HOA Homeowners' Rights Task Force

Share Your HOA Story

• Share Both Sides on Facebook Share Both Sides on Twitter Share Both Sides on Linkedin Email Both Sides link

  Both Sides

  by TerryLowe, over 2 years ago

  I am involved with 4 HOA’s. I am on the BOD in 3 of those HOA’s, an owner member of the 4th one. Two of the HOA’s are very small, 3 and 4 units, and are easy to navigate. The third one, I’m an owner member, and it is good for me to just be on the owner member side to see how most of the community looks at their BOD. The last one, I live in and have been on the BOD 8-9 years. One of my personal goals was to be sure the decisions being made, were in... Continue reading

  I am involved with 4 HOA’s. I am on the BOD in 3 of those HOA’s, an owner member of the 4th one. Two of the HOA’s are very small, 3 and 4 units, and are easy to navigate. The third one, I’m an owner member, and it is good for me to just be on the owner member side to see how most of the community looks at their BOD. The last one, I live in and have been on the BOD 8-9 years. One of my personal goals was to be sure the decisions being made, were in line with the Condo Declarations. It was difficult, as our community had previously been run on “ the whims of the BOD”. Each community has different challenges, and needs to be governed by the declarations, not hastily made state laws that came from a few bad apples. The new laws are creating entitled homeowners who think they do not need to follow the declarations.
  I would suggest:
  1. Homeowners need to understand that they are agreeing to the Condo Decs at their closings.

  2. Not all homeowners understand what they have signed. Classes need to be available for homeowners to understand Condo Decs and the process of how violations work. There should be a required class for homeowners who have repeatedly violated rules, or who are not paying dues. Owners who believe they are entitled, don’t take the time to understand they actually could loose their home over a series of mild violations or continually missing dues payments. Some owners just don’t understand the severity of, say parking in the wrong place, or constantly leaving trash cans or debris in the common area. They are violating the rules, and the BOD has an obligation to to enforce the Condo Decs so all can enjoy the community. BOD’s do not see violations and legal action to punish one owner, but instead to keep the promise of the community declarations for all the homeowners of the community.
  
  DORA could create classes that educate new community members, and have required classes to help those who have violations, and have no idea that they could loose their homes.
  We cannot have laws that let one owner NOT pay dues/violations, because if one doesn’t pay, it sets the tone for no one to pay. HOA communities need to show a sense of equality, and they certainly need funds to pay bills.
  Please see both sides of the issue.

  
  

  Thank you,Terry Lowe

  
  

  
  

  
  
• Share Work Session Abuse on Facebook Share Work Session Abuse on Twitter Share Work Session Abuse on Linkedin Email Work Session Abuse link

  Work Session Abuse

  by fdunn, over 2 years ago

  While serving on an HOA Board, it became apparent to me that work sessions were being abused. While, technically, there were no actions taken, thus avoiding the open meetings requirement, the fuller truth was that decisions were being made informally. Consequently, there was no real debate among directors when it came to subsequent formal board meetings, so an observer at that point was not getting anything close to the whole story behind votes. The decisions had already been made in secret and informally during work sessions. I know the counter argument well: we need to get work done and having... Continue reading

  While serving on an HOA Board, it became apparent to me that work sessions were being abused. While, technically, there were no actions taken, thus avoiding the open meetings requirement, the fuller truth was that decisions were being made informally. Consequently, there was no real debate among directors when it came to subsequent formal board meetings, so an observer at that point was not getting anything close to the whole story behind votes. The decisions had already been made in secret and informally during work sessions. I know the counter argument well: we need to get work done and having members looking over our shoulders would interfere with that. I think the only way having members looking over one's shoulder interferes is in making a director think twice about what they may say. The latter is a good thing. I believe both Florida and California have made work sessions subject to their open meetings laws. I think Colorado should as well. Doing so with some harmless softening, like relaxing notice requirements or restricting work session observation to Zoom, would add to transparency while avoiding interference with getting work done.
• Share Affordable Housing on Facebook Share Affordable Housing on Twitter Share Affordable Housing on Linkedin Email Affordable Housing link

  Affordable Housing

  by Larry V, over 2 years ago

  I think we need town meetings to fully discuss the pro and cons of HOA boards and residents rights. In a nutshell here are a few of my concerns:

  1. Reserve studies and how HOA boards may spend the money to have them completed but do they do anything with the studies?

