HOA Homeowners' Rights Task Force

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  Re-Inventing the Square Wheel

  by Robert Racansky, over 2 years ago
  

  Continually amending Colo. Rev. Stat. § 38-33.3-106.5, the “Prohibitions Contrary to Public Policy” section of the Colorado Communist Interest Ownership Act, to expand the rights of homeowners is a failed strategy for H.O.A. reform.

  For example:

  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... Continue reading

  Continually amending Colo. Rev. Stat. § 38-33.3-106.5, the “Prohibitions Contrary to Public Policy” section of the Colorado Communist Interest Ownership Act, to expand the rights of homeowners is a failed strategy for H.O.A. reform.

  For example:

  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.

  This is pattern of failure that has been repeating in Colorado -- and other states -- for decades. It is obvious that the legislature (and governor) is not serious about H.O.A. reform.

  The current paradigm of H.O.A. law

  The authority and power of an H.O.A. corporation is broad; its Directors & Officers are allowed to do anything that is not explicitly prohibited, while

  The rights of individual homeowners are narrow and constrained; they are only allowed to that which is explicitly permitted.

  needs to be reversed.

  Unfortunately, there is no interest nor political will among our lawmakers to do so.

  One way to reverse the paradigm would be to neuter the authority and power of H.O.A. corporations (and Metro Districts), limiting them to that which is only necessary to manage and maintain their common property; and make it illegal for an H.O.A. corporation to make and enforce rules on a homeowners own private property.

  If you would like to know more, check out Irony Curtain at Substack.
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  Color scheme added without notice

  by Afrazier, over 2 years ago
  I live in Maple Hill in Fort Collins. Previously we had very little in the way of a color scheme, you chose your color, send it to a committee to approve. Now it's a very small color scheme from a specific company all grays, burgundy, navy. They did not make much if any notice that it was changing. I greatly prefer the diverse colors we currently have. They are also trying to force home owners to change colors that were previously approved. Changing our color scheme was a massive overstepping power grab. I want to change my house color but... Continue reading

  I live in Maple Hill in Fort Collins. Previously we had very little in the way of a color scheme, you chose your color, send it to a committee to approve. Now it's a very small color scheme from a specific company all grays, burgundy, navy. They did not make much if any notice that it was changing. I greatly prefer the diverse colors we currently have. They are also trying to force home owners to change colors that were previously approved. Changing our color scheme was a massive overstepping power grab. I want to change my house color but want to have the freedom to choose what i want. I think cookie cutter houses make neighborhoods boring.
• Share Mastino Management/Americana HOA on Facebook Share Mastino Management/Americana HOA on Twitter Share Mastino Management/Americana HOA on Linkedin Email Mastino Management/Americana HOA link

  Mastino Management/Americana HOA

  by philboden, over 2 years ago
  I am glad the Governor is getting involved. 2 years ago my HOA served me with a cease and desist letter saying residents in our building could not meet and talk about the HOA outside of the monthly Board meetings when we were just discussing how to better our community. , I spent almost $5000 on an attorney trying to get the financials and other info I am entitled to. I now will probably have to get another attorney because I am going to have to try once more to get financials from Mastino, our management company. They are very... Continue reading

  I am glad the Governor is getting involved. 2 years ago my HOA served me with a cease and desist letter saying residents in our building could not meet and talk about the HOA outside of the monthly Board meetings when we were just discussing how to better our community. , I spent almost $5000 on an attorney trying to get the financials and other info I am entitled to. I now will probably have to get another attorney because I am going to have to try once more to get financials from Mastino, our management company. They are very secretive about the finances.

  Unfortunately, there is nothing we can do if the management company is embezzling money. There is another HOA suing them for $159,000 they say is missing but CCIOA does not cover a situation like that.

  Please go back to regulating HOA management companies.

  
  
  

  
  

  
  
  

  
  

  
  

  
  

  
  
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  HOA BoD Secretary

  by P, over 2 years ago
  We are a rural, self-managed HOA with +20 years together. We have no paid staff and contract for road maintenance and snow plowing.

