HOA Homeowners' Rights Task Force

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  Mayor Joy Cooper

  by Mayor Joy Cooper , over 2 years ago
  Thank you for giving condominium owners and HOA Boards a forum to share their concerns and issues.

  We are owners of a condo in Winter Park Colorado for over 20 years . Our full-time home is in Florida, where I serve as the Mayor in the city in Hallandale Beach.
  I have served for over 22 years in my capacity as an elected official and have become very familiar with condominium issues. Our city of 40,000 has over 100 condo and co-ops.
  Sadly I am very familiar with the Champlain Tower collapse in Surfside Florida and was actually selected to... Continue reading

  Thank you for giving condominium owners and HOA Boards a forum to share their concerns and issues.

  We are owners of a condo in Winter Park Colorado for over 20 years . Our full-time home is in Florida, where I serve as the Mayor in the city in Hallandale Beach.
  I have served for over 22 years in my capacity as an elected official and have become very familiar with condominium issues. Our city of 40,000 has over 100 condo and co-ops.
  Sadly I am very familiar with the Champlain Tower collapse in Surfside Florida and was actually selected to serve on Broward Counties 40 Year Building Safety Taskforce to evaluate building safety issues , the inspection process and evaluating the weakness in condo laws that lead to many condominiums neglecting their buildings.
  We bought at iron horse when it was a Hotel /condo. Over the past years many things in the market changed. Due to the advent of vacation rent by owners many went self managing their units and the building was transferred into a condominium building.

  Due to the make up of the property, there are two 10 story buildings that are comprised of one bedroom, and a few two bedroom units (C&D) and
  there are two other buildings that are three stories comprised of two bedroom larger unit.(H&J)
  The current board president ran with the goal of changing the way that our assessments are calculated. They used to be on pillow count then they moved to one bedroom two bedroom,. For a few years they could not agree and then they moved them to square footage .

  While everyone agreed that there should be equity within how assessments and maintenance is calculated once 315 passed on the state level the board who is comprised of all owners from C & D manipulated the process to the extent that H&J buildings are paying for supermajority of maintenance and assessments on areas they are considering common. we do not even have access or use them

  The way 315 was crafted provided loopholes within these calculations. That combined with the total controlling power of those with C&D units have created total inequities in assessment and maintence .

  In addition to these issues, the current president had fired, five different managers and management companies. Last year they hired a new company. without fully disclosing the hiring the presidents intent was to not only serve as president of the board, but as the paid proerty manager

  
  

  In addition, her husband serves as chair of the finance committee.

  This is certainly a conflict of interest.
  This should not be allowed and should be included in any legislation.
  It should include a preemption that anyone serving on a condo HOA nonprofit board shall not be an able to manage and collect a salary from the association.
  While this is referenced in our bylaws and we have yet to receive any vote by the board it is not against Colorado law.

  
  In addition, there is no requirement for a manager to be certified in any capacity .
  This law should be changed specifically for larger properties. I understand the Contro managers are used to be required to carry a certification.
  
  There also should be regulations on building inspections required like there is in Florida. We had balconies and stairwells buildings in H&J that were neglected to the point they were falling down and red tagged .
  Currently there was finally a stairwell reconstructed with contracts, executed by the board with no building expertise that is now red tagged as it was built defectively

  Dora is to be following electric and plumbing permitting . I could not find any permits filed for material changes to our buildings . It’s just quite difficult to do when you’re in Denver and miles away. There needs to be stricter laws for inspections, permitting, and set milestones for buildings .There needs to be stricter laws for inspections, permitting and enforcement mechanisms in place.

  If anyone on your committee would like to discuss my experiences as an elected official here in Florida or to elaborate on our experience with our HOA I welcome the opportunity.
  Certainly if I lived full-time in Colorado, I would’ve enjoyed participating in person in your meeting.
  Joy Cooper

  Iron horse condominium unit J 4109 in Winter Park Colorado
  Mayor of, HallandaleBeach, Florida
  954-732-5700 joycooper@aol.com

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  
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  #banHOAfines

  by Robert Racansky, over 2 years ago
  

  Comments for the Homeowners Association Task Force. I am a resident of a HOA community and a past Board Member and Treasurer of our HOA. Fines: Establish a standard of "reasonableness" to limit HOA fines, through legislation if necessary.

