HOA Homeowners' Rights Task Force

Share Your HOA Story

• Share HOA - Waste of Money on Facebook Share HOA - Waste of Money on Twitter Share HOA - Waste of Money on Linkedin Email HOA - Waste of Money link

  HOA - Waste of Money

  by KMC, over 2 years ago

  Having an HOA has provided little benefit for the astronomical amount we pay. When I first purchased in 2019, there was a hail storm the day after closing. The HOA never communicated to my insurance which coverage I needed; therefore I didn’t have adequate coverage. The HOA needed to replace all roofs but since I didn’t have proper coverage I had to pay $3,800 out of pocket and my roof was never even replaced. Every year we get into late July early August before lawn sprinklers are turned on, rendering our grass dead, so why pay astronomical prices to have... Continue reading

  Having an HOA has provided little benefit for the astronomical amount we pay. When I first purchased in 2019, there was a hail storm the day after closing. The HOA never communicated to my insurance which coverage I needed; therefore I didn’t have adequate coverage. The HOA needed to replace all roofs but since I didn’t have proper coverage I had to pay $3,800 out of pocket and my roof was never even replaced. Every year we get into late July early August before lawn sprinklers are turned on, rendering our grass dead, so why pay astronomical prices to have ugly yards. They have neglected to fill the reserve funds over the last several years so now they want to double our HOA payment. Mind you we already pay $290/M, and for subpar lawn maintenance and lazy snow removal. We all have buckling water damaged siding, bald spots in our lawns, dead trees everywhere and huge pot holes in the alley. Why do we now have to go broke fixing the mistake of bad management? Why pay all the fees for maintenance and professional management if nobody is going to do their job correctly, and manage the money. We want to sell and move to a non HOA neighborhood but now can’t afford to leave because buying in CO is impossible unless you magically had a substantial increase in income over the last two years. This state is going down the tubes and frankly HOA’s are money suckers just like our government.
• Share One condo deed that is owned by a father-son duo, elected themselves to two seats on a 3 person board on Facebook Share One condo deed that is owned by a father-son duo, elected themselves to two seats on a 3 person board on Twitter Share One condo deed that is owned by a father-son duo, elected themselves to two seats on a 3 person board on Linkedin Email One condo deed that is owned by a father-son duo, elected themselves to two seats on a 3 person board link

  One condo deed that is owned by a father-son duo, elected themselves to two seats on a 3 person board

  by nealelinoff, over 2 years ago

  I am writing to express my deep concerns and frustration regarding the recent board elections within our condo association. The situation at hand has left me perplexed and concerned about the governance of our community.

  Our condo association comprises seven residences and a quasi-government organization that collectively owns the property. The quasi-government organization has appointed an accountant to represent their ownership interests during meetings and has also been voted in as the HOA manager for our association.

  It's worth noting that except for mine, all other homeowners use their condos as secondary residences, primarily renting them out through their respective... Continue reading

  I am writing to express my deep concerns and frustration regarding the recent board elections within our condo association. The situation at hand has left me perplexed and concerned about the governance of our community.

  Our condo association comprises seven residences and a quasi-government organization that collectively owns the property. The quasi-government organization has appointed an accountant to represent their ownership interests during meetings and has also been voted in as the HOA manager for our association.

  It's worth noting that except for mine, all other homeowners use their condos as secondary residences, primarily renting them out through their respective management companies. I personally manage my unit's rentals through Vrbo. This means that, for the most part, our fellow homeowners do not reside in our lovely town of Telluride.

  Recently, we held a board meeting to elect a new board, and the outcome has left me deeply concerned. The elected board members now consist of the quasi-government representative (who also serves as the HOA manager) and a single condo unit, owned by a father-son duo, which secured two seats on the board. Their justification for this configuration is that it was reviewed and approved by our HOA attorney. Notably, both members of the father-son duo are attorneys themselves, as well.

  I must express my strong belief that allowing a single unit to control the majority of the board is a disservice to the principles of fair governance and representation. I have voiced my concerns, but I have been met with the assertion that their actions are entirely legal and compliant with our governing documents.

