HOA Homeowners' Rights Task Force

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  Board stifles member communications, Threatens whistleblower

  by mmstafford, about 2 years ago

  I have complained before about the HOA board at Cheeseman Tower West in Denver.

  It's gone from bad to worse, as I continue to criticize them for non-compliance with CCIOA in several ways, and terrible management by Weststar resulting in a shabby building and unusable pool for over two years.

  The board refused to allow me to post on the community boards in the building an invitation to all HOA members to meet to discuss the issues in the building . Really

  Last week The board used HOA funds to pay an attorney to send me a letter, again, saying... Continue reading

  I have complained before about the HOA board at Cheeseman Tower West in Denver.

  It's gone from bad to worse, as I continue to criticize them for non-compliance with CCIOA in several ways, and terrible management by Weststar resulting in a shabby building and unusable pool for over two years.

  The board refused to allow me to post on the community boards in the building an invitation to all HOA members to meet to discuss the issues in the building . Really

  Last week The board used HOA funds to pay an attorney to send me a letter, again, saying that I am abusive and I am not allowed to communicate with anybody on the board or anyone in management. Really.

  
  

  The problem is I have no recourse except for hiring my own attorney because CCIOA has no enforcement provisions.

  
  

  The one task force meeting of yours that I did listen in on was completely dominated by a member of the management community who insisted on almost every topic that everything was OK, because maybe she and her company might be doing the right thing.

  
  

  I did not find actual HOA members adequately represented. I was also disappointed that there was not even any acknowledgment of submissions of stories from HOA members.

  
  

  
  

  
  

  
  

  
  

  
  
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  But for the passage of Operation 1992

  by Liam in Broomfield, about 2 years ago
  In 1992, the Colorado legislature passed two laws which diminished the rights for real property owners. The tax payer bill of rights was passed, as part of the conservative’s agenda to PRIVATIZE state, municipal and local governments, requiring prior voter approval for new bonds. At this point in time, Metropolitan Districts grew at exponential rates, from 200 to over 2,600. A form of government developer-investor government, not responsive to voter wishes, but totally reliant to real property owner tax base/payments. These MD#1 and #2 are Petri dishes of self dealing and non arms length transactions which hide and float interest... Continue reading

  In 1992, the Colorado legislature passed two laws which diminished the rights for real property owners. The tax payer bill of rights was passed, as part of the conservative’s agenda to PRIVATIZE state, municipal and local governments, requiring prior voter approval for new bonds. At this point in time, Metropolitan Districts grew at exponential rates, from 200 to over 2,600. A form of government developer-investor government, not responsive to voter wishes, but totally reliant to real property owner tax base/payments. These MD#1 and #2 are Petri dishes of self dealing and non arms length transactions which hide and float interest payments (Inter governmental agreements and roll over carry back loans) on bad business real estate investments. TABOR must be repealed!

  
  

  The second bad law passed in 1992 was the expansion of Colorado Common Ownership Interest Act, which eliminated free and clear title to real property ownership, for new single family housing. Presented as a method to protect value of your home, against pink flamingos in the front yards and non earth tone paint colors from your new neighbors, but at a cost. In essence, the real estate industry demanded residual payments on their initial real estate contract sales. Currently,Colorado homeowners are locked into a situation with no exit strategy. A situation so lucrative, that nationwide corporations and venture capitalists are buying up HOA Management Companies and local Landscape companies. Almost, 70% of Colorado homeowners are required to pay at least one or two (Master/Slave Arrangements) HOA assessments. Over time, there goes the NET equity value in your home.

  
  Colorado voters must demand their legislators repeal both of these laws. Starting with the section in TABOR dealing with prior voter approval. The CCOIA section, permitting HOA Boards and Management Companies to seek court approval to over ride homeowner votes, must be repealed. Then add a provision in CCOIA requiring HOA to prove their value, by requiring 51% of homeowners to OPT-IN to a continuing HOA.

  
  

  
  

  
  

  
  

  
  
• Share Showed up to vote, but was not allowed on Facebook Share Showed up to vote, but was not allowed on Twitter Share Showed up to vote, but was not allowed on Linkedin Email Showed up to vote, but was not allowed link

  Showed up to vote, but was not allowed

  by Star42, about 2 years ago

  My HOA has been very elusive about where and when meetings will be held. Finally, though, I got actual notice of an upcoming meeting. We weren’t given a lot of advance notice and the meeting was to be held the week of Christmas, so it didn’t seem like they wanted high turn out. The notice said we would vote on the budget and vote on our board members. When I showed up to the meeting, I was told that the bylaws state that unless a supermajority of the members show up and vote, the budget automatically passes, so there was... Continue reading