  - ckreiman, "Recommendations For HOA Rules", 21 October 2023, emphasis added

  Depending on the legislature to “establish a standard of ‘reasonableness’“ is hopeless.

  
  

  See, for example, the recent comment below about "reasonable accommodations":

  I am a disabled vet, I have energy and balance issues. I am trying to make my home accessible.The HOA flat told me NO. When I... Continue reading

  Comments for the Homeowners Association Task Force. I am a resident of a HOA community and a past Board Member and Treasurer of our HOA. Fines: Establish a standard of "reasonableness" to limit HOA fines, through legislation if necessary.

  - ckreiman, "Recommendations For HOA Rules", 21 October 2023, emphasis added

  Depending on the legislature to “establish a standard of ‘reasonableness’“ is hopeless.

  
  

  See, for example, the recent comment below about "reasonable accommodations":

  I am a disabled vet, I have energy and balance issues. I am trying to make my home accessible.The HOA flat told me NO. When I tried to have my request heard as a Reasonable Accommodation they told me their attorney told them they did not need to honor a Reasonable accommodation.

  - slampo, "Reasonable Accommodations", 23 October 2023

  A better and much more simple solution would be to ban non-judicial H.O.A. fines, regardless of what is written in the governing documents of the H.O.A. corporation.

  Without the authority and power to assess fines, an H.O.A. corporation would have the same recourse to enforce the rules that homeowners currently have:

  • file a lawsuit
  • prove their case in an Open Court of Law
  • ask the Court for injunctive relief and/or monetary damages

  This is what is known as an equity of legal remedies.

  If non-judicial fines are really necessary to ensure compliance with the rules, then homeowners should be allowed to assess fines against their H.O.A. corporation when the H.O.A. violates the rules.

  But we know that will never happen, because nobody in government is seriously interested in an equity of legal remedies between consumers of H.O.A.-burdened housing and H.O.A. corporations.

  That is why the authority and power of H.O.A. corporations to issue non-judicial fines is statutory, regardless of what is written in the governing documents of the H.O.A.

  Colo. Rev. Stat. § 38-33.3-102. Legislative declaration.
  (1) The general assembly hereby finds, determines, and declares, as follows:
  (b) That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations … by increasing the association's powers to collect fines, and enforcement costs;

  
  

  Colo. Rev. Stat. § 38-33.3-302. Powers of unit owners' association.
  (1) the association, without specific authorization in the declaration, may:
  (k) (I) levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association.

  In 2017, I offered a Resolution to the Boulder County Democrat Party (B.C.D.P.) to ban H.O.A. fines, which they refused to even vote on ...

  ... because then B.C.D.P. Chair Mark Williams is a believer in heavy-handed privatized corporate governance to keep his neighbors in line.

  From: Mark J. Williams (Boulder County Democrat Party Chair)
  Date: Thu, June 01, 2017
  Subject: Resolution prohibiting HOA's from imposing fines
  To: Cliff Smedley (B.C.D.P. Resolutions Team Chair)
  
  My concern is that this discussion is going to go all over the place and that we won't have a way to reach consensus. I personally don't support the Resolution because, as the former President of a local HOA, we found that in a few cases it was only the possibility of a fine being imposed that moved folks to taking actions that benefited the entire community.

  I met in person with State Representative K.C. Becker (Democrat - Boulder), who was the House Majority Leader at the time, asking for support. She refused.

  From: KC Becker
  Date: Tuesday, June 06, 2017 at 11:16 AM
  Subject: Re: H.O.A. : B.C.D.P. Resolution
  To: Robert Racansky
  
  Regarding your resolution below: I think you are asking folks to adopt a policy on an issue they may not have much personal experience with (since we don’t have a lot of HOA’s in Boulder) and if they do have personal experience with HOA’s, it may not be negative. So adopting such a broad policy might be difficult. It also may not be enough of a priority to include. I’d also say that adopting this policy may not really aide your efforts in any significant way. I’m sorry that I cannot support adoption of this resolution by the local party right now.
  
