HOA Homeowners' Rights Task Force

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  It's all personal in our H.O.A.

  by WV, over 2 years ago
  Our H.O.A. President is a somewhat capable, but very opinionated and a controlling person. Because he appears thorough and strong-willed, other board members follow him blindly, never questioning whether his actions

  are proper nor legal. When I realized our board was hiring engineering work done by a board-member's own engineering firm, I pointed out that she must, at least, recuse herself from discussions related to that company. The board president moved her from board to architectural control committee and began treating me as his enemy. A couple years later, I noticed that our by-laws require board officers to serve a... Continue reading

  Our H.O.A. President is a somewhat capable, but very opinionated and a controlling person. Because he appears thorough and strong-willed, other board members follow him blindly, never questioning whether his actions

  are proper nor legal. When I realized our board was hiring engineering work done by a board-member's own engineering firm, I pointed out that she must, at least, recuse herself from discussions related to that company. The board president moved her from board to architectural control committee and began treating me as his enemy. A couple years later, I noticed that our by-laws require board officers to serve a maximum of 3 years in any officer position. I pointed out that the treasurer had held his position for at least 12 years, because that is how long I had been in the H.O.A., and he was treasurer when I started building my house. Coincidently, the president had a severe stroke, so, the treasurer moved to president. Black mark # 2 for me. I had questioned the new president. Now, the president placed changes on the annual ballot deleting term limits on officers. My third strike is when I asked the board to enforce our covenant that requires trees over 40' tall that shade a solar collector to be removed. The only reason I built here is that the covenant would protect my passive solar system, my south-facing windows that heat my house, from shade of neighbors' trees. Note C.R.S. 38-32.5-100.3 defines my windows as solar energy devices. But, not to know-it-all controlling board members, who never read and have no background in building. I have filed suit. The H.O.A. argued to the judge that they should be dismissed because they are not compelled to enforce covenants. The judge told them that is their only job! So, how is it all personal? Because I display a yard sign for each race in local elections, the board limited political yard signs to one per lot. I have asked neighbors if they got letters about their yard signs. "No," they said. But I got a letter asking me to remove all but one yard sign. Selective enforcement of rules by the board who claims they don't need to enforce rules. It's all personal! They are trying to intimidate me because I have questioned their unending, but selective, authority. If I were writing laws governing HOAs, I would limit their scope to taking care of common land, lakes, etc., and remove their power to govern neighbors. That is their real purpose, to provide the city with a way around managing a hundred "neighborhood parks." They could be useful and minimize corruption in that role. Thanks for reading.
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  HOA members not being allowed to be sued laws need to change

  by Centennial resident, over 2 years ago

  The law needs to be changed regarding the HOA and the members cannot be sued. My condo was involved in a fire in June. Since then, it has come to light they were aware the fire hydrant(s) were not working but choose not to spend the money to fix the hydrant. Would they have made that decision if they could be facing a law suit for the loss of personal property or life? This resulted in the fire burning for four hours and 10 families being displaced. No one has been allowed to enter the property since then. The insurance... Continue reading

  The law needs to be changed regarding the HOA and the members cannot be sued. My condo was involved in a fire in June. Since then, it has come to light they were aware the fire hydrant(s) were not working but choose not to spend the money to fix the hydrant. Would they have made that decision if they could be facing a law suit for the loss of personal property or life? This resulted in the fire burning for four hours and 10 families being displaced. No one has been allowed to enter the property since then. The insurance companies have also been denied access to the units leaving several families without being able to settle their claims. They also changed the locks on all of the units so the HOA cannot be bypassed. Typically, an individual would be able to sue for the loss of their property. I find it unfair that nothing can be done yet the HOA gets to do nothing due to the no lawsuit laws. No one has been able to retrieve their personal property.

  All residents have been expected to continue to pay the HOA fees despite not living in the home. How is this fair? All parties have had to find residence elsewhere and are paying double bills. They can put a lean on us but we are unable to fight this. I have tried to call several lawyers without being able to find representation. Last month at the board meeting they announced they have spent almost all of the money therefore they do not have enough to rebuild properly.