  My HOA has been very elusive about where and when meetings will be held. Finally, though, I got actual notice of an upcoming meeting. We weren’t given a lot of advance notice and the meeting was to be held the week of Christmas, so it didn’t seem like they wanted high turn out. The notice said we would vote on the budget and vote on our board members. When I showed up to the meeting, I was told that the bylaws state that unless a supermajority of the members show up and vote, the budget automatically passes, so there was no vote allowed. Next, we were told that there is a minimum quota to vote on board members. Since not enough homeowners had shown up, the board members would be appointed, and again there would be no vote. I feel very cheated. They set the meeting for a time most people won’t attend, then they announce that all votes are cancelled due to low attendance, and the HOA is now free to pass any budget unrestricted and appoint board members to represent us. Very unfair.
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  HOAs and Community Property Management Companies have no accountability

  by MattC, about 2 years ago
  I have owned and lived in a condo for over 17 years. The community was well kept and funded the first 7 years or so. But since the reserves have dwindled and the property maintenance is an afterthought. Trees were pruned and parking lots resurfaced every Spring until 2019, but have not been done since. The siding is falling off and we have no money because of a kick the can down the road board, who is letting the management company make all the decisions. I addressed my concerns in a January 2024 board meeting. I informed the board I... Continue reading

  I have owned and lived in a condo for over 17 years. The community was well kept and funded the first 7 years or so. But since the reserves have dwindled and the property maintenance is an afterthought. Trees were pruned and parking lots resurfaced every Spring until 2019, but have not been done since. The siding is falling off and we have no money because of a kick the can down the road board, who is letting the management company make all the decisions. I addressed my concerns in a January 2024 board meeting. I informed the board I felt they were breaching the covenants and their fiduciary duties. I was then sent a cease and desist letter from the management company's attorney a week later, making all kinds of wild accusations. There is no oversight of community property management companies in Colorado and they are criminal in their behavior. It's shameful what they get away with, knowing there's nothing anyone can do, unless they have thousands of dollars to hire an attorney and try to take them on in court. What about rights for homeowners that pay their dues every month and expect the board to abide by the covenants? It's an investment for most of us!
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  The Task Force Again

  by gvito, about 2 years ago
  I have continued to watch the HOA Task Force meetings but see so much talk and so little understanding. My impression in that the group cannot even agree on the most obvious facts.

  
  

  First, those who are billed as "homeowner advocates" should be titled "advocates for homeowners who don't pay their dues".

  Second, the advocates pretend there is some other source of revenue for the many ideas they tout. Simply put, HOAs have one and only one source of money, the assessments paid by homeowners. And the State of Colorado has one main source of income, the taxes paid by... Continue reading

  I have continued to watch the HOA Task Force meetings but see so much talk and so little understanding. My impression in that the group cannot even agree on the most obvious facts.

  
  

  First, those who are billed as "homeowner advocates" should be titled "advocates for homeowners who don't pay their dues".

  Second, the advocates pretend there is some other source of revenue for the many ideas they tout. Simply put, HOAs have one and only one source of money, the assessments paid by homeowners. And the State of Colorado has one main source of income, the taxes paid by residents of the State. There is no magic pot of money that will pay for any burden placed on the HOAs or on the State.

  Finally, the budgeting process is not a mystery. In my time on a Board we convene in the fall to look at the expenditures in that year. We estimate what we will spend in each category during the remaining months. We then look at our various contracts to see if there will be an increase in the next year. Will the cost for utilities and insurance raise? Is our Reserve account healthy, or do we need to up the amount we save each month. All this is placed in a spreadsheet and the bottom line is divided by the number of units in our association. The only way that we can finance that budget is by the faithful, monthly payment of the HOA assessment by each unit. Should the Colorado Legislature continue to make it more difficult to convince those who are not paying to pay, there are then only two options---continue the same level of service (snow removal, trash hauling, landscaping, building repairs) and place the amount not paid on those who do pay or cut back on all or some of the services. Period.

  If the Task Force cannot agree to these basic facts, how can what they produce be of any value?
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  DORA

  by C, about 2 years ago
  Dora is a regulatory agency, please regulate, enforce and protect homeowners.

  Education is important and needed, yet most homeowners don’t have the time, energy, or interest to pour over the complicated laws. A REGULATORY AGENCYis needed. CHANGE IS NEEDED, not in the the law, but in the enforcement of same.

  Dora is a regulatory agency, please regulate, enforce and protect homeowners.

  Education is important and needed, yet most homeowners don’t have the time, energy, or interest to pour over the complicated laws. A REGULATORY AGENCYis needed. CHANGE IS NEEDED, not in the the law, but in the enforcement of same.
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  HOA Task Force Meeting on February 23, 2024

  by HOA United, about 2 years ago
  

  During today's meeting on February 23, 2024, HOA Homeowner Rights Task Force member Lallis Jackson (a community association manager and owner of a management firm) claims that annual meeting minutes can only be approved annually. That's not true according to Robert's Rules. Robert's Rules for Approving the Minutes:

  • If the assembly isn’t meeting again for a long time (if at all), such as in annual membership meetings or conventions of delegates, the process of approving the minutes is delegated to a special committee or an executive board.
  • This practice produces an approved and legal record of the... Continue reading

  During today's meeting on February 23, 2024, HOA Homeowner Rights Task Force member Lallis Jackson (a community association manager and owner of a management firm) claims that annual meeting minutes can only be approved annually. That's not true according to Robert's Rules. Robert's Rules for Approving the Minutes:

  • If the assembly isn’t meeting again for a long time (if at all), such as in annual membership meetings or conventions of delegates, the process of approving the minutes is delegated to a special committee or an executive board.
  • This practice produces an approved and legal record of the meeting shortly after the meeting closes but before memories of what occurred in the meeting fade.

