HOA Homeowners' Rights Task Force

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  Water Intrusion and Repairs

  by hoafails, over 2 years ago

  I have had water intrusion since moving in in 2015 in the Highlands at Stonegate North. Shortly after moving in there was a hostile takeover of my board and this resulted in a new board and new management company, M&M Property Management. While the old management was trying to solve the water intrusion issues, the new board and management company have completely ignored the issue despite structural engineering reports saying that there were visible holes in the roof around all the piping, foundation issues, siding issues, decking issues, grading issues and more causing the water intrusion. They ignored records requests... Continue reading

  I have had water intrusion since moving in in 2015 in the Highlands at Stonegate North. Shortly after moving in there was a hostile takeover of my board and this resulted in a new board and new management company, M&M Property Management. While the old management was trying to solve the water intrusion issues, the new board and management company have completely ignored the issue despite structural engineering reports saying that there were visible holes in the roof around all the piping, foundation issues, siding issues, decking issues, grading issues and more causing the water intrusion. They ignored records requests on the building and legal demand letters to solve the issues stating that they would get to it when they felt like it. Since then I have filed suit. Their argument is now that they fixed the roof two years ago, ignoring all damage caused by the previous roof throughout the home. They were forced to acknowledge with the rains this summer that there are foundational issues after their engineers witnessed water dripping from the ceiling and the floor soaked in the basement. There has been no water remediation beyond blowers for a few days. They also admitted that there were over two dozen townhomes experiencing this issue and that there were construction defects they were aware of. They demolished the basement bedroom exposing holes in the decking above the ceiling and destroyed the siding on the house sealing it with masking tape and plastic wrap that ripped the first storm we had after leading to additional damages in the basement bedroom. There is significant mold down there at this point as well as in the utility closet that houses the ventilation system. The room has been unusable for six months at this point making it impossible for my daughter to come home from college. They have also failed to put a furnace cap on the roof resulting in further water damage to my furnace making it unsafe. Currently I am experiencing mold toxicity and it is affecting my health, yet they continue to stall the court case ignoring not only me, but every other neighbor who has also had water intrusion issues. They tell each homeowner that it is the responsibility of their individual homeowners insurance despite being aware that the damage is caused by their negligence. They also have lied about the amount of insurance they have and the deductible and who is responsible for it. They claim poverty on the HOA budget. They have had to admit bad faith in my case because of this. They have been told that they failed to seal the basement bedroom and it is unhealthy living here, yet continue to stall and push back court. It is now scheduled for court in March of 2024 and I live in a home filled with mold that has been tested twice at dangerous levels and a furnace that is filled with dangerous mold and is rusted out. I tried every avenue to get these issues resolved before filing the lawsuit and at this point have spent nearly $100,000 in legal fees and testing that I did not have to make them fix these problems. My house is unsellable and I cannot rent it or afford another home while paying for this one. There is no recourse other than a lawsuit and they use my own money to fight fixing the issues that have been proven over and over again are caused by their lack of maintenance of the common areas and construction defects. They actually took a settlement from the builder over these issues without ever fixing the problems. They also fail to handle shoveling snow, basic landscaping and other maintenance and there is no recourse for the owners here at Highlands at Stonegate North other than filing with the courts. Currently to my knowledge, I am the only owner with a lawsuit, but I know my neighbors are exploring their options with a class action lawsuit due to these issues.
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  HOA's don't have to comply with the ADA

  by CShockr, over 2 years ago

  In our HOA community, (Windsor Gardens), our HOA board states that they do not have to provide handicapped access to our outdoor pool as it was grandfathered since it was built in 1963, and they do not have to provide handicapped access to our indoor pool because access to that pool is for "Residents Only". Handicapped residents still have to pay full HOA fees for areas they do not have the ability to access and our HOA refuses to

  1. Allow handicapped residents to purchase a portable pool lift out of their own funds to provide handicapped access to our... Continue reading

  In our HOA community, (Windsor Gardens), our HOA board states that they do not have to provide handicapped access to our outdoor pool as it was grandfathered since it was built in 1963, and they do not have to provide handicapped access to our indoor pool because access to that pool is for "Residents Only". Handicapped residents still have to pay full HOA fees for areas they do not have the ability to access and our HOA refuses to

  1. Allow handicapped residents to purchase a portable pool lift out of their own funds to provide handicapped access to our outdoor pool as it will effect our pool's grandfathered status and that the pool would have to be brought up to current code. This pool allows guests to swim in the pool for a fee and grandchildren to swim with their grandparents, which would exempt this pool as a "resident only" area not subject to ADA requirements.