  They spent the money on hiring a personal investigator to determine the cause. They are not sharing the results due to the fact that the fire was their fault. It was caused due to them overriding the electrical panel. So here again we do not have a legal way to gain access to the report. My guess is if they felt they could be sued for overriding the system resulting in a fire they would not have made that decision.

  They then hired a company to audit everyone's personal property. They have a detailed report including pictures, location, and cost to replace all resident’s property. There again they will not share with the residents who actually own the property. Yet the HOA fees/ the insurance we pay for through the fees paid for this audit.

  At the last meeting they announced they are going to hire another engineer in an attempt to say they can try to clean the main floor instead of rebuilding. Stating mold isn't necessarily bad. What about the wood rotting for 6 months that will end up being 9 months potentially. No one will be able to sell the home or rent the home in that kind of condition. So yet again they are falling back on the we can't be sued. I can be sued if I were to rent or sell a property in that condition. They did say if they cannot find an engineer to okay the cleaning instead of rebuilding, they will have to do that. I don't know where the money is going to come from. With out a doubt the money for another engineer will come from the money that should be used to rebuild. If this was their home or they could be sued if someone gets sick, they would not be using what little money they have on fighting the rebuild.

  I have also recently learned they are no longer Fannie Mae approved or conventional loan approved therefore if anyone wants to sell, they cannot. The conventional loans are not approved due to them not having 10% of savings or so I am told. The HOA's response is that's the banks deal not theirs. The condo association has multiple building some were not directly affected by the fire. They are the ones reporting they are unable to sell. I do not believe they have the 10% but where does one go for help? So, everyone is just expected to keep paying for property they don’t want to live in? For how long will the residents be held accountable for property they do not want? The owners affected by the fire will also have to pay to finish the rebuild with no relief in sight and nowhere to turn.

  One resident offered to assist with finding better insurance since they were dropped and no one will insure the entire property. This is going to result in the home owners having to pay 200+ more dollars each month in HOA fees. The HOA will not work with our resident to attempt to get better insurance. We again find ourselves with no where to turn and no option to get out.

  It was brought up that the home owners insurance pay for the HOA members auto insurance. How is this allowed? They stated this is due to the fact that if they hire someone and they get in an accident on the property the HOA is responsible. I don't believe that is true. the HOA just laughed at the fact we are paying for their auto insurance. They report that the reason we were dropped is due to other claims not the fire, yet will not share what the other claims are. Could it be their personal auto insurance?

  Another resident informed them they cannot hire a particular company due to the fact that she has a restraining order against one of the employees. The HOA hired the company anyway and informed the person with the restraining order where our resident lives. It is not easy to get a restraining order. if there is an order in place there is a reason and should be enforced by the HOA to the best of their ability. I currently do not reside there due to being displaced. I have asked about her. Her neighbor reports she has not been seen since. Yet again I have to believe this is due to the no lawsuit can be brought against the HOA/ members. No one that could face charges would make that kind of decision. No one should make that decision despite legal consequences but here we are.

  They also supposedly also had a finical audit done in 2017 but never received the results. Only that they need to raise the HOA fees monthly. l have to believe if they were told they need to raise the rates. They would have received the results/ been able to share the results. Something is wrong with them not sharing the results. Nothing can be done though. (The rates range from 200 a month to almost 600 a month based off of the unit size).

  They also have not fixed some stairs on the property in 2 years due to the cost. It is being reported the stairs are out of compliance. I have been informed the stairs have caused a fall due to being out of compliance.

  Long story short there needs to be consequences for people’s behavior. Unfortunately, some people due need consequences in order to act right and or in the best interest of the community they represent. People cannot be allowed to make decision that are not in the best interests of the community that can cause harm to others without consequences.
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  No HOA foreclosures!

  by SueB, over 2 years ago
  An HOA should not be able to initiate any type of foreclosure on a home for any reason. My son lost his Aurora home, which had a value of over five hundred thousand dollars, in a judicial foreclosure over an HOA debt of under $2000. Yes, not a typo. Make the HOA file liens on the property instead, or initiate a civil case against the homeowners.