  Best,
  KC Becker
  House Majority Leader
  Colorado House District 13
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  Iron Horse

  by Dr. Harry A Cooper, over 2 years ago

  Iron Horse

  I am the owner of a condominium unit at Iron Horse Condominium and have owned for about 17 or more years. I served on the board for about 8 years. Iron Horse has become a hostile place to live especially due to the actions and words of our board president and the board of directors, who are her cronies. Due to the president and the board, my place of joy and happiness with my children and grandchildren has been ruined. Every time you mention something to the president, which she does not believe in or disagrees, you get... Continue reading

  Iron Horse

  I am the owner of a condominium unit at Iron Horse Condominium and have owned for about 17 or more years. I served on the board for about 8 years. Iron Horse has become a hostile place to live especially due to the actions and words of our board president and the board of directors, who are her cronies. Due to the president and the board, my place of joy and happiness with my children and grandchildren has been ruined. Every time you mention something to the president, which she does not believe in or disagrees, you get a fine. I have never gotten an actual bill for these fines due to the fact if you have any monies owed to the HOA, you are not a member in good standing and therefore are excluded from any condo voting. This is a clandestine way of keeping her position as president.
  
  

  Being president has always been a volunteer position but acting through the board, hired a management company that she is employed with, and is receiving compensation in contradiction to our governing documents. This is even in light of a defective disclosure of a conflict of interest, which occurred after engagement of the management company and effective date of the agreement. When I confronted her with this, I never received a response but did receive severe warnings that I inappropriately contacted the management company which is her employer.
  
  

  Other instances, include when we attempt to figure out why work done to our buildings has not passed inspection, we are advised we cannot communicate with the “association’s contractors.” Just another attempt to stifle speech and oppress homeowners. The board president took it too far, when she provided that we cannot speak to Winter Park officials about Iron Horse. Which she clearly has no authority to prevent.

  Also, the garages of H and J were in horrid condition with holes and haven’t been painted in years. I showed her my garage. She even stated that she would have provided me with rollers and brushes. I painted my garage, as I take pride in the upkeep of our property. She then fined me since my garage was a semi gloss green and no matte. However, she initially complemented me on how nice my garage looked. She charged me for having to have my garage repainted but she was already finally having some employee repaint the garages. She also said I had to pay $100 cash to have my garage sensors lowered by 2 inches for safety measures. I could have easily done it myself. It is my opinion that this money never reached a condo account.
  
  

  The president makes sure that the C and D buildings where she resides are perfect. She had new carpet installed and then shortly later had it cleaned. She charged the H and J buildings to pay for this as to their square footage and compliance with the 315 amendment. We have had zero maintenance in the H and J buildings. No cleaning, power washing, and replacing stairwells. The steps leading to the elevator had two railings. One was broken and now we have just one. Our windows were in horrible condition and a pane of glass actually fell to the ground almost hitting an employee. We personally paid $37K for new windows.
  
  

  The most clear injustice, was the filing of multiple infractions/fines and selective enforcement of restrictive covenants, all of which were filed a couple days after an attorney representing my wife and I filed a records request pursuant to CCIOA. The president and board’s actions need to be addressed. There are multiple lawsuits in grand county, due to the president and board’s arbitrary, capricious and retaliatory conduct. The above is just touching all the injustices placed upon a group of owners at the Iron Horse. We are extremely grateful for the task force and hope serious regulatory and legislative changes can be made through this process, to curtail further oppression and injustices.

  
  

  Dr Harry Cooper
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  Reasonable Accommodations

  by slampo, over 2 years ago

  I am a disabled vet, I have energy and balance issues. I am trying to make my home accessible.The HOA flat told me NO. When I tried to have my request heard as a Reasonable Accommodation they told me their attorney told them they did not need to honor a Reasonable accommodation.Two board members have made changes to their landscape that involves changing the plot plan. I was denied because I was told I could not make a change to the grade plan. Both the board members have built retaining walls in their backyards. One has removed soil at their... Continue reading

  I am a disabled vet, I have energy and balance issues. I am trying to make my home accessible.The HOA flat told me NO. When I tried to have my request heard as a Reasonable Accommodation they told me their attorney told them they did not need to honor a Reasonable accommodation.Two board members have made changes to their landscape that involves changing the plot plan. I was denied because I was told I could not make a change to the grade plan. Both the board members have built retaining walls in their backyards. One has removed soil at their foundation. This is not just a denial on reasonable accommodations but they are discriminating as they allowed their own modifications.

  
  

  Note I am not asking anyone to pay for these improvements, these will be accomplished to my home which is a single residence. I have a fenced yard.