  2. Allow handicapped residents to purchase a portable pool lift out of their own funds because the HOA does not have to comply with the ADA regulations in areas that are "Resident Only".

  We are a 55+ community and many of our residents have secured FHA loans to purchase their condos. Also, the association has had 30 years in which to upgrade the pools to comply with 1991 standards (as required by the 2010 reauthorization of the ADA) and nothing has been renovated in 30 years for fear of losing "grandfathered" status on the outdoor pool and not having to comply with the ADA on the indoor pool.

  
  

  My question to the task force is how long do we allow HOA's to deny access to common areas and assets that residents pay for, but cannot use because of these loopholes granted to HOA's. Discrimination on the basis of disability should be illegal for HOA's which have had over 30 years to mitigate access problems.

  And they are violating their own policies

  https://drive.google.com/file/d/1GY1nYnxXnmc2YRG8oZkGSqKuecYeXJUE/view?usp=drivesdk
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  Taxation Without Representation

  by rwhite3572, over 2 years ago
  I support HOAs. I've seen the difference between communities that have them and those that don't. Those that do generally enjoy better marketability due to better maintenance. What I don't support is taxation without representation. Our HOA resides within a greater covenant community created by the Northgate Business Owners Association (NGBOA). Again, I support the concept. They charge an annual assessment to maintain the common areas along Voyager and Middle Creek Parkways in northern Colorado Springs. Costs are split 75-25 between businesses and residents. Since 2004, however, residential bills have doubled while the number of residents has more than quadrupled... Continue reading

  I support HOAs. I've seen the difference between communities that have them and those that don't. Those that do generally enjoy better marketability due to better maintenance. What I don't support is taxation without representation. Our HOA resides within a greater covenant community created by the Northgate Business Owners Association (NGBOA). Again, I support the concept. They charge an annual assessment to maintain the common areas along Voyager and Middle Creek Parkways in northern Colorado Springs. Costs are split 75-25 between businesses and residents. Since 2004, however, residential bills have doubled while the number of residents has more than quadrupled. How can this be? I don't know. Where does the money go? I don't know. What am I paying for? I don't know and I can't know because residents have no rights under the NGBOA charter. They have taken advantage of a loophole in Colorado law to impose taxation without representation. I wouldn't mind so much except I learned recently that not all residents are being charged assessments. Some are paying more for benefits presumably shared by all. How can this be? Taxation without representation. In March we sent a letter to NGBOA asking to be removed from the charter since our community is not directly adjacent to Voyager or Middle Creek Parkways and doesn't directly benefit from whatever they're doing. The NGBOA denied our request in August. This was after we wrote to our State representatives in July. To date they have not replied, nor did they answer in August when we sent a follow-up email. Our HOA wants to be released from this egregious and totally un-American situation. At the very least we want the loophole in Colorado law to be fixed so we can be represented. Since my State representatives are unresponsive, this is a plea to this organization to help us escape taxation without representation here in Colorado.

  
  

  Rick White

  2023 President

  Deer Creek at Northgate

  Colorado Springs, CO

  
  
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  HOA flooded my basement and won't pay for repairs

  by Mike I, over 2 years ago

  So, I live in a condo association, where there are about 25% townhouses, and half of those have basements. I am one of them. Came home from work one day 6-7 weeks ago, went into the basement, and there is an inch + of water in there. Called my insurance agent, he got a water extraction company out to us quickly. Spent the next 2 days removing all personal items from the basement and into the garage. We also started immediately attempting to figure out where the water was coming from:

  1. Sewer backup from full bath in basement...nope, plumber... Continue reading

  So, I live in a condo association, where there are about 25% townhouses, and half of those have basements. I am one of them. Came home from work one day 6-7 weeks ago, went into the basement, and there is an inch + of water in there. Called my insurance agent, he got a water extraction company out to us quickly. Spent the next 2 days removing all personal items from the basement and into the garage. We also started immediately attempting to figure out where the water was coming from:

  1. Sewer backup from full bath in basement...nope, plumber verified, plus the water seemed clean and had no smell.

  2. Plumbing leak...turned off main water valve for 24 hours, nope, water still coming in.

  3. Property manager thinks it is from "all the rain and the water table"...but it hadn't rained at all in over a week and there was no issue when it was raining.

