HOA Homeowners' Rights Task Force

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  Gio HOA Exterior Modifications Dispute

  by Vince G, over 2 years ago

  My story is simply too long to type it out in this space - dating all the way back to Aug 2022 - and the issue is still in dispute and unresolved as of this date - Nov. 1, 2023. If I could be provided with an Email address, to which I might send the chronology of events, communications, and action between ourselves and the HOA Board and its Management Company, I would be pleased to do so with our story - and wish to do so - if an email address would be provided or any Task Force member's... Continue reading

  My story is simply too long to type it out in this space - dating all the way back to Aug 2022 - and the issue is still in dispute and unresolved as of this date - Nov. 1, 2023. If I could be provided with an Email address, to which I might send the chronology of events, communications, and action between ourselves and the HOA Board and its Management Company, I would be pleased to do so with our story - and wish to do so - if an email address would be provided or any Task Force member's contact information would be given . Would appreciate any response you might have.

  Vince G - email: vintgio@comcast.net
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  Task Force Observations

  by gvito, over 2 years ago
  I took the opportunity to sit in on the first Task Force Meeting via YouTube. I was disappointed to realize what I consider the typical homeowner who pays their assessments on time and follows the rules was once again, not represented. While the suggestion that disputes be resolved by alternative methods rather than in the courts, might be an improvement, my question is who will pay for that service? Certainly, any mediation service or arbitrator would need to be compensated. Please make certain that the HOA is not solely responsible for paying those fees. The homeowner and HOA ought to... Continue reading

  I took the opportunity to sit in on the first Task Force Meeting via YouTube. I was disappointed to realize what I consider the typical homeowner who pays their assessments on time and follows the rules was once again, not represented. While the suggestion that disputes be resolved by alternative methods rather than in the courts, might be an improvement, my question is who will pay for that service? Certainly, any mediation service or arbitrator would need to be compensated. Please make certain that the HOA is not solely responsible for paying those fees. The homeowner and HOA ought to share the costs equally, otherwise the forgotten homeowners who don't need mediation will pay via their assessments.

  
  

  The suggestion that there needs to be more transparency in budgeting struck me as infantilizing adult homeowners. To assume that adults who have managed to purchase their own homes and obtained a mortgage to do so cannot manage to pick up their mail and read the yearly letter that includes a copy of the proposed budget and annual meeting agenda is ludicrous in my estimation. The notices for the HOA Annual meeting in my condo complex are posted in two bulletin boards on the complex, are mailed to each homeowner as well as emailed to them. Sending them via certified mail as suggested by some on the Task Force would once again be a fee that the homeowners who can manage to read their mail would pay for those who can't. My bet is that moving meetings to weekends would result in less attendance, not more.

  
  

  Finally, licensing of Community Association Managers does not sound unreasonable, but when one Task Force member suggested that self-managed communities should require their volunteers to be licensed, I had to laugh. Our association is lucky to have three volunteers currently serving, for the past six years only two homeowners were willing to serve. Who will volunteer to serve on a small, self-managed Board when they required to take classes to be licensed--no one!

  
  

  My final observation is that the trend I see is that the Colorado legislature is slowly killing HOAs. I would prefer they just do it all at once rather than piece by piece. I hope they will let those of us who live in condos know who they will bring in to manage the buildings and grounds once the HOA and its volunteers are driven out.
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  Citizen Sub Committee

  by BillThom, over 2 years ago

  The HOA to which I pay my dues every month has three members of the Board of Directors. None of the three live in the complex; they are all three absentee owners. They have little daily interaction with the members and are frequently unaware of the problems that occur within the complex. Their main concern is not the maintenance of the units, but the maintenance of the profitability of their rental units.

  In viewing the hearing of the Task Force yesterday, I perceived that nearly all, if not all, of those who serve on the Task Force were real estate... Continue reading

  The HOA to which I pay my dues every month has three members of the Board of Directors. None of the three live in the complex; they are all three absentee owners. They have little daily interaction with the members and are frequently unaware of the problems that occur within the complex. Their main concern is not the maintenance of the units, but the maintenance of the profitability of their rental units.