  Furthermore, it has come to my attention that they have sought legal opinions that align with their perspective, effectively silencing any opposition. This has only added to my frustration and left me feeling powerless in the face of what I believe to be an unjust situation.

  At this point, it seems that the only recourse available to address this matter would be to pursue legal action. However, this path is not without its challenges, including significant financial costs and uncertain outcomes.

  I implore all of us to consider the principles of fairness, representation, and community that should guide our association's decisions. I believe that open dialogue and a commitment to the best interests of all homeowners can lead us to a more equitable and transparent solution.

  I look forward to exploring potential solutions that can address these concerns in a constructive manner. It should be that our shared goal should always be the well-being of our association and the vibrant community we all value.
• Share re : trying to be green on Facebook Share re : trying to be green on Twitter Share re : trying to be green on Linkedin Email re : trying to be green link

  re : trying to be green

  by Robert Racansky, over 2 years ago
  

  
  

  This is another example of how our lawmakers have failed over the past two decades vis-à-vis H.O.A. reform. See my earlier post here, "Re-Inventing the Square Wheel" (27 Aug 2023).

  01. In 2005, Colorado passed Senate Bill SB05-100 “Concerning Increased Protections for Homeowners”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

  It worked so well that …

  02. In 2013, Colorado passed Senate Bill SB13-183 “Water Conservation in Common Interest Communities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

  It worked so well that …

  03. In 2019, Colorado passed House Bill HB19-1050... Continue reading

  
  

  This is another example of how our lawmakers have failed over the past two decades vis-à-vis H.O.A. reform. See my earlier post here, "Re-Inventing the Square Wheel" (27 Aug 2023).

  01. In 2005, Colorado passed Senate Bill SB05-100 “Concerning Increased Protections for Homeowners”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

  It worked so well that …

  02. In 2013, Colorado passed Senate Bill SB13-183 “Water Conservation in Common Interest Communities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

  It worked so well that …

  03. In 2019, Colorado passed House Bill HB19-1050 “Concerning the Promotion of Water-Efficient Landscaping on Property Subject to Management by Local Supervisory Entities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

  It worked so well that …

  04. In 2021, Colorado passed House Bill HB21-1229 “Home Owners’ Associations Governance Funding Record Keeping”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

  It worked so well that …

  05. In 2023, Colorado passed Senate Bill SB23-178, “Water-wise Landscaping In Homeowners' Association Communities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

  Decades of experience have demonstrated that the State of Colorado should not expect good-faith compliance with the law, regulations, or Court Orders by the H.O.A. board members, H.O.A. managers, H.O.A. attorneys, etc.

  
  

  I know of associations that have been placed under Court Orders to do things and they just don’t do them. It’s not just that they defy statutory law. But they’re ordered to do something and still not do it. It’s mind boggling.

  - Evan McKenzie, former H.O.A. attorney and author of Privatopia (1994) and Beyond Privatopia (2011). “On the Commons”. November 19, 2005.

  
  

  Homeowners associations are prevalent and their actions impact property values, property rights, living environment, and personal rights of the residents; and many of the HOA’s have abused their power, disobeyed the law.

  - Larimer County Republican Party Resolutions - 2006, # 24.

  
  

  It's like something you would see in Nazi Germany or Soviet Russia. People think these things don't go on. But we know they on every day in condo and homeowner associations. These people who have no idea how to use power at all. They won't even accept limits on their power.

  They don't even know what the law requires of them, these directors. They go by what some lawyer tells them to do, which the lawyer tells them to do only because he or she knows they can get away with it.

  If the lawyer tells them “Oh, just jack 'em around. Who cares what the rules are? Who cares what the law says?” it doesn't make any difference. The transaction costs of enforcing an owner's rights are so great that they are hardly ever able to do it.

  - Evan McKenzie, former H.O.A. attorney and author of Privatopia (1994) and Beyond Privatopia (2011). “On the Commons”. June 26, 2010. Emphasis in original.