  STRentals in neighboring HOAs cause issues with trespassing, vandalism and noise. STRs need increased State regulation and taxing.

  HOAs need to be able to adopt WUI fire codes when local government will not to reduce wildfire risks

  Second / absent owners make governance / consensus challenging

  Minimal HOA regulation has minimized conflicts amongst owners

  
  

  
  

  We are a rural, self-managed HOA with +20 years together. We have no paid staff and contract for road maintenance and snow plowing.

  STRentals in neighboring HOAs cause issues with trespassing, vandalism and noise. STRs need increased State regulation and taxing.

  HOAs need to be able to adopt WUI fire codes when local government will not to reduce wildfire risks

  Second / absent owners make governance / consensus challenging

  Minimal HOA regulation has minimized conflicts amongst owners

  
  

  
  
• Share Persistent Sewer Line Backup on Facebook Share Persistent Sewer Line Backup on Twitter Share Persistent Sewer Line Backup on Linkedin Email Persistent Sewer Line Backup link

  Persistent Sewer Line Backup

  by Anna, over 2 years ago
  I have lived in a townhome at Cedar Place in Lakewood, CO for over a year. In that year, my (once finished) basement has flooded with raw sewage 6 times. The problem lies in the sewer line - the responsibility of the HOA - which does not have adequate drainage to the main line. According to public records and HOA meeting minutes, this problem has existed for over 7 years. Each time, I called the HOA Management's after-hours line, wait hours for an emergency plumber to be deployed and go through the process of moving everything out of the basement... Continue reading

  I have lived in a townhome at Cedar Place in Lakewood, CO for over a year. In that year, my (once finished) basement has flooded with raw sewage 6 times. The problem lies in the sewer line - the responsibility of the HOA - which does not have adequate drainage to the main line. According to public records and HOA meeting minutes, this problem has existed for over 7 years. Each time, I called the HOA Management's after-hours line, wait hours for an emergency plumber to be deployed and go through the process of moving everything out of the basement, waiting for a team decontaminate and rip up carpet, flooring, etc. This last March when it flooded I had a tenant downstairs. A restoration crew hired by the property management company tore all the drywall, carpet, flooring, and any appliances/fixtures in the affected area. This was all done without my knowledge or consent while I was at work. I was told by the HOA and property management company that their insurance would not cover the damage as it is "studs-in", so I was forced to file a claim with my homeowners insurance. My insurance has skyrocketed and I worry they will drop me from my plan as it is the third claim I have had to make. I have gone down all the avenues I know how, including hiring a lawyer to write demand letters to the HOA in hopes of getting a plan to fix the sewer line. The HOA's legal counsel refuted claims. The HOA continues to kick the can down the road, despite 52 members of the HOA paying $275/month for services they are not providing. It is just me in the home, I used to rely on the income of a tenant to help pay my mortgage but I am now out of funds since the basement is once again, flooded. I feel rendered helpless and feel this is in an injustice to the homeowners who just want to live in a home free of constant sewage floods. Any advice is welcome.
• Share HOA Foreclosures on Active Duty Military member while Deployed to Afghanistan! on Facebook Share HOA Foreclosures on Active Duty Military member while Deployed to Afghanistan! on Twitter Share HOA Foreclosures on Active Duty Military member while Deployed to Afghanistan! on Linkedin Email HOA Foreclosures on Active Duty Military member while Deployed to Afghanistan! link

  HOA Foreclosures on Active Duty Military member while Deployed to Afghanistan!

  by HOAReformer, over 2 years ago

  The HOA filed a lawsuit to foreclose (I say steal) on my condo while I was literally in Kabul, Afghanistan Deployed as an active duty military member. And, no, unfortunately the Serviceman's Civil Rights Act (SCRA) provides minimal, if any, protections for active duty personnel when dealing with foreclosures like this. The HOA knew I was in the military and their lawyer even searched it. Yet, even after checking and knowing AND being told I was deployed, they still filed the lawsuit right in the middle of my deployment. I had a 2 months extra balance on file with the... Continue reading

