HOA Homeowners' Rights Task Force

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  Never fully follow law or covenants

  by Carlos, over 2 years ago
  We’ve had decades of experience with several HOA’s. In every instance, the boards and their accountants and lawyers violated the law and the precise terms of the declarations and covenants. They felt that their priorities could take precedence and they usually got away with it in a heavy handed fashion by limiting the homeowner’s ability to speak at meetings, contact other property owners. The fact that they could engage lawyers at the homeowners expense encouraged illegal and oppressive behavior. HOA directors should be personally liable for any overreaching actions.

  We’ve had decades of experience with several HOA’s. In every instance, the boards and their accountants and lawyers violated the law and the precise terms of the declarations and covenants. They felt that their priorities could take precedence and they usually got away with it in a heavy handed fashion by limiting the homeowner’s ability to speak at meetings, contact other property owners. The fact that they could engage lawyers at the homeowners expense encouraged illegal and oppressive behavior. HOA directors should be personally liable for any overreaching actions.
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  HOAs are like herding cats

  by nobody, over 2 years ago

  Until I became a full time Owner-Resident in my primary home HOA, I was drafted to become the President in 2010.

  That was 13 years ago and have served on the Board (BOD) every year since then. Being re-elected was not an issue for other and new Owners and served for the last 7 years as an Owner-Resident.

  In the same time period, I also owned property in 2 other HOA communities and participated as Owner-occupant when possible, at BOD meetings, but not as a BOD member. some say I must be nuts or a glutton for punishment.

  I do... Continue reading

  Until I became a full time Owner-Resident in my primary home HOA, I was drafted to become the President in 2010.

  That was 13 years ago and have served on the Board (BOD) every year since then. Being re-elected was not an issue for other and new Owners and served for the last 7 years as an Owner-Resident.

  In the same time period, I also owned property in 2 other HOA communities and participated as Owner-occupant when possible, at BOD meetings, but not as a BOD member. some say I must be nuts or a glutton for punishment.

  I do listen to DORA presentations and follow 'HOA legal issues' as time allows.

  Observing the HOA legal developments since 2010, I have noticed, learned and my primary reasons for participating are as follows:

  I participate to protect my property value and monitor or participate in financial stability and health of the HOA assets.

  Since I have a strong background in real estate, it is a requirement to ensure HOA management follows good practices and maintains good legal principles.

  If an Owner member is willing to serve, others are happy to let others do the work, manage. Serving on a BOD is a "thankless job".

  A portion of Owners seem to have a weak understanding of financial management that must apply to a sound HOA. They must be led with excessive communications.

  A portion of Owners ignore or have little sense of reading email or notice letters sent to them by the HOA BOD.

  New Owners typically state they were provided some docs of HOA disclosures, but few read them or understand they have acquired a property in a "covenant controlled community". Offending owners typically learn about the R&Rs by breaking them and receiving reminders of their transgressions.

  This discipline of legal transfer MUST be improved by the Real Estate community and DORA and many licensed brokers fail to adequately inform new buyers in the purchase processes.

  Owners are quick to criticize, but mostly fail to attend BOD meetings or read minutes that affect them .

  Owners fail to realize the HOA financial matters are a primary purpose of the BOD and tend to be critical of small business decisions when they failed to participate in the decision processes.

  A few of HOA boards have made bad community decisions and the press has made false assumptions ALL BODs are bad and must be more regulated. This trend is headed in the WRONG direction and over regulation will cause BODs to evaporate since managing will be more restrictive in accomplishing needed HOA priorities.

  The trends of regulation, ie HB1137, are undermining basic real estate laws and has begun to be setting fundamental restrictions on private property ownership, especially in HOAs and by HOA boards. It should be repealed and re-examined for its lack of purpose and benefit. Case law will take too long and liberal application of misguided regulation will cause financial hardship in BOD decisions, a trend that discourages good and financially stable HOA ownership.

