HOA Homeowners' Rights Task Force

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  Heather Gardens is Great, however... HB22-1137 is bad.

  by Lushy, over 2 years ago

  It is difficult to obtain compliance with our governing documents due to HB22-1137. For example, a parking violator can't be fined if the vehicle is moved within 67 days. They can then park back in the same place and the clock restarts. Same thing for nuisance problems, a short fix restarts the clock, so people can be really annoying neighbors most of the time if they cure their bad behavior on rare occasions within 67 days. There needs to be serious reworking of HG22-1137 to allow HOAs to fine those who are bad neighbors.

  It is difficult to obtain compliance with our governing documents due to HB22-1137. For example, a parking violator can't be fined if the vehicle is moved within 67 days. They can then park back in the same place and the clock restarts. Same thing for nuisance problems, a short fix restarts the clock, so people can be really annoying neighbors most of the time if they cure their bad behavior on rare occasions within 67 days. There needs to be serious reworking of HG22-1137 to allow HOAs to fine those who are bad neighbors.
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  Yes. Barbecue Smoke

  by Margaret, over 2 years ago
  Barbecue smoke should be completely disallowed. For example, a unit below mine heavily barbecued from a new high powered electric unit. Smoke disfigured my apartment and caused me considerable expense of remediation. It triggered asthmatic breathing. I was continually denied relief because there was a policy allowing electric cookers. This went on for several years until they moved away. It made me very bitter.

  
  

  I was made to feel like I worked for them, not the other way around. Attitude in the HOA office was very condescending and rude and still is. I have since moved.

  Barbecue smoke should be completely disallowed. For example, a unit below mine heavily barbecued from a new high powered electric unit. Smoke disfigured my apartment and caused me considerable expense of remediation. It triggered asthmatic breathing. I was continually denied relief because there was a policy allowing electric cookers. This went on for several years until they moved away. It made me very bitter.

  
  

  I was made to feel like I worked for them, not the other way around. Attitude in the HOA office was very condescending and rude and still is. I have since moved.
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  Natural Devolution

  by david1metcalf, over 2 years ago
  I've lived 40+ years in the same HOA, as original resident, longest resident, member and chair of multiple committees (grounds, social, recreation, information), director and president, and (for better or worse) perennial institutional memory, nag, gadfly and litigator. Most of those experiences have been productive and successful, for myself and (judging by neighbors' comments over the decades) for my community; but, admittedly, a few of my actions have been something less than salutary. I believe that, overall, it gives me a pretty thorough understanding of how HOAs succeed (for their members vs. for their ever-changing Boards) and how they often... Continue reading

  I've lived 40+ years in the same HOA, as original resident, longest resident, member and chair of multiple committees (grounds, social, recreation, information), director and president, and (for better or worse) perennial institutional memory, nag, gadfly and litigator. Most of those experiences have been productive and successful, for myself and (judging by neighbors' comments over the decades) for my community; but, admittedly, a few of my actions have been something less than salutary. I believe that, overall, it gives me a pretty thorough understanding of how HOAs succeed (for their members vs. for their ever-changing Boards) and how they often struggle and occasionally fail. It also has taught me--and repeatedly reinforced to me--how persistent human nature, individually and collectively, moves almost irresistibly toward entropy rather than improvement.

  
  

  HOAs are initially organized and structured to strengthen developers in the formative years of their individual projects, be they single-family, attached or multi-story, multi-building residences. Successful HOAs, at least early-on, reflect the balance built into their governing documents and residents' early collaborative, tutorial experience with the developer in managing the business (and cultural) interests of the community. That formative process varies significantly with the developer's insight and long-term intentions, the character and style of the liaison/mentor assigned to the HOA, and (for better or worse) the experience, intelligence, pragmatism and maturity of the residents who volunteer to work for the HOA in its early years--and beyond. If the developer cannot see beyond its limited timeline (and short-term profitability) for completing a given community, ignoring how its future reputation and profits are tied to the success of the resident-managed HOA in maintaining--even enhancing--the perceived quality and property values of the community, long-term benefits to all likely will be crippled. Unfortunately, even with all of the aforementioned planning and nurturing, the failure of subsequent volunteers to recognize and learn from the HOA's history--or apply such lessons objectively and equitably tin the face of changing conditions and new dynamics--can often lead to deterioration, disaffection and even collapse. And that is usually long after the developer has relinquished control and moved on to found other HOA-run communities.