  All HOA Board Members and Managers need to be required to have Reasonable Accommodations' training along with training on how you can't approve things for yourself and denies your neighbors. ADA and housing complaints can cost a community any such violations need to come out of the boards and management companies pockets not the other homeowners.

  When this is all said and done I am not sure I can stay living in my home as I am being shunned by my community.
• Share Provide a pathway for single family, detached homes to exit HOAs and Colorado Common Interest Ownership Act on Facebook Share Provide a pathway for single family, detached homes to exit HOAs and Colorado Common Interest Ownership Act on Twitter Share Provide a pathway for single family, detached homes to exit HOAs and Colorado Common Interest Ownership Act on Linkedin Email Provide a pathway for single family, detached homes to exit HOAs and Colorado Common Interest Ownership Act link

  Provide a pathway for single family, detached homes to exit HOAs and Colorado Common Interest Ownership Act

  by Liam of Broomfield , over 2 years ago

  I believe Common-Walled, Common-Roof and Shared driveway and shared garages, as in Condominiums, Townhomes and Apartments Conversions need HOA structures and Community rules; however, single family detached homes do not need this restrictions.
  
  HOAs protect the value of your single family homes is NOT a veritable or proven statement, as much as the Real Estate and Community Property Management industries would like you to believe. In the 45 years of purchasing residential real estate as primary residences and investment properties, the rule for success has been “Location, Location and Location” and Bill Clinton’s famous “It is the economy stupid”. Never... Continue reading

  I believe Common-Walled, Common-Roof and Shared driveway and shared garages, as in Condominiums, Townhomes and Apartments Conversions need HOA structures and Community rules; however, single family detached homes do not need this restrictions.
  
  HOAs protect the value of your single family homes is NOT a veritable or proven statement, as much as the Real Estate and Community Property Management industries would like you to believe. In the 45 years of purchasing residential real estate as primary residences and investment properties, the rule for success has been “Location, Location and Location” and Bill Clinton’s famous “It is the economy stupid”. Never has the investment theory been “HOA and Deed Restriction” times three! If you need confirmation, compare the Denver areas (four towns) between the boundaries of Hampden Ave on the South, Yosemite Street on the East, 60th Ave on the North and Kipling Street on the West, mostly all single family, detached neighborhoods, mostly ALL homes increasing in value as well or not better than HOA communities. The same could be said of the Boulder area (Table Mesa, Highway 36, Valmont and 9th Ave). A recent trend in real estate sales is to point out the property is NOT in an HOA.

  
  The Colorado Legislature needs to cut the baby (CCOIA) in half and provide detached homes the right to self determination and exit HOA chains and a path Free and Clear Title. Once an HOA is annexed into a town or city, or five years after the Declarant has relinquished control to the homeowner, 66 and 2/3 percent of the homeowners must vote to OPT IN to the HOA for another five years. This cycle should continue very five years. Give the 1,000,000 or more voters the right to spend their family budget as they best see fit. It is my opinion, homeowners are a major economic driver in local communities and these homeowners’ interest need to be considered going forward.

  To include new communities under CCOIA, the developers propose and transfer preposterous common ownership of monuments, playgrounds equipment lots and roundabouts deed titles to the HOA Inc. these titles could be transferred to a Planned Unit Development preservation district established under an LLC with shareholders matching the number of units in the former HOA Association or Sub Associations.

  My opinion is based on multiple adverse experiences involving community management companies (CMC); Unjust Enrichment by the CMC after increasing the $79 monthly assessment to $158 in order to facilitate its buy into a local real estate company; $750,000+ bookkeeping embezzlement; placing $500,000 of Reserve Funds in the market place, in contravention of Colorado laws; failing to consistently enforce CRR resulting in homeowner law suits.

  As long as the CMC increases the monthly assessments, taking part of those fees and play consultants to influence the next legislators to place the HOA entity and CMC above the interest of the individual homeowners , the madness will continue.

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  
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  Overcharging dues

  by Amberbrady333, over 2 years ago
  Our HOA has 26 units. We are a 3 block area in Townhouse Row in Aurora. thousands of units are around here. Our original HOA was robbed by the builder so then they outsourced us to a management company that has steadily increased our dues from $90 a month 20 years a go to now $219 a month. My husband is our sole earner as I am disabled and he was laid off during COVID causing us to fall behind. Now that he is working we are paying an extra $200 per month to get caught up. I have probably... Continue reading

  Our HOA has 26 units. We are a 3 block area in Townhouse Row in Aurora. thousands of units are around here. Our original HOA was robbed by the builder so then they outsourced us to a management company that has steadily increased our dues from $90 a month 20 years a go to now $219 a month. My husband is our sole earner as I am disabled and he was laid off during COVID causing us to fall behind. Now that he is working we are paying an extra $200 per month to get caught up. I have probably repaid the amount we originally owed twice now but the fees are what I'm still paying down to the tune of approximately $5000.

