearly enough.

  My two cents,

  Mike Lovette

  719-330-8544

  
  

  
  

  
  
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  In Need of Training

  by ClaudiaB, over 2 years ago
  HOA Board - 2 or more volunteers with no training for the job. Where do they get that training? HOA Management Companies are hired but most do not help or advise the Board except on finances. Some Boards allow the Management company to take total control and that is when too many fines. Then the Management Company becomes the Board.

  
  

  There are not too many areas where you can purchase a home that does not have a HOA, some you would not like to live in. If most communities have HOA, there should be training for those volunteers. If not... Continue reading

  HOA Board - 2 or more volunteers with no training for the job. Where do they get that training? HOA Management Companies are hired but most do not help or advise the Board except on finances. Some Boards allow the Management company to take total control and that is when too many fines. Then the Management Company becomes the Board.

  
  

  There are not too many areas where you can purchase a home that does not have a HOA, some you would not like to live in. If most communities have HOA, there should be training for those volunteers. If not, some people will interpret the Governing Documents has they see fit.