HOA Homeowners' Rights Task Force

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  Colorado HOA Experience

  by Astrobootes, over 2 years ago

  Volunteered, elected, and served in different capacities, ie., Secretary, Treasurer, VP and committees.

  I have reviewed the existing entries to the task force and so far many of the replies ring true. I was encouraged when I first saw and read HB23-1105, but the jury is still out relative to any changes that may result. What I’ve experienced is that the legislature creates and the governor signs bills affecting HOA governance, but other than litigation there is no enforcement. We have become a litigious and apathetic society. Times have and continue to change!!

  • Current HOA boards are pretty useless, imo... Continue reading

  Volunteered, elected, and served in different capacities, ie., Secretary, Treasurer, VP and committees.

  I have reviewed the existing entries to the task force and so far many of the replies ring true. I was encouraged when I first saw and read HB23-1105, but the jury is still out relative to any changes that may result. What I’ve experienced is that the legislature creates and the governor signs bills affecting HOA governance, but other than litigation there is no enforcement. We have become a litigious and apathetic society. Times have and continue to change!!

  • Current HOA boards are pretty useless, imo. Most directors have little or no knowledge of Colorado law pertaining to HOAs, let alone their own governing docs. Owner apathy doesn’t help.
  • Executive members of the board need to be knowledgeable of their HOA covenants, as well as local and federal statutes that govern Colorado HOAs. ALL HOA directors need to clearly understand that the ‘fiduciary duty’ of a director means he/she is not above the law, ie., asking for permission vs foregiveness, and are responsible to ALL owners.
  • Legislation that takes into account the demographic of a community, not “one size fits all” legislation.
  • Ability of a board to remove a director with an affirmative vote of all remaining directors.
  • Years of attempting to update governing documents that are over 50 years old.
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  Uninformed or misinformed Homeowners in HOA's

  by Debra, over 2 years ago
  In making a career change 22+ years ago, I made a conscious decision to become part of the Community Association profession. I have been positively impacted in working in various capacities, to become educated and informed, then sharing information, successes, failures and experiences from the 'front lines' in guiding and engaging communities. Over the years, learning how much misinformation and how many under-informed buyers creating climates of angst, rather than open & respectful communication, is an ongoing challenge.

  
  

  Acting in the best interest of communities and neighborhoods (HOA's), the responsibility rests on the shoulders of ALL Leaders. Effective communication... Continue reading

  In making a career change 22+ years ago, I made a conscious decision to become part of the Community Association profession. I have been positively impacted in working in various capacities, to become educated and informed, then sharing information, successes, failures and experiences from the 'front lines' in guiding and engaging communities. Over the years, learning how much misinformation and how many under-informed buyers creating climates of angst, rather than open & respectful communication, is an ongoing challenge.

  
  

  Acting in the best interest of communities and neighborhoods (HOA's), the responsibility rests on the shoulders of ALL Leaders. Effective communication from not only Volunteer HOA Board Member Leaders and HOA Managers- everyone from Builders and Developers, Real Estate Agents, Sales Teams, Title Companies, and ultimately the home-buyers and homeowners themselves! Taking educational moments and opportunities to set buyers up for the right expectation is vital and the differential to a culture of trust, respect and mutual understanding, versus adversarial interactions. Apathy is also a contributing factor, in that there are many complaints & complainers, although very few willing to step up and serve.

  
  

  When in doubt, check the governing documents out! Please read, review, ask questions and be informed. Homeowners have rights in HOA's that go hand in glove with responsibilities.
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  HOA members are volunteers

  by rwitting, over 2 years ago
  After owning a house for 34 years in a community without a HOA (and having a neighbor who never planted grass and had knee high weeds that whole time), I was determined to get a townhome in a HOA managed community when I decided to retire and downsize to a townhome. I also wanted someone to care for the exterior since I like to spend time in the mountains and traveling.

  
  

  One of the primary reasons for choosing the community I bought in was how beautiful and well maintained it is. The HOA is so well managed, they have never... Continue reading

  After owning a house for 34 years in a community without a HOA (and having a neighbor who never planted grass and had knee high weeds that whole time), I was determined to get a townhome in a HOA managed community when I decided to retire and downsize to a townhome. I also wanted someone to care for the exterior since I like to spend time in the mountains and traveling.

  
  

  One of the primary reasons for choosing the community I bought in was how beautiful and well maintained it is. The HOA is so well managed, they have never had a special assessment in the almost 50 years of existence.

  
  

  My father was a volunteer on the HOA board where he lived and it made an impression on me. I want to give back to the community I live in and decided to volunteer for the HOA board as well. It is a lot of work and takes a lot of my time, but everyone comments on how nice the neighborhood looks.