  Dominance of a few self-serving and willful residents on the Board, in its committees and/or within the general community is an obvious factor that can lead to failure of an HOA. Another is lack of understanding, foresight and effective long-term planning, especially with regard to budgeting, spending and future reserves--but also in the failure to consider both common and individual interests when communicating (or not) with members and inducing (or forcing) compliance with continually expanding rules and restrictions. Those critical problems arise from the same interactive factors affecting almost (?) every community throughout human history: egotistical desire for control; aversion to taking responsibility; failure (even disinclination) to learn from past experience; and (possibly worst) indifference or resignation among most of the population involved. The first sign of a fatal confluence of these infections in an HOA is turning an outside manager for more than basic business functions such as accounting (income, payments, budget tracking) and contract administration--especially because the directors decide they dislike having to deal with residents disgruntled by the Board's actions, decisions or policy changes re one individual or all members. As with larger communities, right up to national issues (or beyond), a separation between power and responsibility will inescapably prove fatal. The second sign, inevitably, is a Board seeking to replace the HOA's governing documents--typically presented as "amending'" them for consistency with new (and constantly changing) legal requirements, but always increasing Board authority at the expense of homeowners' rights and, one can only conclude, strengthening the hand of the Board's attorneys (who wrote--even promulgated the "need" for--the new documents) in the event of homeowner litigation. That way leads to alienation and eventual disaster.

  So attend to legal guidelines for developers, certainly; but note that, while their actions are limited to transitory control of an HOA community, their legacy survives in the governing documents they provide and early residents' experience under a developer's mentorship. In the end, it is the evolution or devolution of the supposed maturing community, sustained or eroded by outside government statutes, that determine an HOA's long-term future.
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  secretary/treasurer

  by secretary, over 2 years ago

  I am the Secretary/Treasurer of the Buckhorn Glade HOA.

  I am the Secretary/Treasurer of the Buckhorn Glade HOA.
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  20 years history of HOA interactions

  by Skyhawk102vk, over 2 years ago
  As a former Property Manager for my small real estate company, I have had to work with many HOAs and associations. Early on I realized there was a learning curve to my understanding of their different operations, forms of communication, support or a lack of support, and responsiveness. The more I became involved, the more I began to discern cooperative verses non-cooperative companies. I have tried to maintain a balanced perspective but over the last 3-5 years, this has become more difficult. Let me explain what I mean....

  
  

  As property management companies have grown, they have become more and more... Continue reading

  As a former Property Manager for my small real estate company, I have had to work with many HOAs and associations. Early on I realized there was a learning curve to my understanding of their different operations, forms of communication, support or a lack of support, and responsiveness. The more I became involved, the more I began to discern cooperative verses non-cooperative companies. I have tried to maintain a balanced perspective but over the last 3-5 years, this has become more difficult. Let me explain what I mean....

  
  

  As property management companies have grown, they have become more and more digital thereby taking the 'person' out of the loop. This increases the ineffectiveness of the company as each owner or individual property manager attempts to solve an issue for their landlords or tenants. Lack of communication on the part of the individual real estate property manager can be interpreted as non-professional and subject to sanctions by the Real Estate Commission if the practice continues. This is not the case with Property Management companies; Different standards - one is licensed and one is not (business license only). It is not the strict interpretation of the myriad of documents (Articles of Incorporations, Covenants, Rules and Regulations, Business Meeting minutes, Declarations, By-laws, Financials, Budgets and disclosure of any existing pending legal actions) as much as it is the lack of explanation and communication that begins the complaint process. I had to threaten a company with a law-suit just to get them to communicate with me, simply because I was not the owner, but the property manager. Tenants as well have very little recourse when talking with the property manager. The apparent lack of desire (or ability) to solve a problem or issue fuels further contempt by consumers.

  Fees - This is an area that has spiraled out of reason. Fees for HOA documents that are placed on the Internet (digital) and provided by 3rd party companies is a 'cash-cow' for HOA companies. Status Letters required by Title companies (and For Sale By Owners) and Record Change Fees are purely administrative but have no constraints on how much can be charged. To pay $150 or more for HOA documents (which, by statute must be made available (Senate Bill 100) and are digitally available is pure profit to the HOA. Likewise, charging $100 for a Status letter and $350 for a Record Change Fee shows that without legislative oversight, the consumer (Purchaser or Seller) are the ones being forced to comply and pay these fees without recourse. Advance HOA specifically has confirmed the figures I quote above. This does not include the 2 x months of working capital required. Total out of pocket for a purchaser in this particular case (townhome) would be $150 + $350 + $398 + $199 (first months HOA) or $1,097. I do not assume to be knowledgeable of the various business models currently in effect for each of the management companies, their overhead, labor costs, etc., however I do know that without legislative intervention, these companies will continue to claim that increases in labor costs, salaries, consumer goods, etc., demand higher costs. Often this is simply not the case.