  An HOA should not be able to initiate any type of foreclosure on a home for any reason. My son lost his Aurora home, which had a value of over five hundred thousand dollars, in a judicial foreclosure over an HOA debt of under $2000. Yes, not a typo. Make the HOA file liens on the property instead, or initiate a civil case against the homeowners.
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  HOA Lawsuit

  by Kodi, over 2 years ago

  Our HOA filed a lawsuit against us in April of this year, claiming we do not have ARC approval for a pathway, that’s been there for years, and is the primary entrance to the backyard of our home. We tried to communicate with them for months, with no response.the board failed to follow state law and their own policies per HB22-1137, regarding violations. They have inundated us with falsified violations, changing dates and lying about how or who identified alleged violations. Their legal fees are already in the tens of thousands and climbing, along with our own legal fees approaching... Continue reading

  Our HOA filed a lawsuit against us in April of this year, claiming we do not have ARC approval for a pathway, that’s been there for years, and is the primary entrance to the backyard of our home. We tried to communicate with them for months, with no response.the board failed to follow state law and their own policies per HB22-1137, regarding violations. They have inundated us with falsified violations, changing dates and lying about how or who identified alleged violations. Their legal fees are already in the tens of thousands and climbing, along with our own legal fees approaching $30,000.00 to defend ourselves from this frivolous lawsuit. They have created numerous committees all hand selected appointments and even have “anonymous” committee members that no one knows what duties they perform. Meanwhile nearly everyone of their homes are out of compliance in one or many ways.
  
  

  Our HOA board through their attorney has now offered to drop their lawsuits and everything against us if we will just “SELL” our “HOME” of 6 years, the Home our twins, our Son & Daughter have grown up in, and uproot our family, somewhere other than Erie Village. If we are willing to do so, they said their insurance company will pay us $5,000 bonus upon the closing of the sale of our wonderful Home, a home that has won numerous Christmas Light contests year after years, we have Santa Clause visit for the kid’s & community nearly every year, we had over 500 trick or treaters last year and planned on 700 this year, our home is fully decorated as professionally as anything you can compare too, in fact the party goers travel around our entire yard and home winding their way through those pathways, this year we cancelled due to current situations.
  
  

  This has been a several years (5+) Ongoing onslaught of lies, falsifying documents, planning and plotting to get our family out of “their” community with the HOA, knowing their end goal is to try and get us to leave. We have submitted 2 ARC requests in the last year and a half, both were denied, either arbitrarily or what we believe is outside of the scope of the authority of the HOA. The board has tried to silence us at every turn, making accusations during open public meetings, then muting our mic so we can’t defend ourselves, they report any and all comments we make about this in on any and all social media platforms, reporting our accounts, claiming we don’t live here, or any other tactic to silence our freedoms. They have been part of countless (60+ calls) police reports against us, they’ve (board members and their spouses) tried to have welfare checks against us, claiming I am a danger, and “will kill someone”, even though they have no evidence to support their claims. This is bullying, discrimination, stalking, torturing and torment on a whole other level, it seems to be the new form of “redlining”. un-American, a violation of Civil Rights, the worst violation of a Family seeking Home ownership and community, a family that gives thousands of dollars in food, ice cream, and entertainment through the year, a family that spend days, weeks cleaning up the community and doing the ice and snow removal work the HOA is responsible for.

  
  All the while this board has failed to fulfill their fiduciary duties, failing to maintain common areas to the standard they hold our property to, failing to ensure safe snow removal as outlined in the contract, failing to maintain safe parks for our children, neglecting identified and reported hazards for years, just to name a few. They have chosen to spend tens of thousands of dollars of the community’s money on a frivolous lawsuit against us instead of taking care of the community and acting in the best interest of the community.
  