  In viewing the hearing of the Task Force yesterday, I perceived that nearly all, if not all, of those who serve on the Task Force were real estate professionals or real estate attorneys or HOA Board members. Their perspectives are informed by their professional affiliation. It would be an improvement if there were an opportunity for some input to come from citizens who have had conflicts with their HOAs and can speak from the viewpoint of a member of an HOA. This could be easily accomplished by forming a sub-committee of such individuals who could present their ideas and perspectives on the questions being addressed by the Task Force.
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  Thank You !!! Now What?

  by Neuromate, over 2 years ago

  While attending the Webinar I was heartened to hear that Connie Van Dorn had read all the stories before the meeting. The growing collection is now 15 web pages long, it means allot to know what one has to say is being heard. Submitted the story of our HOA from my POV some weeks ago under the title, "Best Community Financial Practices or Narrow Self Interest?

  And found the input by Richard Brown most relevant to our HOA's situation; i.e. management of Reserve and Operating Funds, Reserve Fund Studies appraisal and management. LOCK BOX on funds for emergencies and major... Continue reading

  While attending the Webinar I was heartened to hear that Connie Van Dorn had read all the stories before the meeting. The growing collection is now 15 web pages long, it means allot to know what one has to say is being heard. Submitted the story of our HOA from my POV some weeks ago under the title, "Best Community Financial Practices or Narrow Self Interest?

  And found the input by Richard Brown most relevant to our HOA's situation; i.e. management of Reserve and Operating Funds, Reserve Fund Studies appraisal and management. LOCK BOX on funds for emergencies and major infrastructure projects and a FIREWALL between Reserve Funds and Operating Cost Over-Runs, was like having a life line thrown out to us. Would like to hear about better models for managing Reserve Funds and Reserve Fund Studies.
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  Enforcement CCIOA needed

  by Carol Stevenson, over 2 years ago

  
  

  Licensing of Property Mangers- Polis is not in favor! See his comments below.

  Without enforcement nothing will be resolved!

  Most concerns can be settled by the HOA Board if CCIOA is followed.

  Suggestion of steps if Property Management were licensed and a place for enforcement. Concerns are taken, 1^st HOA Board, 2^nd if not cured- 3rd to Colorado HOA Information and Resource Center files concern data into a database, (Colorado HOA Center HB-10-1278, effective January 1, 2011), forwards to, 4th Dora has retired judges that understand CCIOA reviews, 5th Dora /Judge discuss ruling, and Dora makes final decision... Continue reading

  
  

  Licensing of Property Mangers- Polis is not in favor! See his comments below.

  Without enforcement nothing will be resolved!

  Most concerns can be settled by the HOA Board if CCIOA is followed.

  Suggestion of steps if Property Management were licensed and a place for enforcement. Concerns are taken, 1^st HOA Board, 2^nd if not cured- 3rd to Colorado HOA Information and Resource Center files concern data into a database, (Colorado HOA Center HB-10-1278, effective January 1, 2011), forwards to, 4th Dora has retired judges that understand CCIOA reviews, 5th Dora /Judge discuss ruling, and Dora makes final decision and 6^th final decision into data base and notifications send to concerned parties. A fine structure will need to be developed and enforced.

  This would eliminate going to court, saving HOA’s, homeowners time and money. Attorneys not in favor.

  Ways to Fund DORA-

  Currently every HOA pays $10.00 fee to the State of Colorado when HOA files yearly tax records.

  Believes – Realtor’s yearly licensing fee is $50.00.

  What is the number of HOA’s in Colorado - 10,000. $20.00 HOA fee x 10,000 – would cover Dora funding, time, etc. Generates $200,000-.

  What is the number of Property Managers in Colorado - 1,600. Easier for Dora to track PM.

  Licensing of property management - $50.00 a year - would cover Dora funding, etc. Generates $80,000.-

  Why not licensing of Property Management? Hair dresses, realtors, insurance, nail tec’s, liquor stores, bars and more are licensed and have enforcement.

  In a written statement, Polis said an HOA shouldn’t “drain a family or individual of their financial savings.” The governor’s office, in a news release citing The Sun’s reporting, said HOA foreclosures also exacerbate Colorado’s housing crisis.

