HOA Homeowners' Rights Task Force

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  Harrassment

  by rightisright, over 2 years ago
  As a former board member i am harassed by current board members who have sent me 4 violation for which there are no rules. The do not quote a rule when sending a violation notice. My landscaping that I have personally planted and maintained has been destroyed at the direction of a board member. Some shrubs were 19 years old that I have watered, fertilized and maintained at my own expense. They were beautiful shrubs and improved and accentuated the whole community. The board and the Property Manager refuse to respond to homeowners emails or questions. This is a put... Continue reading

  As a former board member i am harassed by current board members who have sent me 4 violation for which there are no rules. The do not quote a rule when sending a violation notice. My landscaping that I have personally planted and maintained has been destroyed at the direction of a board member. Some shrubs were 19 years old that I have watered, fertilized and maintained at my own expense. They were beautiful shrubs and improved and accentuated the whole community. The board and the Property Manager refuse to respond to homeowners emails or questions. This is a put up and shut up board because we don't care what you want, we will do whatever we want.

  DORA is a huge disappointment, they cannot do anything. There is no one to complain to because DORA has no authority whatsoever. What is the point of having Regulatory Agency that can't regulate.
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  Unauthorized reserve fund transfers

  by JGB, over 2 years ago
  HOA President has moved funds from Reserve to Operating Account on multiple occasions, totaling approximately $97,000 without board vote or approval, or written notification to the community, allegedly to pay operating overages. The transfer totals were mostly in even dollar amounts (3 out of 4 transfers) & were for a time listed on the balance sheet as “due to reserves” until the board later on voted to eliminate that line item from the balance sheet, wiping out $73,000 from reserves

  HOA President has moved funds from Reserve to Operating Account on multiple occasions, totaling approximately $97,000 without board vote or approval, or written notification to the community, allegedly to pay operating overages. The transfer totals were mostly in even dollar amounts (3 out of 4 transfers) & were for a time listed on the balance sheet as “due to reserves” until the board later on voted to eliminate that line item from the balance sheet, wiping out $73,000 from reserves
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  Issues with CCIOA Loopholes and Lack of Structure

  by dsptchs, over 2 years ago

  We reviewed the governing documents of our HOA before closing on our home, and everything seemed straightforward and reasonable. The presence of an HOA wasn't something we cared about either way; we did not seek one out, but we didn't have a choice, either. While we've never had issues with violations, and our HOA's monthly dues are incredibly low, we've found the Board is filled with people who do not treat our neighbors with kindness or care. The Board members tout the myth that "HOAs protect property values" as an excuse to prioritize property over people, and it has resulted... Continue reading

  We reviewed the governing documents of our HOA before closing on our home, and everything seemed straightforward and reasonable. The presence of an HOA wasn't something we cared about either way; we did not seek one out, but we didn't have a choice, either. While we've never had issues with violations, and our HOA's monthly dues are incredibly low, we've found the Board is filled with people who do not treat our neighbors with kindness or care. The Board members tout the myth that "HOAs protect property values" as an excuse to prioritize property over people, and it has resulted in some truly vicious and authoritarian behavior. I have a constant background anxiety that someone on the Board will suddenly decide they don't like something about our home, or that Board member misconduct will create legal consequences resulting in fines passed onto homeowners as "special assessments".

  
  

  My HOA is exempt from the majority of the CCIOA due to an allowance for small/limited expense communities. Our Board absolutely abuses that exemption and it's clear some of the Board members think this means NO laws apply to them at all. (Note: C.R.S. 38-33.3-116 and 38-33.3-119 grant an exception for Limited Expense Communities, making them exempt from all the statutory requirements in CCIOA, except for Colorado Revised Statutes 38-33.3-105 to 107.) This exemption means most of Colorado's newer legislation attempting to protect homeowner rights does not apply to us. In order for any new legislation to apply to my HOA, it needs to be amended specifically into C.R.S. 38-33.3-105 to 107, and I hope the task force can emphasize this point - or even suggest repealing the exemptions in C.R.S. 38-33.3-116 and C.R.S. 38-33.3-119 entirely - in the report it presents to the general assembly and governor's office.