  The HOA filed a lawsuit to foreclose (I say steal) on my condo while I was literally in Kabul, Afghanistan Deployed as an active duty military member. And, no, unfortunately the Serviceman's Civil Rights Act (SCRA) provides minimal, if any, protections for active duty personnel when dealing with foreclosures like this. The HOA knew I was in the military and their lawyer even searched it. Yet, even after checking and knowing AND being told I was deployed, they still filed the lawsuit right in the middle of my deployment. I had a 2 months extra balance on file with the HOA. This way, if my check (on automatic bill pay from my bank) ever got lost or delayed, I had a 2 month buffer so I would never be late or behind. I added the amount in Feb of 2010. At some point, the HOA raised dues and did not give proper notice. After a few years, they had empied my buffer of funds also without notice. This process took about 2 years and I never knew; they never told me. Looking back, the balance was about -$400 (a credit of about $400) and then, about 6 months later, they claimed I owed them about $5,000. Why? Because of fees (Actually double late fees each month, legal fees, and other charges). This allowed them to say I owed them so much that they could sue and steal my property through foreclosure. They did not follow the law, did not follow any collection policy--in fact they showed they didn't have a valid, signed, authorized collection policy--which is illegal, and made no effort to act in good faith. Again, they purposely filed a lawsuit knowing I was deployed in Afghanistan and so I could do nothing about it.

  I have all of the documentation, files, audio recordings, some videos, emails, transcripts, signed documents to verify all of this. I can play you the phone call where their lawyer acted extremely unprofessionally, refused to talk, and hung up on me. Their property manager from 4 Seasons lied over and over as well.

  
  

  I am more than happy to continue this cause to balance HOA powers and hold them accountable. Please contact me ANYTIME to discuss or continue the push to hold the HOAs accountable.

  
  

  So, I am so glad and thankful to the legislators of Colorado and everyone who has worked so hard to make HOAs stand accountable and not have so much unbalanced power. THANK YOU!!
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  Horrible and inconsistent

  by Tammie Strohl, over 2 years ago

  Our HOA in our neighborhood treats people very punitively. They are rude. They’re inconsistent with their fines. They pick and choose who they want to fine, they pick on the littlest things and if you challenge them, you better be ready for them to harass you about every little weed or every little rock that isn’t right in your yard. They tell you that you’re responsible for things that we have documentation on stating they are responsible for and they fight with you and fight with you and continue to fine you to try to get you to do what... Continue reading

  Our HOA in our neighborhood treats people very punitively. They are rude. They’re inconsistent with their fines. They pick and choose who they want to fine, they pick on the littlest things and if you challenge them, you better be ready for them to harass you about every little weed or every little rock that isn’t right in your yard. They tell you that you’re responsible for things that we have documentation on stating they are responsible for and they fight with you and fight with you and continue to fine you to try to get you to do what they feel you need to pay for when again you have documentation and it’s their responsibility. They are horrible . This is in the Buffalo Creek subdivision in Wellington. Tim Singwald a bully.
• Share No Controls to Moderate Bad Actors on the BOARD as well as HOMEOWNERS on Facebook Share No Controls to Moderate Bad Actors on the BOARD as well as HOMEOWNERS on Twitter Share No Controls to Moderate Bad Actors on the BOARD as well as HOMEOWNERS on Linkedin Email No Controls to Moderate Bad Actors on the BOARD as well as HOMEOWNERS link

  No Controls to Moderate Bad Actors on the BOARD as well as HOMEOWNERS

  by leopard, over 2 years ago

  I have lived in a SFH neighborhood of 634 homes for 15 years. For 12 years they mowed the grass and paid for operating expenses for the pool. But there was no compliance monitoring, no maintenance or repair, and the board intentionally manipulated the reserve study to artificially keep dues low. They didn't even attempt to collect on debt. The argumentative, disrespectful homeowners essentially ran the show. Now no one who did maintain their home can afford to move. So NOW we are trying to repair, update the reserve study, etc and people want to dominate our time over their... Continue reading