  
  

  Unfortunately, some people have a negative perception of HOA’s. They forget we are all neighbors and it’s important to be a good neighbor. When a homeowner wants something special or particular done, they don’t acknowledge that they are asking for their neighbors to pay for it. There is a disconnect between asking for more amenities and not expecting the monthly assessment to increase. The board is always looking for volunteers, but we have trouble even getting a quorum for elections. Homeowners like to complain, but they don’t want to help. Homeowners that rent need to take more responsibility to communicate with their tenants about the covenants and pertinent information that is decimated. Homeowners complain about not being informed, but they refuse to give email addresses to the management company.

  
  

  I’m concerned about some of the recent regulations that have been passed. It might be helpful to a few homeowners, but it hurts the community when covenants aren’t enforced. There is a process for homeowners to modify or change the covenants if they don’t want them. We have some homeowners that have never paid their monthly assessments. I guess they expect a free ride from their neighbors. The HOA needs to be able to recover these funds. It’s only fair to the homeowners who have been responsible. There is nothing wrong with using a lien as a tool. Certainly there is a better way of recouping the money than to sell the house for less than market value. That is something that could be legislated and is beyond the scope of the HOA.

  
  

  To close, the HOA board works very hard to provide a clean and safe environment. They are under appreciated. I’m sure there are some boards that take advantage of their position, but this is probably the minority.
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  Support the HOAs

  by PattyAnn, over 2 years ago

  I have lived in our condominium community since 2014. When I first arrived, the community was in great shape. However, a year later, things began to backtrack:

  • The pool could not be used (for many years).
  • The property needed a better maintenance plan.
  • Many residents needed to catch up on their dues. Not paying cost the community more money, so the community had to build up the reserves.
  • No one complied with the rules; if violations were made, they were not enforced.

  This was a valuable lesson on the importance of HOAs and their board of directors. Since then, the... Continue reading

  I have lived in our condominium community since 2014. When I first arrived, the community was in great shape. However, a year later, things began to backtrack:

  • The pool could not be used (for many years).
  • The property needed a better maintenance plan.
  • Many residents needed to catch up on their dues. Not paying cost the community more money, so the community had to build up the reserves.
  • No one complied with the rules; if violations were made, they were not enforced.

  This was a valuable lesson on the importance of HOAs and their board of directors. Since then, the board, with the management company's assistance, was able to put the property on a maintenance program: painting, trees/landscaping, and road. The pool was fixed and opened and used often. Dues owed have been paid or put on a payment plan. When there were violations, there was a notice sent out and corrected. I understand many have issues with HOAs. However, they are essential. They help keep our community safe and our homes of value by ensuring the policies are followed and enforced. As well as our grounds kept up.

  
  

  Our community has many renters, which has become a more significant issue because they do not see the same value in the area as the owners. Owners need to communicate with them about the covenants/declarations. They become contentious when a letter is sent out or spoken to directly about a violation. A frustration of the board is the new legislation, HB 1137. Violations are IMPOSSIBLE to enforce.

  
  

  Laws need to change, to allow the community to enforce the violations and have a quicker turnaround.
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  Foreclosure initiated against neighbor

  by bhr1988, over 2 years ago
  An elderly neighbor of mine who is up to date on her mortgage recently had the HOA initiate a foreclosure process against her. The HOA feels this is justified to cover unpaid fines which snowball due to legal fees incurred by the HOA to attempt to collect smaller fines from said homeowner (in other words, small fines snowball when the HOA chooses to involve a lawyer and charge to the homeowner). HOA’s should be required to shoulder 50% of legal fees to incentivize against snowballing of fees and/or fees should be capped at some sane amount (e.g., $5-10,000). Additionally, homes... Continue reading

  An elderly neighbor of mine who is up to date on her mortgage recently had the HOA initiate a foreclosure process against her. The HOA feels this is justified to cover unpaid fines which snowball due to legal fees incurred by the HOA to attempt to collect smaller fines from said homeowner (in other words, small fines snowball when the HOA chooses to involve a lawyer and charge to the homeowner). HOA’s should be required to shoulder 50% of legal fees to incentivize against snowballing of fees and/or fees should be capped at some sane amount (e.g., $5-10,000). Additionally, homes should not be allowed to be sold below X % of market value (50%??). Alternatively HOA’s in Colorado should only be allowed to make suggestions about private property appearances (rather than have the power to impose fines against homeowners who are not breaking any laws), so that their primary remit becomes maintaining common areas like pools and greenbelts.
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  Is digital really the way to go?

  by LRB, over 2 years ago

  We have a household in our HOA that currently demands everything be sent electronically. Fine for documents already digitized; not fine for dealing with compliance issues. The problem is, proof of action cannot be obtained via email. We have no way to verify that the email sent went to the person and a simple denial on their part of not received puts the board at risk. Right now, the only way to verify sending something and it being delivered to the recipient's mailbox is USPS or courier service. This adds expense, but, seems necessary when dealing with compliance issues, in... Continue reading