  _________________________________________________________________

  If community association managers don't know the law, the governing documents and/or proper parliamentary procedure, what hope do homeowners have?!

  There's SO MUCH to know about meetings! You can learn more here.

  HOA United | Contact Us | Visit Us at HOAUnited.org
• Share PBTOA in Colorado Springs claim the same violations since 2020 and refuse to grant hearing on Facebook Share PBTOA in Colorado Springs claim the same violations since 2020 and refuse to grant hearing on Twitter Share PBTOA in Colorado Springs claim the same violations since 2020 and refuse to grant hearing on Linkedin Email PBTOA in Colorado Springs claim the same violations since 2020 and refuse to grant hearing link

  PBTOA in Colorado Springs claim the same violations since 2020 and refuse to grant hearing

  by C, about 2 years ago

  The last violations letter was sent to me 1/4/24. I requested a hearing 1/9/24 via certified mail to HOA president Karen Ports, then email, and then in person at manager Ann Jagitsch’s RowCal office. A request for an in-person meeting was denied. The meeting was subsequently set for 2/20/24 via ZOOM. I asked if there were a backup plan in case we couldn’t connect or if we got disconnected. 2/19/24 the meeting was canceled w/no answer. Another meeting was requested and again, no answer.

  Good laws are on the books but ENFORCEMENT IS THE ISSUE.

  Two ideas for change may... Continue reading

  The last violations letter was sent to me 1/4/24. I requested a hearing 1/9/24 via certified mail to HOA president Karen Ports, then email, and then in person at manager Ann Jagitsch’s RowCal office. A request for an in-person meeting was denied. The meeting was subsequently set for 2/20/24 via ZOOM. I asked if there were a backup plan in case we couldn’t connect or if we got disconnected. 2/19/24 the meeting was canceled w/no answer. Another meeting was requested and again, no answer.

  Good laws are on the books but ENFORCEMENT IS THE ISSUE.

  Two ideas for change may help solve the ever present problems:

  1) Would it be possible for the state to allocate funds to create an HOA ENFORCEMENT AGENCY with enough appropriate staff to handle HOA board complaints and enforce the law?

  The Colorado Real Estate Commission oversees Realtors and sanctions inappropriate practices and criminal behavior. Licenses can be and are revoked.
  
  

  In the same way, HOA boards and homeowners would be governed by a code of ethics and those who break the law (or violate HOA rules) would be brought into compliance - in effect creating equality on both sides.

  2) Remove board access to HOA funds. Boards could continue to operate as usual, hiring vendors, conducting meetings, etc.

  Reputable accountants vetted and hired by the ENFORCEMENT AGENCY could oversee finances and payouts. Forensic accountants could review every few years.

  The HOA citizens of Colorado deserve protection and equal and fair treatment.

  
  

  
  
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  Board overreach

  by Steph, about 2 years ago

  For some years I have lived in an HOA which has periodically had at least one Board member who has tried to utilize fines as retribution against those who have questioned this person's actions within the HOA. This Board member apparently sees no hypocrisy in violating certain HOA rules while vigorously attempting to fine other residents for lesser transgressions.

  It seems that this Board member wants to assess arbitrary fines against those with whom there have been disagreements and then attempt drastic legal action to enforce collection, foreclosure, etc. against those HOA residents,

  It further appears this Board member is... Continue reading

  For some years I have lived in an HOA which has periodically had at least one Board member who has tried to utilize fines as retribution against those who have questioned this person's actions within the HOA. This Board member apparently sees no hypocrisy in violating certain HOA rules while vigorously attempting to fine other residents for lesser transgressions.

  It seems that this Board member wants to assess arbitrary fines against those with whom there have been disagreements and then attempt drastic legal action to enforce collection, foreclosure, etc. against those HOA residents,

  It further appears this Board member is seeking authority granted only to law enforcement and is frustrated that an HOA Board does not have that authority.

  HB22-1137 is a good law and provides much needed protection from a renegade Board or Board member.
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  Stunning DORA HOA Survey Results

  by HOA United, about 2 years ago
  

  Have you digested the DORA community association survey results? Notice the massive difference in these results vs. industry-sponsored surveys by CAI and FCAR? That's due to industry sponsorship bias.

  • HOA Survey results (1,599 responses from unique user IDs) through December 2023
    • 50% of homeowners are unsatisfied!
  • DORA Colorado community association complaint statistics
  • Statistics from multiple sources

  Contact Us

  Have you digested the DORA community association survey results? Notice the massive difference in these results vs. industry-sponsored surveys by CAI and FCAR? That's due to industry sponsorship bias.

  • HOA Survey results (1,599 responses from unique user IDs) through December 2023
    • 50% of homeowners are unsatisfied!
  • DORA Colorado community association complaint statistics
  • Statistics from multiple sources

  Contact Us