  I have lived in a SFH neighborhood of 634 homes for 15 years. For 12 years they mowed the grass and paid for operating expenses for the pool. But there was no compliance monitoring, no maintenance or repair, and the board intentionally manipulated the reserve study to artificially keep dues low. They didn't even attempt to collect on debt. The argumentative, disrespectful homeowners essentially ran the show. Now no one who did maintain their home can afford to move. So NOW we are trying to repair, update the reserve study, etc and people want to dominate our time over their "right" to paint their homes fluorescent green. Social media has blown up the sense of victimization to an extreme point where no one attends the meetings, reads the documents, and they think that threatening board members and posting highly edited stories for sympathy online are the way to go. Please don't exacerbate this with new, silly legislation that allows this to continue. My HOA rarely fines people and never foreclosed on anyone's home but online you'd think it happens every day from the creative stories people post. It quickly becomes emotionally overwhelming for board members who are volunteering just to help their community. I forwarded a lady the guidelines for painting once and now she's posting online that a power hungry jerk (me) has been "harassing" her. In retaliation for the presence of too many grasshoppers behind his home another homeowner told me he'd egg my house as I was trying to set up repairs for the pool gate. This was all in a single day. We get like 2 homeowners at each meeting, no matter how fun or interesting we try to make the meetings. The hate is too much. We are constantly attacked for not doing the things that last year's legislation removed as well.
• Share Nightmare Situation. HOA's default is to insist that any repair is the owner's responsibility, regardless of the circumstances. on Facebook Share Nightmare Situation. HOA's default is to insist that any repair is the owner's responsibility, regardless of the circumstances. on Twitter Share Nightmare Situation. HOA's default is to insist that any repair is the owner's responsibility, regardless of the circumstances. on Linkedin Email Nightmare Situation. HOA's default is to insist that any repair is the owner's responsibility, regardless of the circumstances. link

  Nightmare Situation. HOA's default is to insist that any repair is the owner's responsibility, regardless of the circumstances.

  by cheralex, over 2 years ago

  To whom it may concern,

  I am a homeowner who lives on N Washington St, Denver CO 80203.

  ***For the record, I have numerous emails and photos citing what I am referencing in this statement***

  On 6/26/2023 I reported a suspected leak in my bathroom ceiling to the HOA manager/CEO/Owner as well as the “temporary” Board members.

  As the week progressed, I continued to post photos via email exhibiting damage that was spreading rapidly, asking management to take some action. What ultimately transpired was a diagnosis from a plumber that the upstairs condo owner had a leak in his toilet... Continue reading

  To whom it may concern,

  I am a homeowner who lives on N Washington St, Denver CO 80203.

  ***For the record, I have numerous emails and photos citing what I am referencing in this statement***

  On 6/26/2023 I reported a suspected leak in my bathroom ceiling to the HOA manager/CEO/Owner as well as the “temporary” Board members.

  As the week progressed, I continued to post photos via email exhibiting damage that was spreading rapidly, asking management to take some action. What ultimately transpired was a diagnosis from a plumber that the upstairs condo owner had a leak in his toilet which had permeated through my ceiling creating a dangerously toxic situation. I was told by mitigation experts that the leak had caused a highly contaminated environment.

  Fast forward and it is now 8/25/2023 and I remain living in a condo with a ceiling less bathroom that I cannot adequately use due to an extremely delayed reaction on the part of the HOA, in terms of communication, direction, guidance, performance and instruction. I will add that I experience obstruction and obfuscation any and every time I ask to be given information on why the HOA and Board are holding this process up.