  “These recent accounts are heartbreaking and deeply troubling,” the Democrat’s statement said. “I continue to urge HOAs to be more flexible — clearly, there is more work to do with the legislature and local communities to enhance the rights of property owners and protect people from being ripped off.”

  Currently HOA's and homeowners are being drain of their finances going to court paying lawyers' fees and court time.

  Without enforcement nothing will be changed, and the Task Force time and suggestion/report given to Polis will be a waste of time and money.

  
  

  
  
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  My suggestions for the HOA Task Force

  by Chet Myers, over 2 years ago
  Good morning, I had the opportunity to sit in on the Task Force meeting yesterday which began at 3:00 pm. I run a business, so I had to pop in an out occasionally for short periods of time. So I may have missed a few things.

  
  

  I currently belong to an HOA. Some years back I was a VP of a an HOA Board.

  I was impressed by the knowledge set, discourse, and professionalism.

  
  

  My suggestions are two ...once the Task Force picks a method to approach the various issues, what I heard was an 'arbitration' approach under the DORA... Continue reading

  Good morning, I had the opportunity to sit in on the Task Force meeting yesterday which began at 3:00 pm. I run a business, so I had to pop in an out occasionally for short periods of time. So I may have missed a few things.

  
  

  I currently belong to an HOA. Some years back I was a VP of a an HOA Board.

  I was impressed by the knowledge set, discourse, and professionalism.

  
  

  My suggestions are two ...once the Task Force picks a method to approach the various issues, what I heard was an 'arbitration' approach under the DORA umbrella....once that decision is made I am suggesting that a limited pilot approach take place in two different segments types.

  The first being geographic area such as a zip code where the most delays, litigations and related problems develop. What we learn from this.

  The second being a mirrored opposite where a geographic area rarely experiences is and are low end of HOA issues that end up in court. What will we learn from this as well.

  
  

  Contributing factors and statistics related to the age of the HOA structures, how old are the buildings, municipal infrastructure, pests, pets, noise, neighbors, smells aroma, trash, parking and a plethora of other issues that arise.

  What are the top 3-5 core issues/causes. Let's get them categorized and ranked by count or severity. Limiting the team's attention to a few focuses on the onset will help create a model(s) to move forward.

  My professional back ground was with Fed Ex, as a problem identifier and solver, nearly 30 years.

  
  

  Thanks for an opportunity to provide input.

  
  

  
  

  
  

  
  

  
  
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  I CAN’T SELL MY HOME and WE ARE FACING FORECLOSURE

  by Denise, over 2 years ago

  I CAN’T SELL MY HOME and WE ARE FACING FORECLOSURE

  I am the oldest daughter and personal representative of my deceased Mother who was a resident of Fairfield Village at Quincy Reservoir community until March 31st, 2023.

  My family is enduring major hardships and setbacks brought upon by an ongoing unresolved roof claim for Fairfield Village. We had a contract to sell our home back in July and couldn't close when the lender backed out at the last minute due to the change in the HOA roof insurance policy when the coverage changed from replacement to actual cash value.

  ... Continue reading

  I CAN’T SELL MY HOME and WE ARE FACING FORECLOSURE

  I am the oldest daughter and personal representative of my deceased Mother who was a resident of Fairfield Village at Quincy Reservoir community until March 31st, 2023.

  My family is enduring major hardships and setbacks brought upon by an ongoing unresolved roof claim for Fairfield Village. We had a contract to sell our home back in July and couldn't close when the lender backed out at the last minute due to the change in the HOA roof insurance policy when the coverage changed from replacement to actual cash value.

  Fortunately, another opportunity came to sell our property and we have a sales contract in play even though we will sustain heavy equity losses this time around. I must sell this property for my family or run the risk of going into foreclosure.

  At this point, we are not able to secure a closing date due to the unresolved insurance claim on the roof. We are unable to start a claim for the special assessment with our insurance company since we have not received an official “Loss Assessment Letter” from the HOA for our home at Fairfield Village. We must file the claim with our insurance company before we vacate and sell the property. Our buyers will not close without this commitment. In short, No letter … No closing. We had to delay the closing by three months and rescheduled 3 times due to this problem and if this is not promptly resolved, it appears this contract will also be terminated.