  
  

  Limiting HOA authority to shared/common assets only would protect homeowners while allowing communities to retain their autonomy over their communal resources. I hope that, in addition to suggesting restricted HOA authority, the Homeowners' Rights Taskforce can further propose to legislators the creation of increased regulatory structures to help the Boards of HOAs function reasonably and fairly. Board members are volunteers who need to be trained and onboarded just like one would be at any other job. There needs to be some sort of accountability and consequence for HOAs that abuse their power and overstep. Providing the HOA Center with the ability to receive complaints, investigate those complaints, and to have the regulatory authority to issue fines or other consequences for unreasonable conduct would help reign in Board members who are ill-equipped to manage the responsibilities granted to them.

  
  

  Homeownership is increasingly difficult to achieve in Colorado and I hope the state will step into the responsibility of ensuring HOAs are not creating even more hurdles between its constituents and increasingly scarce housing security.
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  A little help here!e

  by Intentionally_Blank, over 2 years ago
  I became a Board member of my HOA to advocate for the best interest of all owners. Our HOA has a checkered history including theft from a Board member's partner and preferential treatment and services for select Board members.

  Several events transpired at our Annual Membership meeting. in July. Our Board consisting of one person increased to six, our property manager terminated services and we had a massive hail damage claim to move forward.

  One of the owners called a meeting to order by looking at a new resident from his building and said " I'm not here to pick... Continue reading

  I became a Board member of my HOA to advocate for the best interest of all owners. Our HOA has a checkered history including theft from a Board member's partner and preferential treatment and services for select Board members.

  Several events transpired at our Annual Membership meeting. in July. Our Board consisting of one person increased to six, our property manager terminated services and we had a massive hail damage claim to move forward.

  One of the owners called a meeting to order by looking at a new resident from his building and said " I'm not here to pick up on your wife or anything" Next, he introduced a contractor who presented a proposal to fix our roofs, paint and repair siding. Our HOA insurance policy has hail damage deductible in the amount of $12,500 due from each owner. Our next Board meeting I spoke up about the proposal we received to fix the roofs. I objected to a line item in the proposal indicating cost for interior work is attributable to the property manager. The interior work was only for one owner"s building, there is no cap or estimate of cost and we no longer had a property manager. I emphasized the interior work is the owners responsibility and questioned the the damages because my building, has similar leaks. I told the Board member that I have receipts from all the drywall supplies I used to repair my water damage over the past several years and I could submit them for reimbursement. He said No.

  I suggested we have 3 -4 contractors present proposals and as a board vote on the best one.to

  A second contractor presented a proposal and no real specifics about the work to be done or how depreciation was determined. Not having time to read this proposal I motioned the take the proposal home and vote after we had a discussion at our next meeting. A minute after the meeting in the hallway the the Secretary calls for a vote on the proposal and everyone including me raised their hand. I raised my hand in objection to the vote, and was counted as a vote for the proposal.

  It turned out that our HOA did not have the down payment to accept the proposal but the contractor lowered the down payment. Before the next meeting I prepared a list of points to discuss from the proposal at the next meeting. I was told we don't have time. I asked the Board member if the new proposal will be reflected in the adjuster's report, to which he said yes . I did not get to speak about the proposal and asked about the other contractors estimates to which I learned was No. A second vote on this proposal was called, I raised my hand in objection and was counted as a vote for.

  I have still not received the final numbers from the last proposal that I need to send my insurance company for HO6 coverage.

  In fact I was not allowed to read the 2nd proposal final copy nor do I have one

  Works about to begin and I've just learned learned the new contract which I never got to see until after the voting states it uses the same numbers from the first adjusters report.

  I look to the new contractor's contract that stipulates 2 pages of fine print rules that could be applied to charge to owner during work. No guarantee that costs won't exceed the deductible.Any objections need to be filed in a different county court than our property.

  I am the only member on the Board who doesn't have some have some questionable expense be paid by the Board. Sewer repairs for one member, interior work for another that should not have been paid. I expected to be part of a Board making good decision and instead Im now under the control of a contractor who made it clear the customer is responsible for the terms in the contract.instead of details about the work to be done, I have two pages of ways I can be fined or penalized. The HOA laws passed to protect a Homeowners have been skirted.

  Despite new laws affording more protection and the right to cure before a penalty I'm subjected to system I have no legal protection

  If I object to some frivolous fine or penalty from a contractor I could try to take a case to the county the work is done and the contractor says nope contract says our county. I go to the contractors specified county and they ask where the complaint occured and that's where I'm told file. The good intention of new legislation can't even be evaluated when a law firm advises how to avoid it altogether.