  4. Neighbor behind my unit says he and another neighbor could hear water running inside the retaining wall 20 yards up a small hill from my unit.

  Call the Property manager, tell them there is a broken irrigation line. They send someone out to fix this, and now there is NO more water coming in and my sump pump is no longer running 24/7! My homeowners insurance won't cover outside water intrusion into the home unless you have flood insurance. When I ask for my costs for repair to be covered by the HOA, I'm told they don't cover inside damages, that this is on the homeowner...and when I say they should submit an insurance claim for it I am told that the homeowner is liable for their $50K deductible??!!

  I attended the next board meeting and was given the same lame excuses for them to NOT cover my costs even though all parties are in agreement as to the reason for the water intrusion being their responsibility. They even had the gall to charge back their water extraction company's bill to me on my next monthly dues. All in all, we are out of pocket for $7800 in services and repairs. Spoke to a real estate lawyer this week, and odds are not great that a lawsuit would recoup my costs and legal fees, so there is little potential for a positive ROI on taking that route.
• Share Let's get personal - it's our homes, it's our money, 2 highly charged emotional issues: Build a community not an HOA on Facebook Share Let's get personal - it's our homes, it's our money, 2 highly charged emotional issues: Build a community not an HOA on Twitter Share Let's get personal - it's our homes, it's our money, 2 highly charged emotional issues: Build a community not an HOA on Linkedin Email Let's get personal - it's our homes, it's our money, 2 highly charged emotional issues: Build a community not an HOA link

  Let's get personal - it's our homes, it's our money, 2 highly charged emotional issues: Build a community not an HOA

  by JanetWren, over 2 years ago

  I was president of a small area neighborhood in Denver many years ago, where little, if any, funds were raised but we built community, worked to get a park in the neighborhood and had little or no strife. Ahhh, those were the days!

  Today, I'm living a very different experience with an HOA that is focused on everything except building community. Instead of asking your neighbor for help, everything is a matter of hiring out the work, paying for consultants, experts, project managers and lawyers and complex management companies.

  I live in a townhome community of 32 owners. The units... Continue reading

  I was president of a small area neighborhood in Denver many years ago, where little, if any, funds were raised but we built community, worked to get a park in the neighborhood and had little or no strife. Ahhh, those were the days!

  Today, I'm living a very different experience with an HOA that is focused on everything except building community. Instead of asking your neighbor for help, everything is a matter of hiring out the work, paying for consultants, experts, project managers and lawyers and complex management companies.

  I live in a townhome community of 32 owners. The units are aging but well maintained. For 50 years when it was time to fix a roof or a sidewalk or a common structure, we were assessed the fee. We had a board that took bids, remained transparent to homeowners and listened.

  Currently this same HOA board has made the decision to build a 'reserve account', requiring all homeowners to contribute $14,000-$17,000. A reserve account they say will mean we won't have assessments when it's time to make improvements. A "reserve study" made in 2023, stated it will be 7 years before any large assessment is due. That information gives all homeowners time to save up (earn interest) and pay the assessment when necessary. However, this board is not giving us that option. The only option suggested is to break up payments over the course of 5 years, in essence placing a lien on each homeowner for those 5 years - making it difficult to sell their home if necessary. And anyone moving from their home would not benefit from the 14 or 17K they invested in this reserve account.

  Homeowners should have the right to personally save for assessments and in so doing, earn the interest on those savings rather than the HOA profiting from interest earned from a 'reserve account." HOA's should have the obligation to keep owners appraised of upcoming costs, assessments.