  The loss happened in May of this year. In June there were a considerable number of people from the insurance company, contractor(s), etc. going thru the neighborhood. They were walking the properties and measuring the roofs, taking notes and communicating with one another, etc. There was a lot of movement but then it all stopped and the project seems in limbo.

  In doing our own research, we were told that there are several reasons for the delay: (a) there is a dispute between the HOA’s insurance company and the roofing contractor principally regarding the size and scope of the work to be performed. (b) the adjuster hired by the HOA’s insurance company has failed to submit the assessment for the loss report for the complex. As a result, a Loss Assessment letter has not been issued by the HOA.

  In our minds, this collective failure is due to poor communication, poor performance and utter lack of empathy for a homeowners situation. Barring any unpaid HOA fees, etc., no HOA should have the power to PREVENT YOU FROM SELLING YOUR HOME. The storm happened May 10^th and today is October 24^th, 2023 and we’ve been informed that they have NO idea when the claim will be settled.

  We’ve reached out several times and get no where…. WE FEEL THEY SIMPLY DON’T CARE. When I asked the HOA and Management Company to please calculate our unit’s loss and issue a Loss Assessment letter since each unit has to be calculated individually anyway, I was told I was asking them to commit insurance fraud. Such arrogance.

  This inaction and delay should not be allowed and legislation should be created to inhibit an HOA / Management Company from preventing an owner from selling their own home due to these circumstances.

  
  

  Concerned Homeowner
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  HOA abuses of power

  by Barbara1!, over 2 years ago
  HOAs exercise potentially tyrannical governmental power, but with none of the limitations, such as due process and equal protection. HOAs get away with abuse of power for three reasons, all of which can be changed by amending CCIOA. First, the decision-makers, typically board members, are protected from their misdeeds by exculpatory provisions that require proof of willful and wanton misconduct. All such provisions should be prohibited. The HOA industry will say, "Then no one will serve on a board." If someone will only serve if they are effectively immune, then they should not serve. Would you want to be operated... Continue reading

  HOAs exercise potentially tyrannical governmental power, but with none of the limitations, such as due process and equal protection. HOAs get away with abuse of power for three reasons, all of which can be changed by amending CCIOA. First, the decision-makers, typically board members, are protected from their misdeeds by exculpatory provisions that require proof of willful and wanton misconduct. All such provisions should be prohibited. The HOA industry will say, "Then no one will serve on a board." If someone will only serve if they are effectively immune, then they should not serve. Would you want to be operated on by a physician who agreed to do so only if he was exculpated from the consequences of his negligence? Second, a homeowner can succeed only by showing that the HOA acted arbitrarily and capriciously, which is almost impossible to prove. The test should be objective reasonableness. Third, a successful HOA recovers attorney fees, a risk few homeowners can bear. A successful HOA should recover its fees only when suing to collect dues and assessments. After all, most other disputes involves aesthetic debates and rule violations that do not implicate homeowners' safety. Local officials who enforce safety codes cannot recover fees.
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  HOA President

  by Luckygirl1986, over 2 years ago
  The president of our HOA has abused her position for years. Her and other board members voted to allow themselves to use a work out room for their personal storage. She violates fire laws by blocking fire exits with her planters. She has one assigned parking spot, but uses 3 different spaces.

  After my partner passed away 18 years ago, she harassed and reported me for every little thing, I finally confronted her. While trying to talk to her, she removed her patio screen and slammed it into me, while pushing me backwards off the patio. (Patios and balconies are... Continue reading

  The president of our HOA has abused her position for years. Her and other board members voted to allow themselves to use a work out room for their personal storage. She violates fire laws by blocking fire exits with her planters. She has one assigned parking spot, but uses 3 different spaces.

