HOA Homeowners' Rights Task Force

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  No checks and balances, lack of responsiveness and a vehicle for neighbor harassment

  by Castrocarlos6, over 2 years ago
  Let me start by saying that in the first and only HOA meeting I’ve attended in person (they’re far too long and allow for very little owner input), the board openly stated that their budget relies on the collection of fines and fees outside of the monthly assessment in order to be balanced. This already goes against the purpose of what HOAs are supposed to serve in protecting property values, and creates a culture of actively seeking to impose fines and infractions on the captive members of said HOA.

  
  

  Since buying a home and joining an HOA 2 years ago... Continue reading

  Let me start by saying that in the first and only HOA meeting I’ve attended in person (they’re far too long and allow for very little owner input), the board openly stated that their budget relies on the collection of fines and fees outside of the monthly assessment in order to be balanced. This already goes against the purpose of what HOAs are supposed to serve in protecting property values, and creates a culture of actively seeking to impose fines and infractions on the captive members of said HOA.

  
  

  Since buying a home and joining an HOA 2 years ago, I have repeatedly received fines and fees that do not correspond with the HOA bylaws, and while those that I have been able to address have been cleared, I am constantly met with complete radio silence from the board and management company when I reach out to them through their portal, which they say to use. I do not have the time or energy to be constantly fighting invalid fees when I have to go out of my way to even get a response from a human being. Let alone a resolution.

  
  I have been assessed late fees and handling fees for on time payments that exceed the value of the monthly assessment by more than 33%.
  
  This culture of silence and imposed fines without any personal contact, have empowered my neighbor to launch a campaign of harassment whereby he has cameras pointed at my backyard and property, where I am reported for “violations” that would otherwise go unnoticed by the community and HOA. It is simply impossible to fight these violations without meticulously studying the bylaws and then trying to get in contact with the board or management company, and dedicating an inordinate amount of time and effort for something that could easily be discussed and resolved via email or phone.
  
  At this point I have several unanswered responses to fines and violations, that I do not have the resources to dedicate myself to, and despite this I have to continue paying my monthly assessment to avoid being kicked out of the home I pay for!

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  

  
  
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  Transparency of HOA fees assoicated with transfer of real property

  by Rick Y, over 2 years ago
  * With no support from stakeholders including the MLS/Matrix rules and regulations committe, CAR legislative committee, my state Senate and House representatives or local boards, it took 2 years via the Contracts committee to get Section 7. of the Contract to Buy and Sell Real Estate to include the requirement that Sellers provide HOA/CIC documents and ALL fees to Buyers by the Assocation Documents Deadllines.

  * As a licensed Realtor and homeowner, for years, I have been troubled by the lack of transparency and cooperation in even obtaining tje excessive and random fees charged by Assocations or their managdment.

  *... Continue reading

  * With no support from stakeholders including the MLS/Matrix rules and regulations committe, CAR legislative committee, my state Senate and House representatives or local boards, it took 2 years via the Contracts committee to get Section 7. of the Contract to Buy and Sell Real Estate to include the requirement that Sellers provide HOA/CIC documents and ALL fees to Buyers by the Assocation Documents Deadllines.

  * As a licensed Realtor and homeowner, for years, I have been troubled by the lack of transparency and cooperation in even obtaining tje excessive and random fees charged by Assocations or their managdment.

  * I tracked and can make available a spreadsheet of over 100 transactions involving CIC communities and found the AVERAGE fee total from HOA property sales was over $1,100. My most recent transaction had over $1300 in fees, including a $450 charge for a status letter from a SECONDARY HOA, and $250 for the primary HOA.

  *I urge the consideration of legislation regulating the fees that assocaitons can charge as CCIOA is vague and allows CIC's to arbitrarily determine what they can charge, by when and who can obtain them, AND that these fees should be made easily and publicly available for review by homeowners and prospective Buyers BEFORE they decide to make an offer on a property in an HOA community.

  * I've heard there is such a thing as a website that could provide those fees publicly.