  
  

  And now due to our cement settling severely mice have gotten into our garage as well as our neighboring unit. The pest control came and can begin to correct this and said it will even provide about 2 years of protection in the areas the mice are getting into the garage. But our claim has been denied by the board. I'm paying for past dues and I feel that is why they are refusing to approve the claim. There's no way I myself can come up with this money as I'm making so many payment plans to catch us back up on utilities, HOA, car payments, etc.... But heaven forbid the HOA pays out $1395 to help out 2 of the 26 units. We have no amenities at all. Half sized streets that are in terrible condition. We are not allowed to park on those streets because the HOA has deemed that . We have half sized drive ways so you can't park there. We had 3 handicap spots but they took one away and told me I couldn't park my car there because they felt it didn't move enough and so they declared it was being used as storage not parking. Even though it left twice a day everyday of the week to take my children to and from school. But since they didn't see it move it must not have moved right?

  I feel there need to be limits on what dues can be based on the number of units and amenities. I could understand us paying $219 a month if we had a playground and a swimming pool. But we do not. We have asked for them and been denied every time.

  I previously served on the board but left because I felt the management company was pushing more and more money and the people serving on the board were not thinking for themselves and just doing what they want. Maybe because they do not understand the issues and want to do what a professional is telling them. I don't know, but as a former accountant I know there is a better way. Our roofs were paid for by insurance this last time so where is all the money we supposedly saved up to pay for the new roofs?

  HOA's will force more people on the streets and Colorado is already bursting at the seems so lets fix this problem before no one in the lower class can afford to live in Colorado.
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  Please Examine Abusive Practices in HOAs and Evaluate Causes

  by HOAIssues, over 2 years ago

  Knowing of numerous homeowners who believe they were: 1. unfairly treated by their HOA Boards, 2. unable to obtain appropriate documentation, and 3. among other slights were dealing with HOA Boards who didn’t follow proper procedures and often used the HOA attorney to intimidate the homeowner, I would ask the HOA task force to address several questions.

  Is there commonality in these cases where homeowners are emotionally and/or financial damaged? What is it about the power dynamics and legal structure of HOAs that allows a group of decision-makers to harm others? Many homeowners have valid concerns about the decisions made... Continue reading

  Knowing of numerous homeowners who believe they were: 1. unfairly treated by their HOA Boards, 2. unable to obtain appropriate documentation, and 3. among other slights were dealing with HOA Boards who didn’t follow proper procedures and often used the HOA attorney to intimidate the homeowner, I would ask the HOA task force to address several questions.

  Is there commonality in these cases where homeowners are emotionally and/or financial damaged? What is it about the power dynamics and legal structure of HOAs that allows a group of decision-makers to harm others? Many homeowners have valid concerns about the decisions made that directly affect their lives. Yet, the "powers in charge" choose to ignore their duties and often disparage those questioning their authority.

  It has been publicly observed that HOAs are receiving a transfer of unrestricted municipal powers, which are easily corrupted by the lack of oversight. In addition, HOAs are becoming increasingly unaffordable. Many of the complaints about HB 1137 are based on the simple request of notifications that cause increased cost of postage and staff time. Yet, there is a cost of doing business inside the legal structure of an HOA that is not understood and/or desired.

  As well, the cost of added facilities and infrastructure costs (sidewalks and roads) are increasingly being transferred to homeowners in individual developments. HOAs with extensive recreational facilities are beginning to have the look and feel of private country clubs. There are indications that those living in newer HOAs will not support municipal or county recreation because they are already paying higher taxes to the Metro District for their added amenities and/or new schools or retail centers. The continued maintenance of roads and sidewalks and who pays is coming into question.

  There does not appear to be coordination between the State, county, and developers regarding increased traffic on State highways and county roads to accommodate increased residential developments. In the past four weeks there have been three FATAL accidents near our home. The two-lane roads are dangerous with blind spots, wildlife and entry points into the county roads and State highways where drivers are substantially over the speed limits.