  After my partner passed away 18 years ago, she harassed and reported me for every little thing, I finally confronted her. While trying to talk to her, she removed her patio screen and slammed it into me, while pushing me backwards off the patio. (Patios and balconies are not included as our property.) I was so afraid of being seriously injured if I fell. After going home and calming myself, I called the police to file a report. The officer told her to leave me alone, keep her distance and not speak to me. No Contact! She continually talks to me when she sees me walking a dog and watches me and my friends when they visit. There's definitely something not right with her.
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  CCIOA Lacks Specificity To Hold Non-Compliant Boards Accountable

  by Andrew Mowery, over 2 years ago

  One of the key reasons the HOA Homeowners Rights Task Force needs to consider overhauling CCIOA is that it almost deliberately lacks specificity that would allow a homeowner to use the Courts to enforce CCIOA (or the Non-Profit Act, or HUD/FHA law/rules) to have a successful claim upon which relief may be granted. Because disputes with HOA Boards (or even CAMs or the HOA General Counsel itself) may only be resolved with private litigation in the current design, a combination of lack of specificity or lack of statutory claims combines with the Business Judgement Rule to make litigation cost-prohibitive, and... Continue reading

  One of the key reasons the HOA Homeowners Rights Task Force needs to consider overhauling CCIOA is that it almost deliberately lacks specificity that would allow a homeowner to use the Courts to enforce CCIOA (or the Non-Profit Act, or HUD/FHA law/rules) to have a successful claim upon which relief may be granted. Because disputes with HOA Boards (or even CAMs or the HOA General Counsel itself) may only be resolved with private litigation in the current design, a combination of lack of specificity or lack of statutory claims combines with the Business Judgement Rule to make litigation cost-prohibitive, and largely unsuccessful.

  
  

  I say deliberately because we have attorneys within the HOA Industry who have just recently argued in Topakas v. Wintermoor that if Legislators wanted CCIOA or governing documents to be as strictly applied to HOA Boards as they are to homeowners, legislators would have created statutes with such specificity.

  In April of 2023, Orten Cavanagh Holmes & Hunt, LLC (OCHH) argued successfully before the Colorado Supreme Court in Topakas v. Wintermoor the following:

  
  "The General Assembly's failure to add certain language to a statute can
  ‘indicate[ ] purposeful omission.” Id., (quoting Neher v. Neher, 402 P.3d 1030,
  1034 (Colo. App. 2015)). The Colorado Legislature has amended Section -209.5 as
  recently as the 2022 legislative session, and has declined to create an explicit
  jurisdictional requirement for compliance with the same, despite expanding the
  jurisdiction of Colorado Small Claims Court in the same bill. (See House Bill 22-
  1137)
  
  The Colorado legislature is more than capable of creating jurisdictional
  limits if it chooses to do so. In Section -209.5, there is no indication that it intended
  to. There is no reference to court jurisdiction. The statute is instead focused on the
  regulation of private action by associations prior to taking legal action."

  OCHH is a firm that represents thousands of HOAs in Colorado, as is quite active in lobbying the legislature on HOA law. They cite the process in making HB22-1137 into law by stating that legislators "declined to create an explicit jurisdictional requirement for compliance" while expanding jurisdiction for homeowners to use Small Claims Court.

  I was involved in that process, and that statement couldn't be further from the truth. The original language of the bill not only created explicit jurisdiction, it created limitations on the amount of legal fees these firms could collect (3x the amount owed). This firm and several others through a hissy fit - and I attended their webinars where they did so!

  In order to move them from opposition to amend positions, legislators appeased them by removing such language. So, it is therefore disingenuous for the same firm to argue to the Colorado Supreme Court that the legislators were either lazy or ignorant when creating the language of HB22-1137. In fact, a compromise was reached to get the bill passed.

  The problem here is that when we find an HOA Board that is non-compliant with CCIOA, their governing documents, or any other state/federal law, we first encounter the Business Judgement Rule. This rule allows an HOA Director to use ignorance of the law as an affirmative defense. Since there is no required training, education, or certification, a "volunteer" merely has to claim they they had no idea they were violating the rules or law. Poof - they can't be held accountable.
  