  2. Ongoing education for HOA board members as well as HOA Boards providing ongoing education for their communities.

  3. In addition to board meetings it should be required for HOA Boards to have at least quarterly communication with their residents via email or if that is not available... Continue reading

  I think we need town meetings to fully discuss the pro and cons of HOA boards and residents rights. In a nutshell here are a few of my concerns:

  1. Reserve studies and how HOA boards may spend the money to have them completed but do they do anything with the studies?

  2. Ongoing education for HOA board members as well as HOA Boards providing ongoing education for their communities.

  3. In addition to board meetings it should be required for HOA Boards to have at least quarterly communication with their residents via email or if that is not available mail quarterly newsletters.

  4. We have a Master HOA and a Condo HOA board which we pay dues to both HOA's. Our HOA is approximately 30 years old and I have lived here for 6 years. The last few years our dues for both HOA's have went up. This to me is unsustainable and their needs to be an easier legal way to get out of the master HOA.

  5. Insurance premium's for the HOA continue to go up and in order to keep this affordable HOA increase their deductible which continues to impact their bottom line.

  I would love to spend time with the task force to work on alternatives that might be available to HOA residents.
• Share Evening the Playing Field on Facebook Share Evening the Playing Field on Twitter Share Evening the Playing Field on Linkedin Email Evening the Playing Field link

  Evening the Playing Field

  by Doug, over 2 years ago

  Recent legislation has tilted strongly in favor of protecting homeowners, especially those behaving badly, at the expense of HOAs, the vast majority of which govern responsibly. If the news reports are accurate, many of these new laws were inspired by actions taken by a few rogue HOAs that most would regard as unfair and overreaching. Yet the “one size fits all” approach adopted in ensuing legislation winds up punishing all HOAs, good and bad.

  HB 22-1137 is a good example. Adopted following news reports about egregious enforcement and collection practices at one particular HOA, the law saddles all HOAs with... Continue reading

  Recent legislation has tilted strongly in favor of protecting homeowners, especially those behaving badly, at the expense of HOAs, the vast majority of which govern responsibly. If the news reports are accurate, many of these new laws were inspired by actions taken by a few rogue HOAs that most would regard as unfair and overreaching. Yet the “one size fits all” approach adopted in ensuing legislation winds up punishing all HOAs, good and bad.

  HB 22-1137 is a good example. Adopted following news reports about egregious enforcement and collection practices at one particular HOA, the law saddles all HOAs with new complex, expensive, and time-consuming enforcement and collection hurdles and reduces the incentive for violators to comply voluntarily, forcing HOAs to resort to even more complex, expensive, and time-consuming litigation.

  Another example is HB 21-1310. News reports at the time suggest this law was inspired by an HOA that tried to enforce a non-discriminatory ban on all types of signs. The result is a law that prohibits HOAs from enforcing any restrictions on signs based on content, even those that espouse racist, homophobic, obscene, or other hateful messages.

  There are certainly legitimate concerns that need to be addressed from time to time, but more careful thought needs to be given to the impact of remedial legislation on HOAs that govern responsibly. Most HOA homeowners rely on the protections afforded by their HOA governing documents, and do not want to see those protections taken away. When overly broad restrictions are placed on HOAs and their governing documents, the only winners in HOAs that govern responsibly are those few homeowners who choose to behave irresponsibly. More targeted legislation is needed to fix problems that impact a few homeowners without creating even bigger problems for all homeowners.
• Share HOA Board Dictators on Facebook Share HOA Board Dictators on Twitter Share HOA Board Dictators on Linkedin Email HOA Board Dictators link