  The HOA refused to file an insurance claim in a timely manner, despite being told by the insurance company that it was strongly recommended that they do this, in order not to push the repairs process out longer than necessary. I have since discovered another leak, coming from the same upstairs condo. The condo owner is also a member of the Board. To date, this leak, and the damage in my unit caused by the original leak also remains unfixed.

  Since I purchased my condo (two years next March) there has been a pattern of the same type of behavior (refusing me access to things that other people are readily permitted to). I was told that I could not have my elderly dog on the property unless I could guarantee it would not do any business in the yard but instead hold its pee until I reached the grass verge with it. When I asked other residents about this rule, they looked at me like I had three heads and said that no one in the building abided by anything like that. I was also told that I could not install a washer dryer in my unit, only to find out that a number of homeowners in the building have washer dryers. I have had the telephone hung up on me. I am deeply upset and disturbed by this, as I perceive that I am being treated differently than other people/owners in the building.

  I called the HOA company up and asked who I could report my concerns to and was told:

  “There is no one to complain to because the HOA Manager owns everything: he is the CEO”. It seems suspect to me that I would be told this. Since when has it been ok for a rep of a business to tell someone there is no recourse or due process when it comes to grievances?

  The latest I have been told is that I am prohibited from being involved in communications involving finances, between the HOA and vendors that have been working with me in order to assist me to get my repairs done. The vendors express confusion and frustration surrounding continuous obstruction, obfuscation and confusion emanating from the HOA. I believe that trying to prohibit me from being present, and a participant in communications regarding the repair of my bathroom is an infringement of my civil liberties.

  There is no cohesive Board of Directors and thus no oversight when it comes to financial operations or any operation at all, quite frankly. In fact, no one who sits on the arbitrary, temporary, transitional board seems able to clarify or understand what their specific roles and duties are. When anyone living in the building questions the approach of the HOA, has concerns about transparency or holds criticism regarding what funds are being used for, their worries are minimized and silenced and they are curtly told to join the board if they have issues with the way that things are run. Bear in mind that this completely homogeneous Board seems to hold meetings once or twice a year. The fact that I was recently told that I am being left off emails involving financial planning pertaining to my condo repairs not only has me feeling inappropriately controlled, but also nervous about where my monthly dues are going; I have no idea what the money is being spent on.

  I really need help holding these HOA representatives accountable. Please advise.
• Share The road to hell is paved with good intentions on Facebook Share The road to hell is paved with good intentions on Twitter Share The road to hell is paved with good intentions on Linkedin Email The road to hell is paved with good intentions link

  The road to hell is paved with good intentions

  by Vital, over 2 years ago
  I own and assist in the rental management of several units across Aurora.

  
  

  I can tell you with little doubt that working class communities are hurting for funds and everyone in the community is affected.

  
  

  A number of owners are abusing the system, hiding behind the new laws and not fulfilling their responsibilities to their respective communities. This new wave of legislation is protection a few owners/renters but empowering multiple owners/renters to game the system and hurt everyone else.

  
  

  I am personally disheartened to the point that I am no longer willing to be an owner/manager of rental units. Responsible... Continue reading

  I own and assist in the rental management of several units across Aurora.

  
  

  I can tell you with little doubt that working class communities are hurting for funds and everyone in the community is affected.

  
  

  A number of owners are abusing the system, hiding behind the new laws and not fulfilling their responsibilities to their respective communities. This new wave of legislation is protection a few owners/renters but empowering multiple owners/renters to game the system and hurt everyone else.

  
  

  I am personally disheartened to the point that I am no longer willing to be an owner/manager of rental units. Responsible owners are vilified. HOAs are vilified. I am having a hard time understanding how this is helpful to the majority of stakeholders.

  
  

  The HOA unfriendly initiatives are causing considerable damage and weakening communities. By the time this will be realized and perhaps acknowledged by the politician class the damage will already have been done and will be irreversible. The people with financial alternatives will find ways to protect themselves. The ones mostly blames will be the very same people these new laws are designed to protect.

  
  

  I am hopeful that logic will prevail, but I am not holding my breath.