HOA Homeowners' Rights Task Force

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  Mary

  by Bestm, over 2 years ago
  Our HOA was built in 1960-1970’s, it is old, no money was set aside to do maintenance and repair till about 8 years ago. We had to do assessments for roofs and many were not happy. Some moved away. Other people have bought places here because they were cheaper than the other newer ones, now they are complaining our HOA fees are too high, but we still do not have the money needed to do upgrades on fence and replace roofs, replace and repair asphalt driveways, maintain pool and landscape, so we have to do assessments which upsets people. I... Continue reading

  Our HOA was built in 1960-1970’s, it is old, no money was set aside to do maintenance and repair till about 8 years ago. We had to do assessments for roofs and many were not happy. Some moved away. Other people have bought places here because they were cheaper than the other newer ones, now they are complaining our HOA fees are too high, but we still do not have the money needed to do upgrades on fence and replace roofs, replace and repair asphalt driveways, maintain pool and landscape, so we have to do assessments which upsets people. I think they bought here because it was cheaper, not realizing it was going to cost them to maintain, the older structure. I think reality company’s should have some responsibility to inform potential buyers of rules and regulation of the HOA, as people move here and have never read the rules, have no idea that they have to pay for upkeep of outside etc. it’s difficult to get board members to stay on as they get tired of taking the blame for expenses, that are questioned over and over.
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  Best Community Financial Practices or Narrow Self Interests?

  by Neuromate, over 2 years ago

  Best Community Financial Practices or Narrow Self-Interests?

  The Covenant of our HOA, as with so many others, directs the Board of Directors to uphold a fiduciary responsibility to safeguard the financial well-being of the whole community. Really? Consider the following story about our HOA:

  • Since the completion of its’ building in1982 only 2 Reserve Fund Studies have been conducted; both studies rated the Reserve Fund as being 17% sufficiently funded to avoid risking a Special Assessment.
  • There have been no increases in HOA fees in 13 of the past 15 years. This record, despite growing evidence of infrastructure deterioration, neglected... Continue reading

  Best Community Financial Practices or Narrow Self-Interests?

  The Covenant of our HOA, as with so many others, directs the Board of Directors to uphold a fiduciary responsibility to safeguard the financial well-being of the whole community. Really? Consider the following story about our HOA:

  • Since the completion of its’ building in1982 only 2 Reserve Fund Studies have been conducted; both studies rated the Reserve Fund as being 17% sufficiently funded to avoid risking a Special Assessment.
  • There have been no increases in HOA fees in 13 of the past 15 years. This record, despite growing evidence of infrastructure deterioration, neglected services, and poor repair decision making, e.g., roof replacements without replacing the draining systems at the same time, or to replace failing staircases.
  • There were three fires over the course of 2 years in which the HOA used Reserve Funds to repair damages immediately;’ some of which were the owner’s responsibility. During the protracted process to recuperate funds from insurance carriers and owners, the HOA lost its’ ability to meet operating expenses.
  • The Board of Directors secured a 15-year $2.4 million dollar loan, removed the live-in Grounds keeper position, and sold the HOA owned housing unit, to stabilize its’ financial position and conduct some safety hazard construction replacements.
  • The Community has lost its’ financial independence; at present 23% of its’ income goes to debt management.
  • The Board of Directors did not file for FHA re-certification knowing the 51% owner-occupied requirement could not be met. Yet the management company continued to describe the community on its’ website as well beyond the minimum level of owner-occupancy*.

  Over the course of the past two years there have been significant changes in the Members of the Board, most recently there has been a change of Management Company, and a significant increase in HOA fees for next year will be up for discussion at the next Board Meeting.

  What has not changed, and is unlikely to change, is the exclusivity of financial decision making and practices being implemented effectively by 3 members of the Board of Directors**.

  Notes:

  • *Westwind Management Website - Meadow Hills 1 Community Description: 252 Total units; 82 Rental units; 170 Owner-Occupied units.
  • **5-member Board, with quorum vote of 3 to decide any financial decision via the Covenant. This became an issue when the $2.4 million dollar loan was introduced; a 62% vote of the 252-member community was required to override the Board’s decision.
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  HOA's able to skirt ADA compliance

  by CShockr, over 2 years ago
  Even after 30 years to comply with the ADA in our 55+ community, our board still skates around ADA compliance by stating they do not have to provide reasonable accommodations for disabled individuals in areas they claim to be "for residents only." It's time to close this loophole and force HOA's to fully comply with the ADA in all areas of housing and common spaces.