  HOA Board Dictators

  by resident, over 2 years ago

  In the HOA where I live, the Board makes all of the decisions regarding spending our funds with no or little input or vote from the residents. A $20,000+ additional sign was erected at the entrance, which serves no purpose; a $5,000+ sidewalk was installed that only leads to a street, not another sidewalk and was not in the original site design approved by the City of Aurora; the entrance was redesigned at a cost of thousands as well as the security gate was removed (the info sheet for removal contained absolutely nothing about the security it would offer, and... Continue reading

  In the HOA where I live, the Board makes all of the decisions regarding spending our funds with no or little input or vote from the residents. A $20,000+ additional sign was erected at the entrance, which serves no purpose; a $5,000+ sidewalk was installed that only leads to a street, not another sidewalk and was not in the original site design approved by the City of Aurora; the entrance was redesigned at a cost of thousands as well as the security gate was removed (the info sheet for removal contained absolutely nothing about the security it would offer, and many of us moved here because it was to be a gated community so it was not a proper vote proposal containing pros and cons). The President handpicks those he wants on the Board so he has no one to disagree with any of his decisions. There needs to be a provision in CCIOA on Board term limits and that a resident can only serve so many times on a Board (we have had others run for the Board but certain Board members collect ballots and offer to help fill them out to prohibit anyone else getting on the Board) and that all expenditures over maybe $5,000 have to be put to a vote of the residents. There should also be a requirement that a certain % of Reserves should be maintained as well as a provision that assessments can only be raised a certain % each year. The Board members do not want to discuss anything with an individual homeowner; homeowners are told to attend the meetings and publicly ask their questions. The Board makes rules and regulations that are in conflict with the Declarations. And, when we had a construction defect claim with the last and final developer here, the certain members of the Board stopped the inspections thus prohibiting the lawyer from doing their work and reducing our opportunity to get more money from the developer. Why would any Board to this to the residents? It is especially frustrating when the Board signs a contract and then refuses to make the contractor abide by those terms. Residents have offered ways to reduce contract costs; however, the Board refuses to consider these suggestions and continues with their own agenda. And, there needs to be an agency in the state that can enforce HOA laws instead of just telling a resident to hire a lawyer if there is an issue. If a resident pays a lawyer, the Board's lawyer is also at our expense so now the resident is paying for both lawyers.
• Share AWOL: 1 governor, 35 senators, 65 representatives on Facebook Share AWOL: 1 governor, 35 senators, 65 representatives on Twitter Share AWOL: 1 governor, 35 senators, 65 representatives on Linkedin Email AWOL: 1 governor, 35 senators, 65 representatives link

  AWOL: 1 governor, 35 senators, 65 representatives

  by fnr, over 2 years ago
  HB22-1137 is a disaster for aging, high-rise condominium buildings. The General Assembly and the governor weren't paying attention in 2022. Twelve months ago, it was widely "understood" that things would be "fixed" in the 2023 session. Today: Nada.

  
  

  I get why the bill was drafted, even as those responsible are now backtracking on the history. But a suburban HOA and a downtown apartment building have very different dynamics. The bill's reference to posting delinquency notices on the perimeters of "lots" gives the game away.

  
  

  When you purchase a condominium unit in our building, you can figure that about 1/3 of... Continue reading

  HB22-1137 is a disaster for aging, high-rise condominium buildings. The General Assembly and the governor weren't paying attention in 2022. Twelve months ago, it was widely "understood" that things would be "fixed" in the 2023 session. Today: Nada.

  
  

  I get why the bill was drafted, even as those responsible are now backtracking on the history. But a suburban HOA and a downtown apartment building have very different dynamics. The bill's reference to posting delinquency notices on the perimeters of "lots" gives the game away.

  
  

  When you purchase a condominium unit in our building, you can figure that about 1/3 of what you pay is for your unit's interior, and 2/3 is for your ownership share in the association. As a result, there may occasionally arise substantial special assessments to upgrade common elements; in our case, 5-figure amounts for units both large and small. Being able to enter into an 18-month payment plan at $25 per month causes considerable cash flow issues for the association. Our deferred maintenance baby has been thrown out with the over-aggressive-fining associations' bathwater.