  Instead of reacting to the H.O.A. outrage du jour, our lawmakers need to craft policy to anticipate the predictable abuses of homeowners by the H.O.A. industry.

  Unfortunately, there is no interest nor political will in doing so. Instead, they repeatedly put up regulatory window dressing in order to give the appearance of doing something.

  I've represented myself -- and other homeowners -- in more H.O.A.-related litigation than I've ever wanted to be involved in. I've seen how the law works. And more importantly, I've seen how the law does not work.

  During that time, I had to endure listening to out-of-touch lawmakers tell me how they were making things better for H.O.A.-burdened homeowners, while experiencing for myself how much worse things were actually getting.

  The stories that lawmakers tell the public, and what goes on in the court rooms where their laws are enforced, are two very different things.

  
  
• Share Violations on Facebook Share Violations on Twitter Share Violations on Linkedin Email Violations link

  Violations

  by Mary, over 2 years ago
  Violations are IMPOSSIBLE to enforce. With the new HB 1137 and the $500.00 fine have whatever you want this is IMPOSSIBLE to enforced.

  
  

  I own rentals in HOA's sit o Boards and have been a HOA manager for 25 years.

  
  

  Violations are IMPOSSIBLE to enforce. With the new HB 1137 and the $500.00 fine have whatever you want this is IMPOSSIBLE to enforced.

  
  

  I own rentals in HOA's sit o Boards and have been a HOA manager for 25 years.

  
  
• Share Paint colors on Facebook Share Paint colors on Twitter Share Paint colors on Linkedin Email Paint colors link

  Paint colors

  by Kberger, over 2 years ago
  My house was custom built in 2016. My builder gave me a choice of exterior colors and I chose a scheme that included blue as an accent color. I was informed that the HOA of my community (in Wellington, CO) only allowed "earth tones" which I guess does not include blue. However, 6 months later a house was built with extensive blue on the outside. What is so frustrating is the inconsistent application of ridiculous rules.

  My house was custom built in 2016. My builder gave me a choice of exterior colors and I chose a scheme that included blue as an accent color. I was informed that the HOA of my community (in Wellington, CO) only allowed "earth tones" which I guess does not include blue. However, 6 months later a house was built with extensive blue on the outside. What is so frustrating is the inconsistent application of ridiculous rules.
• Share trying to be green on Facebook Share trying to be green on Twitter Share trying to be green on Linkedin Email trying to be green link

  trying to be green

  by qwerty, over 2 years ago
  The HOA has prevented us from limiting water usage, threatening fines if we do not excessively water our lawn. We would prefer to have a water-free landscaping plan, but the HOA regulations require at least 75% greenery in the yard.

  The HOA has prevented us from limiting water usage, threatening fines if we do not excessively water our lawn. We would prefer to have a water-free landscaping plan, but the HOA regulations require at least 75% greenery in the yard.
• Share title on Facebook Share title on Twitter Share title on Linkedin Email title link

  title

  by Pete, over 2 years ago
  No complaints

  No complaints
• Share Board Vacanies Should be Filled by Membership Vote on Facebook Share Board Vacanies Should be Filled by Membership Vote on Twitter Share Board Vacanies Should be Filled by Membership Vote on Linkedin Email Board Vacanies Should be Filled by Membership Vote link

  Board Vacanies Should be Filled by Membership Vote

  by K, over 2 years ago
  It should be mandatory to fill Board vacancies and that any vacancy with more than one year left on the term should be elected by the membership at a meeting of the members with two months of the vacancy.

  
  

  Current Boards uses flexibilities in the bylaws to prevent new voices from being elected to the Board. Most bylaws say Board vacancies are filled by the Board. Board members uses this flexibility to only bring on their friends or they don't fill them to prevent having a new voice. They don't advertise vacancies. Only appoint their relatives and friends.

  
  

  At various... Continue reading

  It should be mandatory to fill Board vacancies and that any vacancy with more than one year left on the term should be elected by the membership at a meeting of the members with two months of the vacancy.