  
  
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  HOAs are not all bad

  by LRB, over 2 years ago

  There seems to be a presumption of evil in HOAs and that board members are drunk with power. I can assure you that, while there are abuses out there, the 2 HOAs that I am part of in Colorado want nothing more than for each community to get along and neighbors be able to interact with neighbors without threat of harm. Unfortunately, in both HOAs, there is a single household that is so disruptive that many neighbors are fearful. In 1 HOA in particular, the household in question repeatedly threatens lawsuits (has sued the HOA and lost already), belittles anyone... Continue reading

  There seems to be a presumption of evil in HOAs and that board members are drunk with power. I can assure you that, while there are abuses out there, the 2 HOAs that I am part of in Colorado want nothing more than for each community to get along and neighbors be able to interact with neighbors without threat of harm. Unfortunately, in both HOAs, there is a single household that is so disruptive that many neighbors are fearful. In 1 HOA in particular, the household in question repeatedly threatens lawsuits (has sued the HOA and lost already), belittles anyone who is on the board (apparently all a bunch of idiots elected by the community), and repeatedly badgers the board about issues while copying their massive tomes to state and/or local legislators/officials (who elect not to respond). This household has resulted in 2 management firms firing us, an attorney firing us, and, most recently, mass resignation of the board and am sure they are regaling this task force with all kinds of misinformation about how poorly they are treated by the HOA. Because of this household, we have no choice but to self-manage, yet finding folks to serve on the board, or on any committee, and endure the slings and arrows flung by this household is becoming extremely difficult. Everyone has the right to be heard but that right should not be abused and boards need tools to help manage these situations and protect themselves and their communities.
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  Legislation is Needed to Enable a Balance of Power in HOAs

  by K, over 2 years ago

  The problem at the root of HOAs (and special district and management companies) is that all covenants are written so that first the developer and then the board can control the association and the members. All levers of power are held by the board. There are no checks and no balances. They are the executive, the legislative, and the judiciary. They have tax and spend powers that residents have minimal input into. Nothing enforces fiscal discipline and once a board collects funds, lacking integrity, they are free to spend the money on their priorities not the budget that was passed... Continue reading

  The problem at the root of HOAs (and special district and management companies) is that all covenants are written so that first the developer and then the board can control the association and the members. All levers of power are held by the board. There are no checks and no balances. They are the executive, the legislative, and the judiciary. They have tax and spend powers that residents have minimal input into. Nothing enforces fiscal discipline and once a board collects funds, lacking integrity, they are free to spend the money on their priorities not the budget that was passed. They can implement policies without resident input and hold residents accountable for following them through fines and fees for "covenant" violations. The right of appeal is to the same board that implemented the policy and assessed the fines. Nothing requires them to work collaboratively with the membership. They can thwart the will of the legislature by administratively burdening the architectural control approval processes and making costly cosmetic demands. They can ignore the law with impunity as there is no regulatory enforcement agency. For instance, our board routinely meets with less than 24 hour notice to the membership and passes policies and makes decisions in essentially private meetings at the board members' homes. They use the flexibility in the bylaws regarding "waiver of notice" meetings to conduct board business that directly impacts the members without allowing the members any input despite the requirement in CCIOA that they do so. HOA attorney practices are also part of the problem. Their business model relies on conflict and collections as profit centers. There is no incentive for them to advise boards to work collaboratively with the membership. They are also focused on control. It is almost an inherent conflict of interest. The only recourse homeowners have is to organize and have a recall. However, again, the deck is stacked in favor of the board as the average homeowner doesn't have the time and money to do this and the numbers required to do this are high. Alternatively, the homeowners could take the board to court however that also costs a considerably amount of time and money. As the board members control the annual meeting of the members, and write the policy concerning conduct of meetings; it is virtually impossible to achieve reform or vote them out an an annual meeting. This type of management structure might serve a for profit corportation well but it puts a very few people in control of a large number of people without even as much democracy as the US and the state of Colorado have. The idea that people choose to live in HOA communities is risable. There aren't any other communities except in exceptionally old housing stock. People live in HOA communties because there isn't anywhere else to live. HOAs have many desirable qualities but like any organization where power is concentrated, the door is open to abuse that power. CCIOA needs to be rewritten to force covenants to be written with more democratic rights for the homeowners and more accountability for the board. In addition, Colorado needs an enforcement agency with the ability to administratively order changes to HOA policies and procedures and binding arbitration between Boards and homeowners.