  
  

  From my limited vantage point, this appears to be gross legislative negligence. But I'd be happy to hear alternative explanations.
• Share Homeowner to HOA Board Member - Back to Homeowner on Facebook Share Homeowner to HOA Board Member - Back to Homeowner on Twitter Share Homeowner to HOA Board Member - Back to Homeowner on Linkedin Email Homeowner to HOA Board Member - Back to Homeowner link

  Homeowner to HOA Board Member - Back to Homeowner

  by KHP, over 2 years ago

  I became an HOA Board Member, of a 22-member condominium community, due to mismanagement of prior management companies within our HOA. It was a challenge for our community to become self-managed as most homeowners did not want to become involved, and an opportunity for a new board to "show and tell" the neighborhood as to the benefits of being self-managed, both financially and professionally. In that respect, more homeowners were pleased with the prompt attention to the community, since the board members actually lived within the confines of the HOA. Within the first year, there were multiple repairs that had... Continue reading

  I became an HOA Board Member, of a 22-member condominium community, due to mismanagement of prior management companies within our HOA. It was a challenge for our community to become self-managed as most homeowners did not want to become involved, and an opportunity for a new board to "show and tell" the neighborhood as to the benefits of being self-managed, both financially and professionally. In that respect, more homeowners were pleased with the prompt attention to the community, since the board members actually lived within the confines of the HOA. Within the first year, there were multiple repairs that had not been done by any of the management companies. The previous board engaged vendors that were, clearly, a conflict of interest, and gave poor performance for services paid by the HOA. Additionally, the HOA's governing documents were over 14 years out-of-date, and were not being followed - basically, the board and management company were doing whatever they wanted to do, and giving themselves perks that no one else in the community was benefiting from.

  Obviously, the self-managed approach angered those who had been on the board, as their lack of due diligence became exposed. The homeowners were paying dues, but nothing was being done, except making the management company rich off our monies, and no financial accountability was transparent.

  Personally, either HOA's are to be regulated, or HOA's need to be abolished. HOA's are quickly becoming tyrannical dictatorships, and imposing their own personal agenda on others who do not share their viewpoints. Every day, there are multiple articles expressing dissatisfaction of the bullying tactics by the board, management company, or both, against honest homeowners. As more of these HOA communities spring up, it will only anger, divide, and consequently end up costing the homeowners and the HOA's thousands of dollars; essentially putting HOA's into foreclosure, bankruptcy or receivership.
• Share It Could Be Better on Facebook Share It Could Be Better on Twitter Share It Could Be Better on Linkedin Email It Could Be Better link

  It Could Be Better

  by CDGleneagle, over 2 years ago

  HOAs are designed to maintain the value of a neighborhood thorough thoughtful CC&Rs, Rules and Regulations, and careful management.

  Too often, and witnessed daily in my self-managed HOA, properties are being neglected. I understand the difficulties of policing neighbors, but Realtors, Buyer's Agents and potential buyers should be aware of the Covenants and respect the intention, if not the actual words written for anyone to read.

  Yes, "this is America", but homeowners should be held to the covenant stipulations, so they, and all owners are protected by the contract signed with the HOA when they purchase a home in a... Continue reading

  HOAs are designed to maintain the value of a neighborhood thorough thoughtful CC&Rs, Rules and Regulations, and careful management.

  Too often, and witnessed daily in my self-managed HOA, properties are being neglected. I understand the difficulties of policing neighbors, but Realtors, Buyer's Agents and potential buyers should be aware of the Covenants and respect the intention, if not the actual words written for anyone to read.

  Yes, "this is America", but homeowners should be held to the covenant stipulations, so they, and all owners are protected by the contract signed with the HOA when they purchase a home in a covenanted community.

  Board members need to be above reproach and lead by example when any owner reports an issue. Board members should also be open to resolving issues regardless of their personal opinions.