  We have a household in our HOA that currently demands everything be sent electronically. Fine for documents already digitized; not fine for dealing with compliance issues. The problem is, proof of action cannot be obtained via email. We have no way to verify that the email sent went to the person and a simple denial on their part of not received puts the board at risk. Right now, the only way to verify sending something and it being delivered to the recipient's mailbox is USPS or courier service. This adds expense, but, seems necessary when dealing with compliance issues, in order to provide evidence of getting to the address. Registered mail, return receipt requested can be abused by the addressee simply not accepting it, which has happened twice this summer. However, priority mail, registered mail, or courier service at least provides proof that the document got into the mailbox or to the front door and places the responsibility of not getting it squarely on the recipients shoulders. Please, legislators, do not take away the only method we currently have of verifying we are doing what we're supposed to be doing.
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  Unaccountable control freaks

  by Jdub, over 2 years ago
  The HOA we're in has a president who does not even live in our town and threatened a lien against our house (no prior notification or warning) that our house had to be painted a "modern color " even though the current paint job had only been done 6-7 years before, and with no definition of what a "modern " color was, nor approved palate for selecting from.We had to submit colors several times until they approved the ugliest one. Neighbors have had similar nightmares happen to them as well. There needs to be more accountability and recourse for what... Continue reading

  The HOA we're in has a president who does not even live in our town and threatened a lien against our house (no prior notification or warning) that our house had to be painted a "modern color " even though the current paint job had only been done 6-7 years before, and with no definition of what a "modern " color was, nor approved palate for selecting from.We had to submit colors several times until they approved the ugliest one. Neighbors have had similar nightmares happen to them as well. There needs to be more accountability and recourse for what seem to be very arbitrary decisions and utter opacity about the process
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  HOAs Get A Bad Rap

  by skkoog, over 2 years ago
  It’s really sad that most people only see the bad comments about HOAs.

  Having lived in an HOA for the past 27 year, having worked for a company that managed HOAs for approximately 5 years and now being an HOA president, I can verify 2 things. The first is people don’t think through the choice of buying a home within an HOA, and if they do, they often never read the governing documents, or choose to ignore them.

  
  I know there are HOAs that aren’t run well, but there is a lot things to be done, more often by volunteers... Continue reading

  It’s really sad that most people only see the bad comments about HOAs.

  Having lived in an HOA for the past 27 year, having worked for a company that managed HOAs for approximately 5 years and now being an HOA president, I can verify 2 things. The first is people don’t think through the choice of buying a home within an HOA, and if they do, they often never read the governing documents, or choose to ignore them.

  
  I know there are HOAs that aren’t run well, but there is a lot things to be done, more often by volunteers than folks realize. The same people end up doing all the work and often get burned out.

  So, take time and read your documents, which you should have done before buying, and know what the rules are. If you can’t live with them, it’s time to move.

  
  

  
  

  
  

  
  

  
  

  
  

  
  
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  HOA has too much control

  by MER, over 2 years ago

  Our HOA raised fees 170$ a month over the last three years. Services were greatly reduced until this year but no $ was returned to residents. Services since last winter have improved immensely, I am most grateful for the snow removal and the how nice looking the groundskeepers keep our community.

  To vote for the budget was very confusing due to poor wording. After more than a year of proposing a change to the verbiage, it was finally changed. Additionally, at least 50% of the community must vote against the proposed budget for the board to allow changes. The total... Continue reading

  Our HOA raised fees 170$ a month over the last three years. Services were greatly reduced until this year but no $ was returned to residents. Services since last winter have improved immensely, I am most grateful for the snow removal and the how nice looking the groundskeepers keep our community.

  To vote for the budget was very confusing due to poor wording. After more than a year of proposing a change to the verbiage, it was finally changed. Additionally, at least 50% of the community must vote against the proposed budget for the board to allow changes. The total number of voters does not get to 50% so the proposed budget can never be overturned, residents have no choice but to accept whatever is presented. I believe the poor voter turnout is due to residents believing their vote will not make any difference.

  
  
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  Water Issues

  by kdsher, over 2 years ago
  After several issues with water coming into our home from the outside, we took a HUGE financial hit and sold. The HOA didn’t address drainage issues, failed to provide access to HOA owned infrastructure that was creating water issues so that we could try and mitigate future damage, and never paid for the damage inside our home from their neglect. The whole, you own inside the walls and we own outside of them doesn’t work well when the outside is creating issues inside. i literally stepped in backed up sewer water that flooded into our home. It happened multiple times... Continue reading

  After several issues with water coming into our home from the outside, we took a HUGE financial hit and sold. The HOA didn’t address drainage issues, failed to provide access to HOA owned infrastructure that was creating water issues so that we could try and mitigate future damage, and never paid for the damage inside our home from their neglect. The whole, you own inside the walls and we own outside of them doesn’t work well when the outside is creating issues inside. i literally stepped in backed up sewer water that flooded into our home. It happened multiple times and they would never give our plumber access to really address the pipes that kept backing up. The HOA property manager continued to get paid while the exterior of the condo association was neglected.