  The only way to pierce this defense is to prove "wanton or willful" actions on the part of Directors. But, now that the Colorado Supreme Court has rejected the Writ of Certiorari in Topakas v. Wintermoor, the Appellate decision stands. The Courts have decided that an HOA Board or Director can merely be compliant in a partial or "substantial" way - and that strict compliance is unnecessary.

  In other words, even proving wanton or willful actions is insufficient to prove non-compliance, because a Director is held to a different standard than a homeowner. Homeowners can and actually have lost their homes because Boards are allowed to claim a standard of strict compliance for petty violation such as grease stains on driveways, torn screens, etc (as we saw in Green Valley Ranch), but Directors have an easy out - they can be ignorant of the law or rules, and even when they aren't, they can say they kind-of-sort-of complied, and totally get away with it.

  How is it that we have attorneys who argue that when a homeowner signs the contract and purchases a home in an HOA, they agreed to every fine detail, but when the same homeowner volunteers for the Board, they get all this great discretionary latitude?

  Combined with the fact that a homeowner attempting to enforce rules on a Board isn't just up against the Board, CAM, and/or HOA General Counsel, but also the well-funded Insurance Company that defends non-compliant Directors even when they know they have actually violated the law, it is nearly impossible for a homeowner of average means to follow through and endure the lawfare tactics that grind a homeowner until they are out of money or emotionally drained.

  It's almost like these attorneys acting as lobbiests have designed a system that has no intention of having homeowners fulfill their roles as the sole compliance officers.

  And, once Directors learn (or are taught) that they can't be held accountable, we then see a pattern of predatory behavior, discrimination, abuse, and outright lawlessness that cannot be checked by the available powers. The combination of proxy hoarding, vicious hoa politics, assigning of individual assessments, threats of legal action for defamation, and a slew of other weaponization of the HOA powers puts homeowners at an inherent disadvantage.
  
  And, no, it's not good enough to "run for the board" or "try to remove the director". At best, these are just ways to invite retaliation and be driven from your home for "getting involved".
  
  The system is broken. Fundamentally broken.
  
  In order for there to be any success, the HOA Task Force must take the time to listen to what OCHH is putting out there in plain sight - they are daring you to recommend specificity in CCIOA, so that homeowners have a clear path with a statutory claim upon which relief may be granted in the Courts (District, State, and/or Small Claims). They are mocking you while lobbying against this to your face, but then telling the very same Courts that if you wanted to, you could.
  
  It's long past time for Colorado Legislators to recognize that the Courts and the system of using the Courts is a fools errand. There's no intention for this to resolve disputes. It is a mere illusion of fairness or even democracy. There is no justice possible for homeowners, unless the matter is so incredibly egregious and well-documented that the Courts have no option than to let it move past a Motion to Dismiss. But, for the vast majority, this is where it ends.

  And, this, in turn, makes negotiating with Boards, Directors, CAMs, and HOA General Counsel difficult to impossible. Because they know of the power imbalance, they have no incentive to engage, let alone allow an actual dispute resolution process to resolve a dispute. They stonewall, hide or destroy documents, and often go on offense and in some cases send the homeowner the legal bill for having sent emails raising the issue.

  We have seen a few cases in recent years were the Legislature has, in fact, created statutory claims. In HB21-1229, for instance, there is a $500 penalty if an HOA doesn't turn over certain documents. It's a good start. HB22-1137 has a statutory penalty relating to foreclosures done improperly. We need more of this.
  
  But, rather than parsing out section by section, the Legislature needs to contemplate a system that allows for enforcement of compliance on Boards that does not rely upon the Courts at all. I've recommended using Nevada as a model, and consider having some matters handled with administrative adjudication. It won't prevent the Courts from being used, but for the vast majority of common disputes, a $30k ante is just too high of stakes for an average homeowner - if they can even find an attorney in Colorado to take their case.

  No Alternative Dispute Resolution system that relies upon the courts will work if CCIOA lacks specificity, the Business Judgement Rule allows absolute ignorance as a defense, and the Colorado Courts continue to allow partial or substantial compliance to be the standard for enforcement.

  I hope you will seriously consider these points as you consider your agenda for this HOA Task Force. I look forward to your comments and response at the meetings and hearings.
  
  Thank you for the opportunity to raise these issues.