  Additionally, homeowners aren't allowed to step in when a board overspends until the next election. My current HOA board has overspent by 100K from the budget. And there is nothing non-board members are able to do about it, except wait 2 years for an election and hope to win 67% of the vote. I've learned complex management companies are not accountants.

  Additionally, the by-laws at this complex have made it nearly impossible to reject board decisions, or have a voice in the community. A vote of 67% of the homeowners is required to veto the board's decisions. Every non-vote is vote in support of the board's decision. Was there ever an election in history where 67% of the vote was achieved? We were told this percentage was intentional to allow the board the right to "get things done." Fifty-one percent is fair and attainable when an issue comes to a vote.

  This same board has increased HOA fees for the past 5 years by 75%. Realtors have said homes in our price range will lose a sale if HOA fees are in excess of $500 a month. We now pay $565. Regardless the efforts made to stop these increases we were never able to get the 67% necessary.

  By-laws need to be written on 2 pages, not 20. The simpler the rules, the easier it is to live with them. Rather than let's hire that done, let's build community that will help get it done. Rather than spend on lawyers to write, rewrite, and review by-laws, ask the community what they think are the most important aspects of an HOA. What do they want from an HOA. People will support what they helped to create.

  Humans like to help one another. HOA's need to build in 'helping' rather than 'hiring'. Saves money, builds caring.

  My current HOA board has overspent by 100K from the 2023 budget. And there is nothing non-board members are able to do about it, except wait 2 years for an election and hope to win 67% of the vote. I've learned neither board members, HOA's or complex management companies have to hire an accountant. Now there is one hire worth making.

  I recently requested documents about money spent during the year that were not covered in the yearly budget. I was sent a 5 page "policy request form" from the management company. My new neighbor had to pay $6600 the first week they moved into their home because the HOA didn't reveal the upcoming assessment.

  HOAs (or at least many I've heard about) shut themselves off from the people they are there to support.

  Board meetings need to be in-person. Covid is over and the easiest way to avoid conflict, or discussion, or having your decisions questioned is to have a zoom meeting. Zoom promotes lack of accountability as do 'portal pages.' Meeting only on zoom, my board only advises of upcoming meetings (important or not) 2 or 3 days ahead and sometimes the same day of the vote. Voting which is not open to the whole community is done 'off line.' We're asked to leave the call and then the vote is taken. No transparency.

  Obviously, I've thought about and worried about this a lot. Thanks for reading (all the way to the end?? remarkable!") Changes are necessary and I want to help bring those changes. How can I be of service?

  Janet Wren

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  
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  Very little participation by unit owners.

  by JMC, over 2 years ago
  Many unit owners do not participate in HOA meetings. They do not want to gather information about issues associated with maintaining their unit or the area associated with the HOA property. Many believe that they live in country club subdivision where all services are provided, and dues for those services are minimal.

  Many unit owners do not participate in HOA meetings. They do not want to gather information about issues associated with maintaining their unit or the area associated with the HOA property. Many believe that they live in country club subdivision where all services are provided, and dues for those services are minimal.
• Share Legal Advice Given to the Board Should be Public to the Homeowners on Facebook Share Legal Advice Given to the Board Should be Public to the Homeowners on Twitter Share Legal Advice Given to the Board Should be Public to the Homeowners on Linkedin Email Legal Advice Given to the Board Should be Public to the Homeowners link

  Legal Advice Given to the Board Should be Public to the Homeowners

  by K, over 2 years ago

  Because the members of the Board are acting for and on behalf of the Association and Association membership is ultimately liable for all Board actions, Association members have a right to know what legal advice Board members are given and how it is used. Allowing this information in executive session feeds an "us versus them" mentality and furthers the Board and legal counsels propensity to see their job as controlling homeowners rather than working on their behalf. Legal advice given to the Board paid for by the membership and given to the Board in their official capacities should be public... Continue reading