  Even after 30 years to comply with the ADA in our 55+ community, our board still skates around ADA compliance by stating they do not have to provide reasonable accommodations for disabled individuals in areas they claim to be "for residents only." It's time to close this loophole and force HOA's to fully comply with the ADA in all areas of housing and common spaces.
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  HOA Board of Managers Fails to Comply With Governing Documents

  by Shadow, over 2 years ago

  The Board of Managers of our HOA recently decided to cancel the Annual Members Meeting. Both the date and location of the Meeting as required by the Association Bylaws. Then they went further and denied Members the use of Proxies; established a new date for the Meeting several months from the required one; announced they would no longer allow Members to recomend changes to the Bylaws from the floor and hold the Meeting-not in person as required in the Bylaws, but by Zoom attendance. Substantiating and verifying who was qualified to vote and procedures to ensure proper voter validation was... Continue reading

  The Board of Managers of our HOA recently decided to cancel the Annual Members Meeting. Both the date and location of the Meeting as required by the Association Bylaws. Then they went further and denied Members the use of Proxies; established a new date for the Meeting several months from the required one; announced they would no longer allow Members to recomend changes to the Bylaws from the floor and hold the Meeting-not in person as required in the Bylaws, but by Zoom attendance. Substantiating and verifying who was qualified to vote and procedures to ensure proper voter validation was not provided.

  Essentially, Members are faced with only one option that most can not afford.

  That option is to hire an attorney to force compliance with the governing documents or change them by adhering to the process outlined in the governing documents.

  The best solution is to give DORA the power to investigate HOA complaints and enforce compliance of Governing Documents.
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  Flooding for the past several years

  by iceytina21, over 2 years ago
  My husband and I moved into an hoa community in October 2022. We were completely unaware that there has been ongoing flooding concerns happening since at least as far back as 2016. This past year, we have had a couple instances of water filling our window well and spilling out into our finished carpeted basement. The second time this happened was June 2023. It hailed and rained very hard, and within 15 minutes our entire window well was filled, and water was very liberally waterfalling into our basement. It filled up a corner section so much that water was standing... Continue reading

  My husband and I moved into an hoa community in October 2022. We were completely unaware that there has been ongoing flooding concerns happening since at least as far back as 2016. This past year, we have had a couple instances of water filling our window well and spilling out into our finished carpeted basement. The second time this happened was June 2023. It hailed and rained very hard, and within 15 minutes our entire window well was filled, and water was very liberally waterfalling into our basement. It filled up a corner section so much that water was standing and pooling up out of our carpet. Our HOA had a vendor come that evening to set up a large dehumidifier. The dehumidifier ran for around 8 days non-stop. A good portion of carpet had been rolled back. Even when the vendor came and took the dehumidifier out, there were still moisture readings and part of the carpet and carpet pad was still damp. We have not been able to use our basement going on 3 months, as of this story. The HOA told us they would have 2 different vendors come and submit bids to fix our compleyely demold my basement.

  I also was not aware that the current management company manager my HOA has had for the last few years at least has either been incompetent or negligent or both in carrying out their duties. They have left minimal to no notes for a very long. A few months ago, the hoa fired them. And now we have a new manager with the same management company. Though she seems to be trying hard, the previous manager's years of negligence have created a monstrous web of loose ends and broken connections. Every month I go to my HOA meeting and Im basically told by the manager that every week she contacts the vendors to remind them to go and make a bid for my basement work. I have seen no one in months and there has been no 1 to come out and run another demold spray to keep the mold down in my basement. I have been informed by a neighbor that has lived here since 2016 that her unit has flooded a few times and that she knew the previous owners of my unit, and that it has flooded more than her unit. This is our first time to live in an Hoa community, and our experience so far has been incompetence and negligence on both the management company and the HOA; he management company that they were allowed for so long to not take proper notes and to drag their heels and ignore previous submitted notices and warnings from at least a couple homeowners about the need to fix the flooding issues; and negligence on the part of the hoa is that they were unaware or didn't look into the incompetence of the previous manager fast enough and deep enough. That quite a few of these issues happening for the last several years is because of them.