  This story is even more disturbing when you understand that the Law Firm spearheading all of this, and the attorney in charge of this 13 + years ago attempted “judicial foreclosure” on my previous home over $187.00 in past dues, this attorney then cost us tens of thousands of dollars of our legal fees, and charged to nearly $25,000.00 in legal fees all over that $187.00. The entire HOA board at the time in Todd Creek didn’t even know this was happening. It was the president, the manager and this attorney.

  
  

  
  
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  What I Would Like this Task Force to Address

  by Ruth Carroll, over 2 years ago
  I am adding an addition to my just-published post entitled, Groundhog Day: We Need Another Governance Model ASAP.

  
  

  I ended that post with the request the Foundation that exists under CAI should study the phenomenon of the HOA Board model causing so much harm (financial as well as emotional).

  What I meant to mainly say--and I see that it's not obvious when you read it--is that this Task Force, having in their possession so much knowledge that the HOA Board model produces so much harm, should address this and discuss and explore other options, ASAP.

  Homeowners are not merely "stakeholders"--they... Continue reading

  I am adding an addition to my just-published post entitled, Groundhog Day: We Need Another Governance Model ASAP.

  
  

  I ended that post with the request the Foundation that exists under CAI should study the phenomenon of the HOA Board model causing so much harm (financial as well as emotional).

  What I meant to mainly say--and I see that it's not obvious when you read it--is that this Task Force, having in their possession so much knowledge that the HOA Board model produces so much harm, should address this and discuss and explore other options, ASAP.

  Homeowners are not merely "stakeholders"--they LIVE in HOAs, these are their HOMES. Homeowners should be the first persons listened to.
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  Groundhog Day in the HOA World: We Need Another Governance Model ASAP

  by Ruth Carroll, over 2 years ago

  I have been involved in HOA stuff for a long time.

  The image that flew into my weary mind as I watched the recent (Oct. 24) Task Force Webinar was: GroundHog Day.

  Why? The same problems have been described for years. False solutions have been described for years. Yet nothing, in the words of a Guys and Dolls song, "ever gets anywhere near where the trouble is."

  The trouble is the HOA Board model.

  It has been clear for a long time, to any sentient being, that the HOA Board model does not work. That putting 7 unqualified individuals in... Continue reading

  I have been involved in HOA stuff for a long time.

  The image that flew into my weary mind as I watched the recent (Oct. 24) Task Force Webinar was: GroundHog Day.

  Why? The same problems have been described for years. False solutions have been described for years. Yet nothing, in the words of a Guys and Dolls song, "ever gets anywhere near where the trouble is."

  The trouble is the HOA Board model.

  It has been clear for a long time, to any sentient being, that the HOA Board model does not work. That putting 7 unqualified individuals in charge of a complex property, providing enormous group pressure to 'perform well,' giving them no accountability, and unlimited power --is a very toxic brew. No surprise that this arrangement has produced, from the get-go, a steady stream of ugly problems.

  I attended every one of the 4, long, official 2019 Stakehold Sessions, which were supposed to nail the problems and provide "better consumer protections." (that's us, homeowners/consumers). Everything that was said on Oct. 24 (including the nonsense that the HOA Office couldn't possibly provide oversight) was said then. Then the Report from those Sessions came down and barely mentioned the endless homeowner anguish that was the main testimony: how the Boards abused their power and caused financial and emotional messes and pain.

  So much abuse. For so many years.

  The HOA Board model does not work. The evidence is all around us. I could write a book about all the abuse I've seen and heard over the years.

  But the mistake is to blame the Board. I have served on a Board. I assure you, from my background in the mental health field: the HOA Board brings out the worst in people. Board members are trapped in a complex, unique societal arrangement that renders them the OPPOSITE of what you would want in a guiding leader.