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  
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  HOA are necessary but need to include the community

  by Jessckramer, over 2 years ago

  I live in a townhome community in south east Aurora. I recognize the necessity of an HOA in my case as the outside of the town homes must be taken care of and a lot of that area is community area. My issue is with the HOA being slightly underhanded to ensure that the screen is pulled over residents eyes and mismanagement of HOA funds.

  
  

  My husband and I moved into our community in 2020. Upon moving in, we found out that the HOA has not been putting funds away properly and as a result, the roofs that the HOA... Continue reading

  I live in a townhome community in south east Aurora. I recognize the necessity of an HOA in my case as the outside of the town homes must be taken care of and a lot of that area is community area. My issue is with the HOA being slightly underhanded to ensure that the screen is pulled over residents eyes and mismanagement of HOA funds.

  
  

  My husband and I moved into our community in 2020. Upon moving in, we found out that the HOA has not been putting funds away properly and as a result, the roofs that the HOA was supposed to maintain and care for, could not be maintained by the HOA. This fell to the homeowners to then make a claim against their personal homeowners insurance in order to replace the roofs. This was a non negotiable. We were required by the HOA to make that claim, despite the fact that the covenants state that the roof is the HOA's responsibility.

  Then there is the issue of snow removal. I have photos of the snow from last year. We were unable to safely leave our cul-de-sac on foot due to the amount of snow and ice that had caked all walking surfaces not maintained by the homeowners. We brought this to the HOA's attention. We were told that because the sidewalks appeared clear from the outside of the community, it was fine. The HOA never came into the cul-des-sac or the interior of the community to verify the complaint. We ended up doing it ourselves despite having to continue to pay for snow removal.

  We put in an ARC request for our deck. The paperwork we submitted stated that we would hear back with in 30days of the request. It took almost 60 days to hear back from the HOA and even then we received a letter that had a list of items we really didn't understand that they wanted clarification on. We decided to abandon the project in the mean time because it was almost September by the time we heard back and we couldn't see being able to finish the project safely within the 60 days we specific. On top of that, we think the HOA came by to take photos of our deck but we were never told if it was them. We had a woman show up around 1800 on a weeknight evening. She snapped several pictures and literally ran away. We are assuming it was the HOA, however, our requests were ignored when we asked if it was someone from the HOA. We would have loved to meet the individual and answer any questions she had. To this day, no complaints have been filed against us so we can only assume it was the HOA taking photos.

  That brings us to a recent event in which the HOA decided that all homeowners would have to carry an H03 or H05 policy, meaning that the HOA would no longer cover any portion of the insurance. My husband and I were fine with this since this was affecting all homeowners, meaning that everyone was in the same boat. However, repeated requests to see about a decrease in HOA fees have been shrouded in secrecy and round about comments. The removal of the insurance policy held by the HOA yielded a 25% decrease in needs for the budget. By their own account they current have $250,000 to $ 500,000 in reserves. With such great numbers, you would think that they would reduce the HOA fees. After the last board meeting, it sounds like they are considering an increase in fees despite the fact that they have reduced their overall costs. We also found out that the HOA fees are covering redundant services. For example, the HOA is currently paying a company to come out and take care of the dog stations in addition to paying the landscapers to do the same tasks. This feels like a mismanagement of everyone's money. And that is just one example.

  HOA meetings are held monthly, however, incorrect Zoom ID's are sent out so you cannot attend the meetings. Comments and questions are glazed over during meetings. The most recent meeting we were met with laughter from board members about an "insurance faux pas" that cost the community money. What worries me that is budget increases are voted on by the community. 50% of the community has to be present in order to vote, otherwise HOA fees automatically increase. If the wrong Zoom ID is sent out, that bars people from voting, there by silencing their voice.

  In terms of communications, we are currently being blocked from sending e-mails to the HOA. They are returned as undeliverable. We have received frantic emails, in one case notifying us of a bear in the neighborhood when the bear was actually 45 minutes away by car and then received a snarky email, not apologizing for the miscommunication but rather shifting the blame. It can sometimes take the HOA up to 60 days to answer basic emails such as about trash removal. I am currently paying $312 in HOA fees monthly. I realize that my story isn't nearly as horrible as some, however, the HOA I live with is a mess and needs to be better regulated.