  
  

  Current Boards uses flexibilities in the bylaws to prevent new voices from being elected to the Board. Most bylaws say Board vacancies are filled by the Board. Board members uses this flexibility to only bring on their friends or they don't fill them to prevent having a new voice. They don't advertise vacancies. Only appoint their relatives and friends.

  
  

  At various times in the past 25 years, our Board has had ALL the members appointed by themselves. Other times, they let posts sit vacant for months or years so that there are no dissenting voices or votes.

  
  

  The levers of power are stacked and there isn't true democracy in an HOA.
• Share Election Shenanigans on Facebook Share Election Shenanigans on Twitter Share Election Shenanigans on Linkedin Email Election Shenanigans link

  Election Shenanigans

  by Jane Doe 1954, over 2 years ago

  My HOA has a couple of Board Members who have served for an extensive period of time. The HOA is a pre-1992 Community that has never adopted CCIOA, but has adopted the responsible governance policies required by statute as required. The long-time Board members are comfortable in their roles but are opposed to allowing others to serve on the Board that they feel are not "aligned" with their values and agenda. The HOA's Articles of Incorporation and Bylaws requires five Board members, with minimum of three to conduct business. Unknown to the Membership, they continued to operate with only two... Continue reading

  My HOA has a couple of Board Members who have served for an extensive period of time. The HOA is a pre-1992 Community that has never adopted CCIOA, but has adopted the responsible governance policies required by statute as required. The long-time Board members are comfortable in their roles but are opposed to allowing others to serve on the Board that they feel are not "aligned" with their values and agenda. The HOA's Articles of Incorporation and Bylaws requires five Board members, with minimum of three to conduct business. Unknown to the Membership, they continued to operate with only two members for well over six months. During that period of time, one of the two became very sick and was unable to perform his duties, essentially leaving one person in-charge.

  The only requirement to serve is that the Member must be in good standing (up-to-date on dues payment.) However, they have managed relatively successfully to "load" the Board with appointed members of their choice through a number of tactics. These include delaying appointments if someone resigns if they don't believe a person interested meets their unwritten "criteria"; and failing to appoint people interested in serving, and then just prior to election appointing someone rather than have the Membership vote to fill the unexpired terms. In the past they have used the HOA's private email list to send voting endorsements with resumes of their preferred candidates to some (not all) members of the Association, while simultaneously refusing to send the resumes of other candidates as well and refusing to provide the email list so members have access to full information about candidates.

  
  

  
  

  
  

  
  
• Share Overall on Facebook Share Overall on Twitter Share Overall on Linkedin Email Overall link

  Overall

  by Andrew, over 2 years ago
  The HOA lists that they pay for everything except energy which is nice. However, the parking lot is always trashed with debris, they put everything on the owner of each establishment. Some things that are outside of the unit are still "the owners" responsibility. Siding fell and tore a hole in my window screen and they said "if it didn't enter the unit its on you to fix it." They refused to help when contacted about an infestation until more than two units complained. They have open permitted parking but do not regularly patrol to keep people from parking where... Continue reading

  The HOA lists that they pay for everything except energy which is nice. However, the parking lot is always trashed with debris, they put everything on the owner of each establishment. Some things that are outside of the unit are still "the owners" responsibility. Siding fell and tore a hole in my window screen and they said "if it didn't enter the unit its on you to fix it." They refused to help when contacted about an infestation until more than two units complained. They have open permitted parking but do not regularly patrol to keep people from parking where they shouldn't. The main contact doesn't respond unless you pester and then the answer is typically a "No". Got an email saying I couldn't burn candles for more that 2 hours. During the winter they do not shovel or salt regularly and I have fallen twice. There is no security around the mail boxes or in general throughout the lot. The area is advertised to have a pool however it is currently (and has been for 3 years) a sandbox. For a year they charged an extra HOA fee but didn't notify what it was for. The unit residents have to keep the walking area clean of the overhang from plant life even if it's not connected to their units. I'm certain there is more wrong then right with this HOA and cannot comprehend how they can get away with so much delegation.