  Routinely, I have also learned that regular contracted vendors to do pandscaping and gutter cleaning have not come faithfully. The gutter cleaning has especially thrown fire onto this issue of flooding. The gutters have not been cleaned properly. This past scheduled time, they were not cleaned at all. We are very frustrated with the situation we are in so much so that the next time we purchase a house, we will try to find one that is not in an HOA neighborhood.
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  HOA Task Force Input

  by Frank Wille, over 2 years ago
  I am the Secretary of a small self-managed HOA in Colorado Springs. There are many types and sizes of HOAs in Colorado. No doubt there are bad actors. However legislation that impacts all HOAs fails to recognize the good ones. One size does not fit all. Based on this latest status update, it appears the charter of the Task Force commissioned by HB 23-1105 has expanded. Many of these "stories" are unsubstantiated complaints that make me question the credibility of the data that will be used to generate the final report of the Task Force and potential legislation.

  I am the Secretary of a small self-managed HOA in Colorado Springs. There are many types and sizes of HOAs in Colorado. No doubt there are bad actors. However legislation that impacts all HOAs fails to recognize the good ones. One size does not fit all. Based on this latest status update, it appears the charter of the Task Force commissioned by HB 23-1105 has expanded. Many of these "stories" are unsubstantiated complaints that make me question the credibility of the data that will be used to generate the final report of the Task Force and potential legislation.
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  Legislative overreach

  by lynndougherty, over 2 years ago

  The Colorado Legislature has already over regulated HOAs with the recent laws that have been enacted. Every HOA has been required to pay attorney fees just to make sure their documents comply with these new laws. The cost to our HOA was $500. Complying with these new laws could be even more costly. The homeowners end up paying these additional costs. Legislators need to realize that all HOAs are not out take advantage of their members. Our HOA Board is very cognizant of its responsibility to the homeowners. Our Board strives to be transparent and maintain open communications with all... Continue reading

  The Colorado Legislature has already over regulated HOAs with the recent laws that have been enacted. Every HOA has been required to pay attorney fees just to make sure their documents comply with these new laws. The cost to our HOA was $500. Complying with these new laws could be even more costly. The homeowners end up paying these additional costs. Legislators need to realize that all HOAs are not out take advantage of their members. Our HOA Board is very cognizant of its responsibility to the homeowners. Our Board strives to be transparent and maintain open communications with all homeowners. Our Board also strives for compliance through education of and communication with its members. It has worked very well.

  There should be a better way to punish the bad actors. Look long and hard for better solutions.
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  Small HOA strapped by HB22-1137

  by George, over 2 years ago

  Some homeowners do not pay their Dues or noncompliance fines. Our HOA assessment dues are only $25 annually. We have no common areas no maintenance performed by the HOA. 146 homeowners. Our Bylaws, Declaration of Covenants and Reasonable Governance Policy are concerned only with Compliance to the Covenants and Architectual guidelines. We have a self-governed volunteer board, monthly board meetings and a members Annual meeting. With the passing of HB13-1276 and now HB22-1137 the governing policies cannot be rewritten in a way that our HOA has any way of collecting past due assessments. Owing $25 dollars for the year the... Continue reading

  Some homeowners do not pay their Dues or noncompliance fines. Our HOA assessment dues are only $25 annually. We have no common areas no maintenance performed by the HOA. 146 homeowners. Our Bylaws, Declaration of Covenants and Reasonable Governance Policy are concerned only with Compliance to the Covenants and Architectual guidelines. We have a self-governed volunteer board, monthly board meetings and a members Annual meeting. With the passing of HB13-1276 and now HB22-1137 the governing policies cannot be rewritten in a way that our HOA has any way of collecting past due assessments. Owing $25 dollars for the year the rules are still two 30 day cure periods and a 6month payment plan. Collection agencies will not start a claim until the past due is $300. That equates to many years of delinquent payments before collecting is possible. The same with noncompliant fines which are few and far between. For us they are too small of an amount to be collected, Yet are needed in our check book to pay for the huge amount of USPS mailings that are required in the new rules for multiple and ongoing contacts with the homeowner members about dues and meetings. Is there something the board is not aware of in our situation? They have communicated this to the members, and even legal council does not have an answer. We continue to need updating to Colorado State requirements without knowing what to do.
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  HOA Members are neighbors

  by rlinquanti, over 2 years ago
  HOAs will always have abusers, and complainers. Too often, the fact that after developer turnover all HOA members are neighbors is forgotten. A person who violates published rules is annoying to neighbors who have their expectations. A person who does not pay an assessment is putting their financial burden on their neighbors To pick up that share of the costs, while benefitting from the community, the roads, the common areas, the amenities. HOAs are not deep pocket corporations. They are just the other people in the neighborhood. This is the other side of the story about abuses.