  I appreciated, very much, the dedication and sincerity of Representative Ricks. She gets it-- and she cares. I appreciated the sincere and knowledgeable words of Connie Van Dorn, who spoke for homeowners.

  But I felt dismayed. Instead of going into the problem, there was all this obfuscation. Why?

  Shouldn't the CAI Foundation be studying the terrible effects on a community from the HOA Board model and try to think up something better?

  
  

  
  

  
  
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  Task Force Initial Meeting Comments - Many of these can already be fixed by HOA members!!

  by MW, over 2 years ago

  HOA's are designed to be managed by the owners within their specific community. Many of the items you have put on your agenda to be 'fixed' could quickly be fixed by the existing homeowners making changes to the documents defining their community.

  How can this task force serve to educate homeowners on their EXISTING ability to make changes within their HOA?

  The initial meeting spoke to the association members who were dismayed by the way their community operates. That is the reason that HOA boards are comprised of volunteer community members.

  Please use this committee to focus on the statutory... Continue reading

  HOA's are designed to be managed by the owners within their specific community. Many of the items you have put on your agenda to be 'fixed' could quickly be fixed by the existing homeowners making changes to the documents defining their community.

  How can this task force serve to educate homeowners on their EXISTING ability to make changes within their HOA?

  The initial meeting spoke to the association members who were dismayed by the way their community operates. That is the reason that HOA boards are comprised of volunteer community members.

  Please use this committee to focus on the statutory items which are causing issue -- (1137 for example) before creating a new list of burdens to be placed up on the volunteers who make up the HOA board.
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  Average home, average neighborhood, average HOA with unchecked power

  by Star42, over 2 years ago

  When I first moved into my house, the neighbors immediately warned me about the HOA. They told me they get written up for every minor infraction, and they all suspected each other for turning them in to the HOA. There was a sense of fear and paranoia. Years later I learned that an inspector regularly drove around the neighborhoods, but people had mistakenly blamed each other. However, under this board, bills were sent on time, the website was updated, and maintenance requests were responded to quickly. It was stressful when the HOA demanded I repaint my house. We didn’t have... Continue reading

  When I first moved into my house, the neighbors immediately warned me about the HOA. They told me they get written up for every minor infraction, and they all suspected each other for turning them in to the HOA. There was a sense of fear and paranoia. Years later I learned that an inspector regularly drove around the neighborhoods, but people had mistakenly blamed each other. However, under this board, bills were sent on time, the website was updated, and maintenance requests were responded to quickly. It was stressful when the HOA demanded I repaint my house. We didn’t have the money at the time and had to ask family for help. They limited the colors we could paint it to about 7 choices, none of which looked like our current paint scheme.

  Life under our current board is the opposite. No rules seem to be enforced (my neighbors let weeds grow waist high and burn tree branches in their backyard), the website is never updated, bills are sent late or not at all, we don’t know when or where board meetings are, and maintenance requests are ruled on so late it makes them pointless because the season has changed and supplies have gone out of stock. If a maintenance request is denied, it is hard to get an answer on what needs to be changed to get it granted.

  We are fined late fees on bills that are more than 1/3 the price of the bill itself. I saw an assessment from 2022 that said my HOA had collected over $3,000 in late fees that year. That is outrageous. It is a mystery what our dues pay for in the first place. We have no common areas. There are no benefits. The annual financial report usually says the money is used for snow removal, fence repair, and website maintenance. But all residents have to maintain their own fences and remove their own snow. The website has not been updated in years.

  With a diligent board, the rules felt oppressive and arbitrary. With a lax board, we pay money to be bound by unknown rules for no real benefit.