  Becoming involved - When I became part of an HOA board in my local community, it became much easier to understand how and why certain decisions are made. I was able to bring the consumers concerns to the table and therefore became part of the solution rather than a faceless complainer.

  Current HOA - Today I live in a professionally managed community. The HOA fees are reasonable (in my opinion) for the level of maintenance and the amenities offered. When I have contacted the sub-division representative, I was polite, professional, clearly described my request or concern and waited for a response. On three occassions I received a response within 24 hours. Even when I did not submit the documentation for my request to the proper committees, I was told what i needed to do and where to forward the requests. Patience on my part PLUS clear communication on the part of the HOA representative went a long way to receiving the approvals I was looking for. Likewise, the HOA Board communicates often with its residents through its various committees. The communications are two-way and that helps tremendously.

  Summary - Although I do not believe in legislative oversight as a first course of action, it is apparent that there are more companies relying on these fees to offset overhead than companies that do not. I do not believe that administrative costs for Status Letters an Record Change fees are anywhere equal to the amounts charged. The transfer of real property is the catalyst that energizes at least 8-14 different companies or individuals within the scope of the transaction. HOA companies are only one part of this purchase cycle but have a direct impact on the ability to affect initial value and overall costs to acquire housing. I do not challenge the right of a professional property management company (HOA) to conduct their business but there needs to be some recourse for the consumer in these areas (fees, communication, response, and results).

  
  
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  HOA Board Members and Management Companies Are Out Of Control

  by Anonymous5280, over 2 years ago

  Our family is diligent with our home's upkeep. We mow the grass every week and spray for weeds. We even power wash stains off the driveway regularly. There was one instance where the HOA sent us a nasty letter saying we needed to correct a violation of weeds in and around the yard. There weren't any. When I emailed asking for pictures or clarification, I was told that it might have been sent in error and that as long as we didn't have any weeds when they did a recheck, it would be fine. We had another instance where our... Continue reading

  Our family is diligent with our home's upkeep. We mow the grass every week and spray for weeds. We even power wash stains off the driveway regularly. There was one instance where the HOA sent us a nasty letter saying we needed to correct a violation of weeds in and around the yard. There weren't any. When I emailed asking for pictures or clarification, I was told that it might have been sent in error and that as long as we didn't have any weeds when they did a recheck, it would be fine. We had another instance where our front tree died. It was still winter, but other trees had started to sprout leaves. We had already called an arborist because we knew the year before that we would need to replace the tree. The HOA sent a letter demanding that we replace the tree within 30 days or else. We were still getting snow, and the arborist had us scheduled out 7 weeks from when we got the HOA letter. Other homeowners have had similar issues with demands and threats that seemed too early or uncalled for.

  Between the HOA and the management companies, everyone seems to be on a power trip. Demands and threats in my neighborhood are common, and we live in a well-maintained community. The authority that HOAs and board members think they have is like living in the Wild West. They are unchecked and unregulated for the most part, and homeowners have had enough.

  I am a real estate broker and have buyers and sellers who now look at homes that are not in an HOA. Even rural communities are putting HOAs in place that dictate the standards at which a house has to be built on a piece of land. The overreach is out of control.
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  Uncertainty and corruption

  by aben, over 2 years ago
  Overall the impact of the HOA that purports to apply to my home has been negative. When my wife and I first bought our house, we were told by both real estate agents that there was no HOA and the covenants on record did not apply. However, there were covenants on record that referred to an HOA and purported to apply. We were not in a position to refuse to buy the house, despite that uncertainty, because the market was difficult for buyers to access (2015).

  
  

  After the purchase, I sent a letter to the registered agent of the corporate... Continue reading

  Overall the impact of the HOA that purports to apply to my home has been negative. When my wife and I first bought our house, we were told by both real estate agents that there was no HOA and the covenants on record did not apply. However, there were covenants on record that referred to an HOA and purported to apply. We were not in a position to refuse to buy the house, despite that uncertainty, because the market was difficult for buyers to access (2015).

  
  

  After the purchase, I sent a letter to the registered agent of the corporate entity named in the covenants, to ask for copies of HOA documents (meeting minutes, rules, etc.). I received a call from the registered agent, wherein he told me that my property was not covered by that HOA. After much investigation, it turned out that the developer had named the HOA in the covenants, but he never created the corporate entity. A development adjacent to ours had created an HOA and had taken the exact name that was mentioned in the covenants. This was not that strange, as the name of that HOA was very generic and used a family name common to the various developments in the area.