  CO Legislators are listening to some of the most uninformed legislators and influencers from outside the HOA realities. The concept of some kind of 'task force' to find and sort facts and reality of any HOA issue is a good and healthy direction BEFORE presentation of HOA new laws to the Legislature.

  
  

  
  

  
  
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  New Laws Severely Debilitating to Associations

  by Manager, over 2 years ago

  I am a manager of multiple community associations. The new laws, in particular last year's changes, are extremely slanted against associations and in favor of owners. The time and hoops to jump through for a manager to effect enforcement are not built into many manager's business models. They can't process the policies while also continuing effective management, forcing them to pass on the need/costs to an association's lawyer. Consequentially, the cost to process violations, not to mention if you can even get to a consequence that is enough of a deterrent to cause the action or inaction to stop, is... Continue reading

  I am a manager of multiple community associations. The new laws, in particular last year's changes, are extremely slanted against associations and in favor of owners. The time and hoops to jump through for a manager to effect enforcement are not built into many manager's business models. They can't process the policies while also continuing effective management, forcing them to pass on the need/costs to an association's lawyer. Consequentially, the cost to process violations, not to mention if you can even get to a consequence that is enough of a deterrent to cause the action or inaction to stop, is not financially viable for many associations. The result is owners now know there's basically no significant consequence for violations. The laws have removed the teeth from enforcement.
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  Redhill Forest HOA Board Fails to Comply with Association Bylaws

  by Shadow, over 2 years ago

  My wife LInda and I have been members of the Redhill Forest HOA for over 30 years.

  Over the last two years, the Board of Managers has been taken over by individuals who are against the majority of property owners in Redhill Forest, located near Fairplay, Colorado who are authorized to use their Lots for camping.

  In non compliance with the Association's governing Bylaws, the Board failed to hod the Annual Member's Meeting on the date and location required. Prior to that, during the previous Annual Member's Meeting, the Board refused to allow a Redhill Member to propose an ammendment... Continue reading

  My wife LInda and I have been members of the Redhill Forest HOA for over 30 years.

  Over the last two years, the Board of Managers has been taken over by individuals who are against the majority of property owners in Redhill Forest, located near Fairplay, Colorado who are authorized to use their Lots for camping.

  In non compliance with the Association's governing Bylaws, the Board failed to hod the Annual Member's Meeting on the date and location required. Prior to that, during the previous Annual Member's Meeting, the Board refused to allow a Redhill Member to propose an ammendment to the Bylaws as allowed and arbitraily cancelled the use of Proxies for voting as required by the Bylaws. The means by which Members are required to be provided ballots and qualified to vote were also not adhered to.

  The only way Colorado HOA members can stop Board's from ignoring their Governing Documents is to give DORA the power to investigate Member complaints and enforce adherence to State laws.
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  “A dream gone wrong” corrected

  by yzergod, over 2 years ago

  This is the other side of the story for the submission titled “a dream gone wrong “.

  I support and applaud the property owner’s association for upholding the declarations of restrictions. It is the main reason I wanted to buy property within an association. While I do not agree with all of the rules, I understand the reasoning behind them.

  The owners being referred to in “A dream gone wrong” had gone before the ARC for their home permit and were denied building a garage first and living in their RV during construction, both of which are against the rules... Continue reading

  This is the other side of the story for the submission titled “a dream gone wrong “.

  I support and applaud the property owner’s association for upholding the declarations of restrictions. It is the main reason I wanted to buy property within an association. While I do not agree with all of the rules, I understand the reasoning behind them.