  Our HOA has almost limitless power, but no responsibility. We are charged dues and fees, but receive no benefits and have no recourse if the board members simply do nothing. We live by rules we don’t get to vote on. When the rules change, they don’t notify us or update the covenant rules anywhere we can see them. We don’t get to know when or where the board meetings are. The board can take extreme amounts of time ruling on a maintenance request, but fine us quickly if our dues are late. I don’t know if the money we pay is used for anything except sitting in someone’s wallet. When I move someday, I will not move to a place that has an HOA. In theory, an HOA should make it easier to live in a community and address issues. Instead, it is a money-making machine with limitless power.
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  Out of Control HOA

  by Rethea, over 2 years ago

  “HOA Vendors: Please, Please Do Not accost the Landscaping or Snow Removal work crews or contact their businesses

  directly to complain about a service. The HOA was informed by the Snow Removal company that someone physically

  stood in front of a snow plow last year. This was highly dangerous and interfered with the work crew. Your Board of

  Directors were most apologetic to the ownership in order to keep them and receive a contract for the 2023/2024 season!

  Similarly, the Landscaping Company said they have had to be extra cautious with Pinery West due to the harassment

  from homeowners. Via... Continue reading

  “HOA Vendors: Please, Please Do Not accost the Landscaping or Snow Removal work crews or contact their businesses

  directly to complain about a service. The HOA was informed by the Snow Removal company that someone physically

  stood in front of a snow plow last year. This was highly dangerous and interfered with the work crew. Your Board of

  Directors were most apologetic to the ownership in order to keep them and receive a contract for the 2023/2024 season!

  Similarly, the Landscaping Company said they have had to be extra cautious with Pinery West due to the harassment

  from homeowners. Via a discussion with them, they do not have these issues with any of the other properties they service.

  Again, we were most apologetic to them and expressed how appreciative we are of them. Bottom line: If the HOA loses a

  contract with a vendor due to a homeowner’s actions and harassment to the vendors servicing our Community, they will receive a “cease and desist” legal order and be held liable for the loss, as as per the HOA law firm”
  
  

  Also plowing snow to the sunny side of the street(mine) I move to this side for a reason!!

  
  
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  HOA levied fine without hearing

  by Bro80104, over 2 years ago
  

  All identifying information has been removed or blacked out from the story & photo in order to comply with moderation policies.

  Sawgrass Fines Me w/o Hearing

  See attached photo of the fine Imposed unlawfully. As a result of pursuing a demand for accommodation due to inadequate insurance which the HOA defaulted upon in January 2023, I demanded they hold off accessing my roof until proper insurance was obtained. They wanted to get on top of the roof for the purpose of cleaning the roof Rain gutters. This could be done with ladders or a mechanical lift, and getting on top... Continue reading

  All identifying information has been removed or blacked out from the story & photo in order to comply with moderation policies.

  Sawgrass Fines Me w/o Hearing

  See attached photo of the fine Imposed unlawfully. As a result of pursuing a demand for accommodation due to inadequate insurance which the HOA defaulted upon in January 2023, I demanded they hold off accessing my roof until proper insurance was obtained. They wanted to get on top of the roof for the purpose of cleaning the roof Rain gutters. This could be done with ladders or a mechanical lift, and getting on top of the roof was dangerous. Because of the lack of adequate insurance, it put me at liability. Consequently, they fined me in the amount of the attorneys fees, for my protest of this action. Additionally, as a result, the HOA did, in fact, access the roof without notifying me, or arranging a time and place and violating OSHA regulations. Thus they voided the 25/30 year roof warranty, which was put on by a different contractor in 2017. Since I am a fully paid up member of the association and an owner of undivided interest in every area of common property and of limited common property for the townhomes, if this is not a fine, then, it is an unlawful assessment without 2/3 vote of the community to charge all members for these added fees. The HOA legal firm and its lawyers, as well as the HOA property manager, and the Board are incorrect. The lack of property insurance has been validated by several insurance agents and an another Broker. As an owner of undivided interest in every area of common property and limited common property for the townhomes, if this is not a fine, then, it is a unlawful assessment without 2/3 vote of the community to charge for these fees. I already pay for these legal services through my monthly dues.The Association acts as an owners association for the townhomes, but selected a condo policy naming a group of buildings which does not include each of the townhomes by specific address as “additional insureds” as required by CCIOA.