  Because the members of the Board are acting for and on behalf of the Association and Association membership is ultimately liable for all Board actions, Association members have a right to know what legal advice Board members are given and how it is used. Allowing this information in executive session feeds an "us versus them" mentality and furthers the Board and legal counsels propensity to see their job as controlling homeowners rather than working on their behalf. Legal advice given to the Board paid for by the membership and given to the Board in their official capacities should be public. Executive meetings to receive legal advice should be prohibited. Executive meetings are used to shield the Board and their legal team from scrutiny. Potential bad judgement and decision making, vindictiveness or the legal team conspiring to control homeowners should all be public. Association members pay the legal bills, the insurance for the Board and any monetary judgement resulting from Board actions. They are entitled to know if the Board is using good judgement and decision making and whether or not the legal team is acting in the best interest of the Board or the membership.
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  Noble Park

  by Veryangry , over 2 years ago
  Our neighborhood has many qualities I like. Its fairly quiet, the people I know take good care of their homes and yards and its slowly changing and becoming more concerned about water usage. Several individuals have transformed areas from grass to drought tolerant grasses, flowers and cobble stones.Finally The Board of HOA is working on a consensus before rebuilding the fence around our homes. (The fence has been discussed and has been in a state of falling down for the 20 years we've lived here). The semiannual Picnic gathering in a nearby park has never been very well attended. They... Continue reading

  Our neighborhood has many qualities I like. Its fairly quiet, the people I know take good care of their homes and yards and its slowly changing and becoming more concerned about water usage. Several individuals have transformed areas from grass to drought tolerant grasses, flowers and cobble stones.Finally The Board of HOA is working on a consensus before rebuilding the fence around our homes. (The fence has been discussed and has been in a state of falling down for the 20 years we've lived here). The semiannual Picnic gathering in a nearby park has never been very well attended. They board furnishes grilled burgers but it could be a much more inclusive and even gala event. How about a festive band, maybe jesters, dancers, balloons, games, and prizes? There are over 100 homes and so many people that could be involved.

  
  

  I get outside and know my 10 neighbors who live within shouting distance but would like to have a way to know others.

  
  

  Where does the HOA fee go?

  
  
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  Egregious fines and lack of communication

  by SusieQ, over 2 years ago
  I have been living in my condo for 29 years. Since we have had professional management (about 4 years), many residents have suffered from policies being interpreted differently than before. Everything is much more punitive and the board supports managements actions.

  One incident in particular got my attention. A neighbor who was renting her condo was fined $500 for the actions of her tenant. I have no problem with that but the violation was no where to be found in our handbook that includes all of the policies. Residents were never told that this was a finable action. I talked... Continue reading

  I have been living in my condo for 29 years. Since we have had professional management (about 4 years), many residents have suffered from policies being interpreted differently than before. Everything is much more punitive and the board supports managements actions.

  One incident in particular got my attention. A neighbor who was renting her condo was fined $500 for the actions of her tenant. I have no problem with that but the violation was no where to be found in our handbook that includes all of the policies. Residents were never told that this was a finable action. I talked with the President of the Board and he said that the HOA attorneys supported the action. I was never able to get an answers to my questions about how this works. I believe the board and management put this in the column of "egregious" but I'm not sure about that. It seems like for a very long time, legislation has been passed to support management and boards with nothing for residents even though we own our homes. I'm hoping to see some sort of resident Bill of Rights come from this Task Force effort. Also, a mandated communication policy would be wonderful. I've received on that I found on the internet and it was great!

  Thank you for this opportunity to speak out. I'm happy to work on these issues if you need assistance and/or voices.

  
  

  
  
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  Management Company Does Not Follow Up

  by PhilMauracher, over 2 years ago
  2 years ago there were a series of accidents that destroyed 2 baby trees and a light pole. The landscaping was somewhat destroyed. After numerous complaints from me and others, that area remains to be re-landscaped.

  
  There are several diseased or dead trees in the neighborhood that the landscaping company does not address Reports to the HOA mgt company by me and many neighbors. Even the promise of an audit. Nothing.

  
  

  
  

  2 years ago there were a series of accidents that destroyed 2 baby trees and a light pole. The landscaping was somewhat destroyed. After numerous complaints from me and others, that area remains to be re-landscaped.

  
  There are several diseased or dead trees in the neighborhood that the landscaping company does not address Reports to the HOA mgt company by me and many neighbors. Even the promise of an audit. Nothing.