  The owners being referred to in “A dream gone wrong” had gone before the ARC for their home permit and were denied building a garage first and living in their RV during construction, both of which are against the rules of the association. This is public record and available on the association’s website (where I was directed to and found). The owners proceeded to do it anyway. I applaud the association for upholding the declarations of restrictions. The owners proceeded to do it anyway, thumbing their nose at the regulations. The declarations for the association also require all projects be done in a timely manner with permits and consecutive extensions required every six months. At the third year of this project, with the construction impacting the neighbors, the association (factoring in other long-term projects) changed the amount of extension fees to an escalating scale to deter owners from homesteading their build over many years. The owners of this property then let their permit expire, refusing to pay the new extension fees that all owners are required to pay resulting in violations. Stop work orders were issued by both the county and the association for not following the outlined processes. This led to litigation instigated by the owners resulting in the court ruling in favor of the association. The surrounding neighbors (possibly including the author of the article entitled, “A dream gone wrong”) that testified during the trial verified the owners were living in an RV in their garage against the rules. At the time of the trial, they had not started the construction of the home. After losing the court case, the owners continue to this day to disparage the association. Their house is still not complete and it is an eyesore to the neighborhood. A house is being constructed on the lot next door (that is almost finished) has gone up in less than a year while this couple’s home is still in the framing stage after over 5 years. Some of the neighbors in that neighborhood are angry against the association for following the declarations of restrictions and the rules and regulations, and are unjustly bad mouthing the association (who is protecting all the owners) by making all owners follow the state supported policies. But not all neighbors agree.

  
  It is the angry minority of people like this that make associations appear to be bad and do not take an account the silent minority of people who applaud the efforts of upholding our property values, and keeping people to task on the rules of which we approve of. Property values in this community have skyrocketed (as have vacation rental properties, which are a problem within themselves), resulting in a boom in the local economy. There are other neighborhoods outside of the association that have not enjoyed this.

  The author of “A dream gone wrong” then goes on to bash another neighbor and the facts he includes are vastly incorrect on the matter. I know as this neighbor is my friend.

  The recent house bills and governor approval of them, has stripped away all associations ability to react quickly to simple violations such as parking in the center of a yard or garbage that an animal has gotten into by mandating that owners are allowed 30 days to correct such simple issues. There are flags that say “f@#$ Biden” flying throughout our neighborhoods for children to see. And, it would seem that common sense in regards to why people want associations has gone out the window. I fully support wanting more transparency holding associations accountable for the rules they have to follow as it is only fair to us property owners.

  I beg the commission to take into consideration that individual complaints from sour apples such as this does not reflect the silent majority of those who enjoy and approve of (for the most part) what our associations are doing. Please use an “every man” common sense when reacting or implementing new house bills as knee-jerk proposals do not take all aspects into consideration. With over regulation from all entities, we need to get back to common sense management of what it home and property owners associations are in charge of.

  Thank you.
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  Lack of HOA support for small condo complexes

  by KenMoh, over 2 years ago
  I own a unit in a 12-unit condominium. For years we were self-managed. The difficulty with only 12 units/owners is that it has been difficult/impossible to find enough qualified members to serve on our 4-member board. As a consequence, we have resorted to hiring a property management company. There are very few property management companies that are willing to contract with small unit HOA's. Even the one that agreed to contract with us has not served us well as we are a small percentage of their business. Others who are willing to support us want excessive fees based on our... Continue reading

  I own a unit in a 12-unit condominium. For years we were self-managed. The difficulty with only 12 units/owners is that it has been difficult/impossible to find enough qualified members to serve on our 4-member board. As a consequence, we have resorted to hiring a property management company. There are very few property management companies that are willing to contract with small unit HOA's. Even the one that agreed to contract with us has not served us well as we are a small percentage of their business. Others who are willing to support us want excessive fees based on our small size. What can be done to help small unit complexes with this dilemma? We are unable to self-manage and cannot find or afford a property manager. I consider our HOA now not managed, thus no organization nor enforcement.
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  Member, Treasurer, President

  by dsumner, over 2 years ago
  I have had many roles with my HOA, member, Treasurer and President. I understand there have been situations where HOAs have adjusted their power and that has resulted to laws to limit HOA capability to impose financial penalties, etc. However, I believe those changes have gone too far. At this the abilities of an HOA to help insure property values are maintained as well as safe neighborhoods has been severely limited.