  
  

  Update:

  We went to the most recent HOA meeting in person. We watched as the HOA actually began gaslighting residents about questions. For example, one resident asked about missing meeting minutes since he is unable to attend meetings due to his work schedule. The HOA explained that they were there, he just wasn't looking. My husband and I quickly explained to the neighbor that we had contacted the HOA with the same question and never received a response. Turns out that they had posted the meeting minutes several months after the meetings were held, just days before the in person meeting. They refused to acknowledge the e-mails we sent and made it seem like we were crazy. Furthermore, we found out that the new insurance requirements were not mandatory and cannot be enforced if the house is paid for. This means that, in our townhouse community, we could be living next to people who have no HO3 or HO5 coverage, meaning that we could be in a lot of hurt if something happens. Our super lovely treasurer then laughed and told everyone that the price of the insurance coverage only affected those who had paid off their homes, otherwise the cost was added to the mortgage which doesn't affect anyone apparently in that case. My husband and I are now paying close to an additional $1000 monthly because of the HOA fees and the insurance increase, but of course, it doesn't affect us according to the HOA.

  
  

  I really think the task force needs to start looking closer at these HOA's. At what point are HOA's held accountable for their inability to manage the most basic things. I have e-mails in which the HOA informed the community that they were working with the task force to ensure that their interests were being upheld....not the interests of the residents but the interests of the HOA. If that is the case, it only strengthens the abuse of power by HOA's. Something needs to be done.
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  Testify before the HOA Rights Task Force

  by johncdean, over 2 years ago

  2023-09-18

  
  

  Task Force Members:

  I would like to testify before the Task Force on the basis of the white paper included below.

  Rgds, JCD

  
  

  White Paper:

  
  

  Re:Home Owners Association Lifecycle Framework

  
  

  HomeOwners Associations have a 3 stage Lifecycle that may be generallydescribed as:

  
  

  Stage1: Developer

  
  

  Stage2: Transition

  
  

  Stage3: Maturity

  
  

  DeveloperStage 1: The developer has total ownership interest (subject ofcourse to financing and similar encumbrances) in undeveloped realestate. The developer has a plan that they wish to implement on thereal estate. To execute on that plan, the developer must have theability to set the terms and conditions of what will be... Continue reading

  2023-09-18

  
  

  Task Force Members:

  I would like to testify before the Task Force on the basis of the white paper included below.

  Rgds, JCD

  
  

  White Paper:

  
  

  Re:Home Owners Association Lifecycle Framework

  
  

  HomeOwners Associations have a 3 stage Lifecycle that may be generallydescribed as:

  
  

  Stage1: Developer

  
  

  Stage2: Transition

  
  

  Stage3: Maturity

  
  

  DeveloperStage 1: The developer has total ownership interest (subject ofcourse to financing and similar encumbrances) in undeveloped realestate. The developer has a plan that they wish to implement on thereal estate. To execute on that plan, the developer must have theability to set the terms and conditions of what will be developed.Typically these terms and conditions specify who is allowed to buildon the property and the scope and aesthetics of what may be built onthe property. These terms and conditions are determined solely by thedeveloper and are incorporated into the HOA documents. The Developercreates and controls the HOA Board and Documents. The purchaserdetermines if the HOA Documents are acceptable before the purchase isfinalized.

  
  

  TransitionStage 2: At this point, the developer has sold the majority of thedeveloped properties. Now the control of the HOA Board and HOAdocuments shifts to the purchasers of the developed property. Duringthis transition, any remaining undeveloped properties are developedand sold However, unlike the Developer, this transitional HOA Boardhas no financial interest in the properties being sold and should belimited to maintaining community property and ensuring that the finalundeveloped lots are developed under restrictions compatible withthe original HOA Documents.

  
  

  MaturityStage 3: This is the final stage in the HOA Lifecycle. Thedevelopment is complete. The only financial interests in thedevelopment are the interests of the individual property owners. Thedeveloper is gone. The HOA Board has no financial interest in thedevelopment. The HOA Board and Documents should be focused strictlyon the maintenance of any community property (parks, out-lots and thelike). Individual properties must comply with the local governmentalregulations but should not be subject to any interference from theHOA Board or Documents. At this stage all the rights of ownership arevested with the property owner.

  
  

  SuggestedModel Legal Structure:

  
  

  AutomaticRemoval of Restrictions and Prohibition Against Adding NewRestrictions

  
  

  Arestriction is anything that requires the property owner to use, notuse, construct or maintain their property in a specific way.Requiring a specific building size, building style, building use,building color, building placement or easements would be example ofrestrictions.