  The original five owners of the properties in the neighborhood ran the non-existent HOA over the years, including a few assessments to accomplish some road construction and other smaller projects. Over the years, those owners ignored the covenants that inconvenienced them (written notices to homeowners, process for improvement approval) and made exceptions to the requirements in the covenants informally and without public deliberation (again, contrary to the requirements of the covenants). The folks who ran the HOA made the same mistake that so many other HOA boards make: they came to believe that they could make an exception to any provisions of the covenants, that the rules by which homeowners had to live were rules of men (them) and not the rule of law (the covenants). They would point to the covenants when those supported their decisions and pointed to their authority when their decisions contradicted the covenants.

  When my wife and I bought our house, the HOA had been inactive for many years (15 or so). During that time, many covenant violations had been allowed to occur without intervention from the HOA leadership. A few years after our purchase, one of the owners purporting to be part of the HOA leadership decided to wield the covenants and the HOA authority to force their neighbor to radically alter their landscaping - despite the fact that such landscaping had been in place for more than a decade.

  A homeowner meeting was called with only oral notice to the folks who happened to be at home when that owner went around the neighborhood giving oral notice. A lesbian couple living in the neighborhood attended and vigorously objected to the meeting, the authority of the people purporting to run the HOA, and the validity of the covenants. That scared off the HOA leadership for a few weeks. Eventually, the HOA leadership called another homeowner meeting, again only orally (no written notices to anyone), not all homeowners were notified of the meeting, the lesbian couple mentioned above was specifically ignored and were given no notice of the meeting, and homeowners were promised that no voting would take place at the meeting - that it was only to have an informal discussion.

  At that second meeting, the HOA leadership attempted to have a vote, ballots were handed out to only the male members of the households (our house was in my wife's name only, but I'm the one who got a ballot), and the HOA leadership attempted to convince the homeowners that the lawyers hired by the HOA leadership represented all the homeowners (this was not true) and that they had advised the leadership that the vote and the recommended decisions had been approved and recommended by such counsel. Thankfully, the majority of homeowners at the meeting refused to have a vote and expressed skepticism about the validity of the HOA and the covenants.

  Since then, the owners purporting to be the leadership of the HOA continue to attempt to wield their perceived power. New owners in the neighborhood have been approached and reminded of rules that do not exist in writing, and they have been advised of an informal process of approval of improvements that is contrary to the explicit terms of the covenants. They continue to attempt to rule by decree.
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  Support the HOAs

  by Allenroth, over 2 years ago

  Please keep in-mind that you will typically hear from people living in HOA's who do not like following the restrictions that come with the deed on their property. My feeling is that if you do not like the restrictions placed on your property with HOA's, then don't live there. It is your choice. Nobody made you live in an HOA. Those who failed to comply with rules always speak the loudest and only represent a small number. They are just angry because they were caught.

  Take the story regarding the Pagosa Lakes Property Owner's Association and the couple trying to... Continue reading

  Please keep in-mind that you will typically hear from people living in HOA's who do not like following the restrictions that come with the deed on their property. My feeling is that if you do not like the restrictions placed on your property with HOA's, then don't live there. It is your choice. Nobody made you live in an HOA. Those who failed to comply with rules always speak the loudest and only represent a small number. They are just angry because they were caught.

  Take the story regarding the Pagosa Lakes Property Owner's Association and the couple trying to build a house. Please remember, there are always two sides to the story. The accusation is that the Association changed the rules and went after the couple. The rules were not changed. The Declaration of Restrictions are clear about needing a permit and completing construction timely. A new permit is required every six months to extend a project. The Board of Directors in response to numerous complaints regarding construction taking years, increased the permit fees to encourage contractors to complete construction in a more timely fashion so neighboring property owners would not be impacted for long length of time. Visualize and put yourself in the neighbor's position having to see a construction site next to your home and listen to the noise go on for years. Not a happy harmonious community now is it. Needless to say property values decrease with extended construction going on.

  This couple proceeded to fail to renew their permit and live in their RV on the lot against the Rules and Regulations. They also were fined by the County for not renewing their permits as well State plumbing inspections. After being caught by the Association and the County and State, they proceeded to hire an attorney and come after the Association. The Association defended themselves in Court and received judgement in their favor along with being awarded attorney fees. The Judge recognized right away that PLPOA was following the governing documents and the Plaintiff did not have any evidence of value other than they did not want to pay the permit extension fee. The Association has documented time stamped photos of no work being done to this house for months, so the statement diligently working on their home is false. As it stands today, this site has been under construction for over 7 years and still going. Nice neighbors.