  In my HOA, the lack of covenant enforcement is very obvious. It is frustrating to see the dead landscaping, multiple vehicles on lots, peeling paint on homes, and dead trees. I know from experience that these issues have been submitted to the BoD, yet the area is becoming more and more neglected.
• Share HOA's are needed! on Facebook Share HOA's are needed! on Twitter Share HOA's are needed! on Linkedin Email HOA's are needed! link

  HOA's are needed!

  by Jill, over 2 years ago

  I have lived in an HOA for over 30 years and I love it and would never live in a place that didn't have a strong HOA. My biggest complaint is about people who move into these communities and believe they can do whatever they want to the outside of their homes. These same people get upset when they don't follow the covenants that they break and are surprised and mad when they get a notice from the HOA to fix the problem. I often wonder if they truly understand that there are rules that everyone has to follow to... Continue reading

  I have lived in an HOA for over 30 years and I love it and would never live in a place that didn't have a strong HOA. My biggest complaint is about people who move into these communities and believe they can do whatever they want to the outside of their homes. These same people get upset when they don't follow the covenants that they break and are surprised and mad when they get a notice from the HOA to fix the problem. I often wonder if they truly understand that there are rules that everyone has to follow to keep our neighborhoods from looking terrible and unsightly. I also wonder if the realtors can help educate their buyers on the pro's and con's in living in a covenant controlled community? It should not be taken lightly, and these buyers need to understand what they are getting into before they buy. If it's not for you don't buy in these neighborhoods. I can go into a neighborhood and know if they have soft or strong covenant controls. The first sign is if there are RV'S and boats on the side or backyard. I don't want to look at an RV or boat next to me. I'm not against these items, it just doesn't belong in your yard. If you can't abide by the rules (no RV's, boats, trailers, terrible paint color choices, unkept yards, no parking on the lawn, stored cars, trash, no chickens in the backyard) don't live in this type of HOA community. It's very simple. There are many places to live where there are no rules and you can do whatever you want to your house and neighborhood. I also get tired of these same people that will most likely say "this is my property and you can't tell me what I can and can't do to it". I really appreciate my HOA and am very protective of my house and what it looks like and spend many hours to keep it this way. I not only do it for me, I do it for my neighbors and my neighborhood/community. It's maintaining value because of these rules. It is proven that property values are stronger when there are HOA'S, and the communities are well kept overall. We can't continue to take away and diminsh control of our HOA'S.

  
  

  
  
• Share HOA Financial Assistance Program on Facebook Share HOA Financial Assistance Program on Twitter Share HOA Financial Assistance Program on Linkedin Email HOA Financial Assistance Program link

  HOA Financial Assistance Program

  by alison.ellis.cedp, over 2 years ago
  Hello,

  
  

  I work for the Community Economic Defense Project's Emergency Mortgage Assistance Program. We provide financial assistance to homeowners, including HOA balances due. I have worked with a client recently who was in a legal process with her HOA for nonpayment of a fine that she had been trying to dispute for several years. I saw the HOA legal fees climb up rapidly even in the 2 weeks that I worked with her, the HOA attorney had added an extra $3,000 in legal fees just in that time period to the already over $50,000 balance she had. Another client I... Continue reading

  Hello,

  
  

  I work for the Community Economic Defense Project's Emergency Mortgage Assistance Program. We provide financial assistance to homeowners, including HOA balances due. I have worked with a client recently who was in a legal process with her HOA for nonpayment of a fine that she had been trying to dispute for several years. I saw the HOA legal fees climb up rapidly even in the 2 weeks that I worked with her, the HOA attorney had added an extra $3,000 in legal fees just in that time period to the already over $50,000 balance she had. Another client I assisted experienced an economic hardship and was struggling with paying their housing expenses. The client had requested assistance for water from us so that they could water their grass enough to have it be to the HOA's standards, they were concerned their water would be shut off and would then also be fined by their HOA for their grass. It was disheartening to speak with this client who was already concerned about having utilities on and keeping their home amidst and financial crisis, experience stress about the liveliness of their grass which could result in unaffordable fines from their HOA.

  
  

  Thank you for taking the time to read my story.

  
  

  
  

  Best,

  
  

  Alison Ellis