  
  

  Oncethe property is sold by the Developer to a Purchaser, no furtherrestrictions may be placed on the property sold. This will preventanyone from encumbering a property beyond how it was encumbered atthe time the purchase was made.

  
  

  Ifby pattern and practice a restriction is not uniformly enforced, itis considered dropped.

  
  

  After10 years all restrictions related to individual property areconsidered dropped. Restrictions and dues related to communityproperty continue.

  
  

  Ifa restriction is invalidated by any State or Local statute or finaldetermination by a court, it is considered dropped

  
  

  Oncea restriction is dropped it is considered removed from any Documentsit may not be reinstated. If the HOA Board tries to enforce arestriction that a property owner is able to show has been dropped,the property owner's costs including legal fees shall be paid by theHOA Board.

  
  

  Dues,Liens, Fines and Penalties

  
  

  Theonly property lien that is allowed is for unpaid HOA dues. The lienmay not be foreclosed upon and may only be collected when theproperty is sold or transferred to another party. Interest (at 10%compounded annually) and lien costs would be part of the allowabledues lien amount.

  
  

  TheHOA Board has no authority to level fines or penalties. Codeviolations or similar issues should be referred to the localgovernment authorities.

  
  

  PropertyOwners Voting Rights

  
  

  Anysignificant action of the HOA Board including changes to theDocuments or rules enforcing those Documents must first be approvedat the annual in person public meeting by 2/3 of the total number ofhomeowners present at the meeting for submission to all of theproperty owners. The action must then be approved by 2/3 of theproperty owners within the 60 days following the annual meeting(where the submission was approved) or it fails. These voting rightsmay not be removed, reduced or modified.

  
  

  HOABoard and Committee Removal

  
  

  TheHOA Board (and any HOA Committees) may be removed at any annual, inperson meeting, by a vote of 25% +1 of the property owners present orrepresented at any meeting.

  
  

  TheHOA Board (any any HOA Committees) may be removed by a petition forremoval endorsed by 15% +1 of the property owners.

  
  

  PublicPolicy

  
  

  Itis against public policy to restrict property use for a long periodof time (rule against perpetuities) or to enforce ownership orrestrictions when pattern and practice clearly indicate therestriction/ownership has lapsed (adverse possession).

  
  

  Itis against public policy to take the use of property without justcompensation (lack of consideration), and any additional restrictionsimposed after the property is sold by the Developer is a taking whichlacks consideration.

  
  

  Asa matter of public policy, the judgment of the property owner whichhas a direct financial interest and incentive should supersede thejudgement of the HOA Board which has no direct financial interest orfinancial risk.

  
  

  Asa matter of public policy, if the HOA Board through inappropriateaction or inaction negatively impacts the property owners propertyvalue, that loss in value including costs and attorneys fees shouldbe paid by the HOA Board.

  
  

  Asa matter of public policy, all property rights should vest with theproperty owner after 10 years. After 10 years, only communityproperty should be managed and maintained by the HOA Board.

  
  
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  Protect H.O.A. Board Members

  by Robert Racansky, over 2 years ago
  

  However arbitrary HOA rules may seem, they are tough to change, and boards need to enforce them or risk becoming the subject of lawsuits from other homeowners.

  - Sarah Holder. "When the Homeowners Association Comes for Your Home". Bloomberg. September 14, 2023.

  There is a ridiculously simple way to protect H.O.A. board members from charges of non-enforcement or selective enforcement of restrictive covenants.

  • Neuter the authority and power of H.O.A. corporations; limiting them to that which is only necessary to manage and maintain their → common ← property.
  • Make it illegal for an H.O.A. corporation to make... Continue reading

  However arbitrary HOA rules may seem, they are tough to change, and boards need to enforce them or risk becoming the subject of lawsuits from other homeowners.

  - Sarah Holder. "When the Homeowners Association Comes for Your Home". Bloomberg. September 14, 2023.

  There is a ridiculously simple way to protect H.O.A. board members from charges of non-enforcement or selective enforcement of restrictive covenants.

  • Neuter the authority and power of H.O.A. corporations; limiting them to that which is only necessary to manage and maintain their → common ← property.
  • Make it illegal for an H.O.A. corporation to make and enforce rules on a homeowners own → private ← property; regardless of what is written in the governing documents of the H.O.A.