  
  

  I suggest that... Continue reading

  HOAs will always have abusers, and complainers. Too often, the fact that after developer turnover all HOA members are neighbors is forgotten. A person who violates published rules is annoying to neighbors who have their expectations. A person who does not pay an assessment is putting their financial burden on their neighbors To pick up that share of the costs, while benefitting from the community, the roads, the common areas, the amenities. HOAs are not deep pocket corporations. They are just the other people in the neighborhood. This is the other side of the story about abuses.

  
  

  I suggest that most HOAs should not self govern. And no, I do not own or work for a management company. But those companies have systems and financial safeguards, which would do much to avoid theft.
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  Two Sides to the Coin

  by Guy, over 2 years ago
  • Even though Colorado Law requires home buyers to confirm, by signature, that they have been presented with the governing documents of any HOA into which they are entering, some homeowners do not read or certainly do not remember what they read and are shocked by the constraints under which they have agreed to abide when they purchased their home. This is not a flaw in the laws that govern HOAs nor is it a flaw in the HOA concept or structure.
  • In addition to maintaining community-owned property, the HOA exists to help homeowners maintain the value of their property (that... Continue reading

  • Even though Colorado Law requires home buyers to confirm, by signature, that they have been presented with the governing documents of any HOA into which they are entering, some homeowners do not read or certainly do not remember what they read and are shocked by the constraints under which they have agreed to abide when they purchased their home. This is not a flaw in the laws that govern HOAs nor is it a flaw in the HOA concept or structure.
  • In addition to maintaining community-owned property, the HOA exists to help homeowners maintain the value of their property (that largest single asset). The HRE HOA Design Guidelines specify a number of constraints on homeowners from paint colors to fence design to the installation of playground equipment to prohibitions on industrial activities in the home, to home-owned businesses to parking of recreational vehicles to the storage of non-operating vehicles. These are aimed at maintaining a sense of harmony throughout the community – not forced indenticality. With fifty-five homes, no two are identical. This is an important part of the HOA Board’s responsibility. It is worth noting that our HOA Board has rejected fewer than one homeowner requested change or improvement per year. It is also worth noting that the HOA Board is now trying to revise the HOA governing documents to remove the more egregiously constraining guidelines which were originally drafted by the developer.
  • Some homeowners, even when they are aware of the HOA governing documents and the constraints and guidelines therein insist on acting in violation of those constraints and guidelines to which they agreed at closing on their home. HOA Boards must deal these issues. If the HOA Board does not act, it opens the door for any violation of community guidelines. Such violations can adversely affect the value of other homes in the community.
  • Colorado law makes it extremely difficult to change or amend the HOA Covenants. We require only a minor fraction of homeowners to constitute a quorum for our annual meeting, and the Board regularly has to personally invite attendance. Colorado law requires a significant majority of homeowners agree to Covenant changes. This is onerous. There are changes that need to be made to provide homeowners with options that benefit them – options that did not exist or to address issues that were not recognized in 2004. These include, but are not limited to, the acceptability of external satellite antennas smaller than a meter and fireproof return fencing (fencing that attaches to the home) to mitigate threats such as posed by the Marshall Fire.
  • The Green Valley Ranch HOA which was in the news for some reported egregious actions is almost 100 times the size to the HRE HOA. Legislation applicable to Green Valley Ranch HOA will not necessarily beneficial to the HRE HOA. One size never fits all.
  • One of the specifics called out on the Task Force website is the foreclosure policy. I suspect that one of the major issues to be reviewed will be the policy of an HOAA foreclosing on a home, selling it to pay off liens and then keeping any residual funds beyond the payment of the lien. I will observe here that Colorado governments operate under the same policy. The goose and the gander should operate within the same set of rules. If, as I believe is appropriate, an HOA is required to return to the owner all funds in excess of the lien, then all Colorado governments should also be compelled to return such funds to the owner.

  I think that the Task Force members should devote significant time and effort to considering the potential unintended consequences of any recommendations included in their reports. People do not and will not behave the way expected when legislation is passed or regulations created. They will behave in whatever manner they deem most beneficial to them.

  I understand that homeowners want to be able to do things with their property subject only to statute, but they did sign the HOA awareness documents at closing – they knew or should have known, and the other homeowners in the community should not be adversely affected because one homeowner wants to paint their house in a neon purple paisley motif and install a satanic altar in their front yard (yes, that's hyperbole).