  The couple on the same street who cut their trees without approval were given a violation and a fine. Following the enforcement process, the owner requested a Hearing Panel. The Hearing Panel is made up of owners in the PLPOA community. They listen to the owner of why they were in violation or claim not be in violation. The Hearing Panel makes a decision and forward their recommendation to the Board of Directors. In this case, the Hearing Panel made a recommendation to lower the fine and request to plant trees in their place. The Board reviewed and accepted the Hearing Panel's recommendation. Does not seem like good 'ol boy to me, but following the Enforcement Policy.

  Over 50% of the PLPOA violations are generated from neighbor complaints. PLPOA promotes the fact that their goal is to achieve compliance and work with owners to achieve compliance versus fines. Less than 16% of all violations make it to the violation stage. The 2023 budget for fine violations is $3,500 for a community of over 6,500 lots and several million dollar budget. Wow, does this sound like an Association out of control or maybe a homeowner who was caught failing to comply with the governing documents and does not like it.

  The bottom line is you are actually hearing from owners who have a vendetta against their Association for failing to be a good neighbor. Please get all the facts before making more legislation based on here-say and

  and harming all the good owners living in HOA's. Thank you
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  What a mess!

  by Randy, over 2 years ago
  This is such a difficult problem, which has a simple solution, which will get more and more complicate in the future.

  With the absurd behavior of some owners, HOA’s have a value. The neighborhood toe our East is packed with RV’s and trailers, with some properties having 3 or 4 rv’s. It is awful.

  Our neighborhood is run by a group of close-minded autocrats, who have absurd rules that make no sense. The worst rule is the roofing requirement rule, which has everyone doing the same very expensive and very ugly stone covered metal roof which is installed improperly. Soar... Continue reading

  This is such a difficult problem, which has a simple solution, which will get more and more complicate in the future.

  With the absurd behavior of some owners, HOA’s have a value. The neighborhood toe our East is packed with RV’s and trailers, with some properties having 3 or 4 rv’s. It is awful.

  Our neighborhood is run by a group of close-minded autocrats, who have absurd rules that make no sense. The worst rule is the roofing requirement rule, which has everyone doing the same very expensive and very ugly stone covered metal roof which is installed improperly. Soar cannot be added as it voids the warrant, yet the association mandated it without consent. It is a voluntary association of owners, and they have a little clique that decides whatever they want.

  If DORA had a committee I could complain to, it is possible that they would be flexible, but since that does not exist, I am helpless. Without spending $10,000 for an attorney.

  As it is, without any reasonable government control of out of control HOA’s this problem will continue.

  I have been on condo boards, and HOA boards. Certain rules are needed, but this power that the boards wield is out of control.

  Simple: DORA needs an ombudsman with the power to say no. We have laws about contracts and the sale of properties, it is time to have control over HOA’s to keep them in a reasonable set of guidelines.

  It is currently an absurd situation. I can’t put a roof on my house without using the one the hoa demands, which is installed incorrectly by every contractor.

  And there is no one who can help.

  This is not the way a civilized society should work.

  
  
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  Homeowner + Board Member Struggling to Enforce Security Practices

  by Stacey Orin, over 2 years ago
  Hi there - I'm an 11 year resident of an older condo building in Denver. We have consistent issues with residents propping doors open, homeless people getting in and living in our stairwells, security issues with theft and breakins, etc. It is impossible to enforce violations with the new 3 strike warning, since every time a resident breaks a rule, the cycle starts over again.

  It's leading to a very insecure, unsafe community because residents aren't complying with security policies, since there's no teeth to any violation sent.

  
  

  We need to change the laws and get back to being able... Continue reading

  Hi there - I'm an 11 year resident of an older condo building in Denver. We have consistent issues with residents propping doors open, homeless people getting in and living in our stairwells, security issues with theft and breakins, etc. It is impossible to enforce violations with the new 3 strike warning, since every time a resident breaks a rule, the cycle starts over again.

  It's leading to a very insecure, unsafe community because residents aren't complying with security policies, since there's no teeth to any violation sent.

  
  

  We need to change the laws and get back to being able to enforce community violations correctly and quickly. The state needs to be very diligent to ensure a balance of a safe environment and no undue burden to owners. It doesn't need to be this difficult.

  Our association is going broke from the undue burden placed on associations and their lawyers to enforce violations that can't actually change any resident behavior.

  Help make our communities safer by changing the laws to ensure violations are correctly enforced. Look at creating different laws by density of residents. That will be a tremendous help. Don't make central Denver's violation process the same as Highlands Ranch's violation process. We have very different demographics and structures, they shouldn't be burdened by the same state-mandated violations process. Can this be done at the county level?