  Rather than repeat myself, please see my earlier comment -- "re 'Breach of Fiduciary Duty & Breach of Covenants'" (Sept. 15, 2023) - for more details; including an answer to the most common objection to this policy proposal.

  
  
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  Good article

  by Paige, over 2 years ago

  In the Denver Gazette: https://denvergazette.com/opinion/columns/column-respect-your-local-hoa-board-members-mike-rosen/article_a8acf949-50dd-5e4a-8b7b-dd56acca7010.html

  In the Denver Gazette: https://denvergazette.com/opinion/columns/column-respect-your-local-hoa-board-members-mike-rosen/article_a8acf949-50dd-5e4a-8b7b-dd56acca7010.html
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  re "Breach of Fiduciary Duty & Breach of Covenants"

  by Robert Racansky, over 2 years ago
  

  Even with HB-1137, it is easier to focus on Violations on individual property than take care of the Common Areas. Many violations are hypocritical when comparing the condition of Common Areas. That and the ACC requirements that seem mostly un-necessary; i.e.-paint, roof & fence replacements. We have no ‘tract type’ homes-all very individual lots and diverse buildings/lots etc.-which some of us like.

  - GCE, "Breach of Fiduciary Duty & Breach of Covenants", September 14 2023

  The solution to this problem is ridiculously simple. But nobody in the state legislature has the courage, vision, nor political will to do... Continue reading

  Even with HB-1137, it is easier to focus on Violations on individual property than take care of the Common Areas. Many violations are hypocritical when comparing the condition of Common Areas. That and the ACC requirements that seem mostly un-necessary; i.e.-paint, roof & fence replacements. We have no ‘tract type’ homes-all very individual lots and diverse buildings/lots etc.-which some of us like.

  - GCE, "Breach of Fiduciary Duty & Breach of Covenants", September 14 2023

  The solution to this problem is ridiculously simple. But nobody in the state legislature has the courage, vision, nor political will to do it.

  • Neuter the authority and power of H.O.A. corporations; limiting them to that which is only necessary to manage and maintain their → common ← property.
  • Make it illegal for an H.O.A. corporation to make and enforce rules on a homeowners own → private ← property; regardless of what is written in the governing documents of the H.O.A.

  I have already written a draft of a bill to do just that, which you can read on Substack by clicking → here ← , as part of the "A Man's Home Is His Castle Colorado Homeowner's Protection Act".

  The common objection to this policy proposal is that the neighborhood rules need to be enforced.

  Maybe, or maybe not. But guess what?

  Restrictive covenants are one thing, and H.O.A.s are another. In order to enforce a neighborhood's restrictive covenants, it is not necessary to have an H.O.A.

  As "texan99" put it better than I ever could way back in 2010, 13 years ago (emphasis added):

  I do understand your point about keeping up the deed restrictions, but careful, because you may be falling into a common error. Restrictive covenants are one thing, and HOAs are another. In order to enforce a neighborhood's restrictive covenants, it is NOT necessary to have an HOA. It is true that having a HOA can make it easier to enforce the covenants, in several ways. For one thing, you don't need to find a homeowner to be a plaintiff, although any homeowner will do and it shouldn't be that hard to find one if anyone's really interested. For another, if you have an HOA, you can bill all the neighbors and force them to help pay for the lawsuit. For another, you can enforce the collection of this bill with a lien against everyone's house. Finally, if the HOA wins the dispute with the homeowner whose grass is too high, or whatever (and the HOA always wins, because the rules and vague and discretionary and totally in its favor), the HOA has a lien against the homeowner for the penalties and legal expenses. As in, $700 for the pain and suffering caused by the too-high grass, and $15,000 for the lawyers.

  The question is whether all this is a good trade-off. Without the HOA, the neighbors have deed restrictions and any one of them (or group of them) can sue if someone violates the restrictions. The concerned neighbors will have to pass the hat to pay for the lawsuit, so they probably won't sue if it's not pretty important. They can always coordinate all this through a civic club, which probably will be funded by voluntary contributions, which are a pain to collect – but all these factors make it likely the lawsuits won't get out of control and people won't be losing their homes to foreclosure over silly disputes. Oil stains on the driveway, flagpole too tall, mailbox in non-approved location, shrubbery not up to snuff, miniblinds in front windows not approved shade of ecru – and I'm NOT making those up, they are from real court cases.