  I could go on. We are witnessing the abdication of Municipal and State coordination with the transfer of major responsibilities to developers. There is little interest in homeowner input in any stage of development or in the administration of HOAs.
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  Make HOA board meetings public and meeting minutes available

  by tpack, over 2 years ago

  I have the unfortunate experience of being illegally fined by my HOA board. Our covenants state that any landscaping must be approved by the Design Review Committee. When making my landscaping changes, I submitted my proposal to the DRC and have, in writing, an approval letter. I installed my landscaping exactly as described.

  A neighbor did not like the improvements I made and joined the DRC shortly thereafter. Subsequently, in 2023, the HOA started fining me. They fined me immediately, without an opportunity to fix, and did not deliver the letter via certified mail. They continue fining me and attempting... Continue reading

  I have the unfortunate experience of being illegally fined by my HOA board. Our covenants state that any landscaping must be approved by the Design Review Committee. When making my landscaping changes, I submitted my proposal to the DRC and have, in writing, an approval letter. I installed my landscaping exactly as described.

  A neighbor did not like the improvements I made and joined the DRC shortly thereafter. Subsequently, in 2023, the HOA started fining me. They fined me immediately, without an opportunity to fix, and did not deliver the letter via certified mail. They continue fining me and attempting to intimidate me, after I've spent thousands on the landscaping, and will not acknowledge the original DRC approval.

  Our HOA board and DRC meetings are held in private, without notice to members or invitation to attend, and meeting minutes are seldom taken. HOAs should be required to take detailed meeting minutes and make them available to all homeowners. This will improve transparency in decision making and will publicly hold HOAs accountable to their decisions.
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  Recommendations for HOA rules

  by ckreiman, over 2 years ago

  Comments for the Homeowners Association Task Force. I am a resident of a HOA community and a past Board Member and Treasurer of our HOA. Fines: Establish a standard of "reasonableness" to limit HOA fines, through legislation if necessary. Collection procedures for unpaid fines should conform to those applicable to other types of debt collection. Uncollected fines should be secured by a lien on the property to be collected upon sale of the property. I believe that HOAs should NOT have the power to foreclose on a property solely to collect unpaid fines. Administration and Communication: To save administrative costs... Continue reading

  Comments for the Homeowners Association Task Force. I am a resident of a HOA community and a past Board Member and Treasurer of our HOA. Fines: Establish a standard of "reasonableness" to limit HOA fines, through legislation if necessary. Collection procedures for unpaid fines should conform to those applicable to other types of debt collection. Uncollected fines should be secured by a lien on the property to be collected upon sale of the property. I believe that HOAs should NOT have the power to foreclose on a property solely to collect unpaid fines. Administration and Communication: To save administrative costs, owners should be authorized to agree to receipt of all required documents and notices electronically; mailing of hard copies would be required only for those who do not authorize electronic communication. Develop a suggested format and template for HOA financial information to owners that shows operating expenses and capital expenses separately, with the amount of monthly dues allocated for each. Model Annual Budget information should include: beginning of year balance of reserves available for capital projects; description of proposed capital projects; acknowledgement of the need to fund unanticipated projects; and a best estimate of whether the end of year reserve balance will increase more than 5%, decrease more than 5% or stay within 5% of the beginning year balance, given anticipated capital expenses, compared to allocation of dues to reserves and expected earnings on reserve balances.
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  Dealing with a homeowner who refuses to comply with Covenants

  by BillB, over 2 years ago

  Most stories tell of a homeowner abused by HOA boards.

  But, our HOA of 100 single homes has a homeowner who under the new 22-1137 law, has accumulated the maximum fine, but still refuses to correct a simple landscape light violation.

  The previous threat of foreclosure has been removed and court action seems excessive. Court action would destroy the community "good neighbor" relationship the board would like to foster and maintain. There needs to be a solution to this.

  
  

  Thank you

  Most stories tell of a homeowner abused by HOA boards.

  But, our HOA of 100 single homes has a homeowner who under the new 22-1137 law, has accumulated the maximum fine, but still refuses to correct a simple landscape light violation.

  The previous threat of foreclosure has been removed and court action seems excessive. Court action would destroy the community "good neighbor" relationship the board would like to foster and maintain. There needs to be a solution to this.

  
  

  Thank you