  I have had many roles with my HOA, member, Treasurer and President. I understand there have been situations where HOAs have adjusted their power and that has resulted to laws to limit HOA capability to impose financial penalties, etc. However, I believe those changes have gone too far. At this the abilities of an HOA to help insure property values are maintained as well as safe neighborhoods has been severely limited.
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  no information from HOA

  by Chaplain, over 2 years ago
  We get no information on anything! E-mails ignored, no contact from board members. No minutes from board meetings. Management company equally unresponsive. Rules are enforced but only on selected owners. I had been head of neighborhood watch program, but resigned after getting told I was to report anything to management company, not sheriffs dept. no matter what.

  We get no information on anything! E-mails ignored, no contact from board members. No minutes from board meetings. Management company equally unresponsive. Rules are enforced but only on selected owners. I had been head of neighborhood watch program, but resigned after getting told I was to report anything to management company, not sheriffs dept. no matter what.
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  The HOA help my ex steal my future

  by Taken4aRide, over 2 years ago
  This is a story about two broken systems.

  
  I lived in an hoa community and paid the dues during my contentious divorce. I was supposed to get the house. The HOA sued me twice for dying grass. The first time, I spent $5500 on new landscaping. There was no fine. I wasn’t getting support from my ex despite court orders. I used LEAP for my heating bill and food banks to survive. I did not have money for a high water bill.

  
  

  My ex filed 5 different quit claim deeds. All were incomplete and did I not get ownership of... Continue reading

  This is a story about two broken systems.

  
  I lived in an hoa community and paid the dues during my contentious divorce. I was supposed to get the house. The HOA sued me twice for dying grass. The first time, I spent $5500 on new landscaping. There was no fine. I wasn’t getting support from my ex despite court orders. I used LEAP for my heating bill and food banks to survive. I did not have money for a high water bill.

  
  

  My ex filed 5 different quit claim deeds. All were incomplete and did I not get ownership of the property. I was ordered to sell the house to pay him $13,000. He convinced a judge that he could sell the house if the court would sign the deed to him. He sold it for $240,000. Here is where the HOA comes in, he allowed them to have $20,000. The second lawsuit had been filed, and I was ordered to complete mediation. I proved to the HOA’s attorney I did not own the property. He said he would take it up with the lead attorney and get back to me. I never heard back. The case was dismissed.
  
  

  So without a trial, a hearing, a judgment the HOA got a windfall at my expense. My ex had allowed every expense imaginable in order not to pay me a dime. And the HOA was the beneficiary. And because I never owned the property, I wasn’t entitled to question them.
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  HOA – The scary part of an HOA

  by Asantorno1, over 2 years ago
  Living in an HOA Community has its pros and cons. For someone on a fixed income the big con is how much they can raise the dues, either monthly quarterly or annually. It's quite scary for someone with a disability, HOAs have control over everything! They control what kind of animal you can have how many animals you can have, what type of animal you can have~ even though you took out a loan to buy the condominium you really have no rights. I personally have had issues with the HOA. Our HOA president at one time was belligerent too... Continue reading

  Living in an HOA Community has its pros and cons. For someone on a fixed income the big con is how much they can raise the dues, either monthly quarterly or annually. It's quite scary for someone with a disability, HOAs have control over everything! They control what kind of animal you can have how many animals you can have, what type of animal you can have~ even though you took out a loan to buy the condominium you really have no rights. I personally have had issues with the HOA. Our HOA president at one time was belligerent too many people people including me, she was very unhinged.. People Can't put a Color coordinated roll up shade on your covered patio to keep the sun from bearing down facing the west. you have to abide by all the rules including what type of blind you can put up, the color of your screen door! You are cited for anything that your company does, or even if you let someone in to make a delivery they don't park in the right place, you get reprimanded and find for it all of this has happened to me anymore. I would say the biggest thing is in an HOA, is that they can just keep raising the rates and tell you no longer for to live there and you have no control. And that's where I'm at right now

  In addition, if someone is suing the HOA for any reason whatsoever, it's impossible to get a refinance or a loan until that suit is settled, and the HOA does not tell you when something like that is going on I think the HOA has way too much control!