  My 50-year-old non-HOA neighborhood in Harris County had mild deed restrictions. The place didn't look like a manicured showplace with totally coordinated everything, but we kept the major problems under control. No management company, no law firm, no out-of-control Inspectors General on the board, no foreclosures, and no bitter divisions among neighbors. Every few years someone tried to convert the neighborhood to an HOA, but they always got voted down after a public campaign. It takes healthy local grassroots political involvement, which has the added advantage of strengthening the community for other purposes.

  But our lawmakers will never allow that will never happen here, because the State of Colorado has been hell-bent on replacing "community" with "corporation" for the past 30+ years, and has no intention of reversing this cancerous infusion of corporate culture and governance into our domestic lives.

  
  
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  Breach of Fiduciary Duty & Breach of Covenants

  by GCE, over 2 years ago

  Out HOA is older-built in the late 70’s (Fort Collins) and we were Larimer County until the 2015 City Annexation. Overall, our HOA has been relatively good about transparency of HOA documents, meetings etc. What they fail at miserably is landscape maintenance. The primary purpose of our Assessments is maintenance of Common Areas. We only have landscaping, and a few structures-fences and asphalt trails. No building type maintenance.

  Legally, there should be ‘good faith’ and ‘equitable maintenance’ of all Common Areas but this is not the case here. We literally have a North (124 homes) vs South side (129 homes)... Continue reading

  Out HOA is older-built in the late 70’s (Fort Collins) and we were Larimer County until the 2015 City Annexation. Overall, our HOA has been relatively good about transparency of HOA documents, meetings etc. What they fail at miserably is landscape maintenance. The primary purpose of our Assessments is maintenance of Common Areas. We only have landscaping, and a few structures-fences and asphalt trails. No building type maintenance.

  Legally, there should be ‘good faith’ and ‘equitable maintenance’ of all Common Areas but this is not the case here. We literally have a North (124 homes) vs South side (129 homes) with major discrimination between the two. The South side homeowners are deemed ‘less than’ and treated as such. Our dues & reserves are sufficient to properly maintain all the Common Areas but the greenbelts on the South side are not due to: 1/not in the public view; 2/ just a bunch of renters; and 3/ we’re not spending money on ‘those’ people. Meanwhile they fully maintained private property for 28+ years instead. Legal action did stop the private property maintenance. We could literally pay a portion of our dues to have the City of Fort Collins do the landscape maintenance where ALL areas are treated the same-no discrimination.

  Even with HB-1137, it is easier to focus on Violations on individual property than take care of the Common Areas. Many violations are hypocritical when comparing the condition of Common Areas. That and the ACC requirements that seem mostly un-necessary; i.e.-paint, roof & fence replacements. We have no ‘tract type’ homes-all very individual lots and diverse buildings/lots etc.-which some of us like.

  HOA’s are a microcosm of our society with much finger pointing and criticism of others with minimal caring & compassion that most folks are doing the best they can with the resources they have. HOA History being that they began in preventing non-white, non-Protestant people from moving into certain neighborhoods. The Fair Housing Act of 1968 stopped that but the overall sentiment of judging others still prevails. There is still a bit of NIMBY against some people moving in/living in by some homeowners.

  The theory of having Communities govern themselves makes sense on paper. The Reality of what actually happens is pretty much the opposite. Often the BODs prefer bossing people around wanting things their way. Most homeowners are apathetic until an issue affects them personally. Legal recourse is expensive and ineffective-IF you can find legal counsel willing to take on the political/emotional challenge. Our HOA is known to ignore Attorneys if they don't agree.

  Without ‘teeth’ any legal action or state bills are useless. I think HB-1137 is a good step forward. So many violations are petty & cruel. They are an easy justification for dues spent instead of doing proper and equitable maintenance of Common Areas for ALL residents to enjoy.

  Should DORA be funded & staffed to take this on? Maybe not. Counties may be a better option to fund & staff as they are closer to the Communities they would serve. Create mediation centers with impartial Attorneys as mediators that have legally binding results and real consequences of not abiding by the decisions. Maybe funding through county tax dollars…and fines for negligent HOA’s?

  It's easy to say don’t move into an HOA, but that can be virtually impossible in Colorado. Plus, they change over time with different BOD’s, management companies, homeowners and changing economy & political attitudes. Homeowners should not have to be on the BODs to be treated fairly & equitably. Thank you for listening.