  
  
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  What About Condos & Homeowners Who Follow Rules?

  by gvito, over 2 years ago
  I have served on my condo community's HOA Board for over five years. My first issue with 22-1137 is that the law does not address the issues that homeowners living in condos face. We live literally on top of and right next to each other. Most of our violations can be cured in a matter of moments, but by law residents now have 60-days+ to fix something that should take only five minutes. I understand that single-family homes are very different and some violations such as dealing with weeds or removing a fence that is non-conforming takes time. Moving junk... Continue reading

  I have served on my condo community's HOA Board for over five years. My first issue with 22-1137 is that the law does not address the issues that homeowners living in condos face. We live literally on top of and right next to each other. Most of our violations can be cured in a matter of moments, but by law residents now have 60-days+ to fix something that should take only five minutes. I understand that single-family homes are very different and some violations such as dealing with weeds or removing a fence that is non-conforming takes time. Moving junk off the common area landscape should take no more than moments. Please consider different rules based on the type of community.

  
  

  The other even more egregious issue is that I have homeowners literally coming to me in tears because they have paid their dues faithfully for years and never broken any rule, but they see that those who do neither are rewarded. Those who follow the rules must pay the increased costs mandated by 1137. Their dues go up to cover those who don't pay and are given years to bring their account current. What am I to tell them? The simple fact is that all the new mandates in 1137 both raise the amount of money we have to spend while at the same time allowing other residents to break the rules with impunity and to fail to pay their dues for months if not years.

  
  

  I fear this task force will only make matters worse for this condo community. GLV
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  Architectural Guidelines Should be Retricted and Committees Elected

  by K, over 2 years ago

  Most Covenants give too much authority and control to unelected, Board-appointed, architectural control or design review committee members.

  These committees directly impact the quality of life within a neighborhood and limit what can be done to personal property without restraint. People with this much authority should be elected not appointed.

  Some guidelines are overly specific but a majority are so broadly written that however the committee interprets it is valid and can not be challenged. Committee members may impose their own personal taste and prejudices on the neighborhood. In the name of preserving property values, they can deny anything they... Continue reading

  Most Covenants give too much authority and control to unelected, Board-appointed, architectural control or design review committee members.

  These committees directly impact the quality of life within a neighborhood and limit what can be done to personal property without restraint. People with this much authority should be elected not appointed.

  Some guidelines are overly specific but a majority are so broadly written that however the committee interprets it is valid and can not be challenged. Committee members may impose their own personal taste and prejudices on the neighborhood. In the name of preserving property values, they can deny anything they don't personally like. They can foot-drag approval and require endless and costly design modfications and resubmissions. For example, they can thwart the law requiring HOAs to allow front yard gardens by creating expensive burdensome restrictions on vegetable garden fencing. As these decisions can be enforced by fines and requiring homeowners to remove unapproved modifications, committee members should be elected and subject to removal by vote of the homeowners.

  In addition, there is no penalty for their not complying with the law or Covenants as individual homeowners can't afford the time or money to bring enforcement action. For instance, despite the Colorado open meeting laws, CCIOA and our own Covenants and by-laws, our ARC has never in over 20 years had an open meeting or published minutes. Our committee is two people. One has been a member for over 10 years and a second member for over five. The Board won't appoint anyone new despite a large number of new homeowners.

  
  
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  A Man's Home Is His Castle Colorado Homeonwers Protection Act

  by Robert Racansky, over 2 years ago

  I have represented myself, and other homeowners, in more H.O.A. litigation than I've ever wanted to be involved in.

  So I've seen how H.O.A. law works. And more importantly, I've seen how the law does not work.

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

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

  Based on... Continue reading

  I have represented myself, and other homeowners, in more H.O.A. litigation than I've ever wanted to be involved in.

  So I've seen how H.O.A. law works. And more importantly, I've seen how the law does not work.

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

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

  Based on what I've learned over the years, I have written the "A Man's Home Is His Castle Colorado Homeowners Protection Act", which you can read at

  https://homeowners.substack.com/p/a-mans-home-is-his-castle-colorado

  It has five parts:

  01. Legislative Declaration

  Just like the name says. Admittedly, this part still needs work. Suggestions are welcome.

  02. Small Claims Court

  • Require H.O.A. litigation to be filed in Small Claims Court, an agency which already exists to simplify cases and reduce legal costs. This removes the perverse incentives and moral hazards of the H.O.A. attorneys to engage in destructive and expensive litigation over the most trivial of amounts and reasons. It also evens the playing field in court between the plaintiff H.O.A. and defendant homeowner.

  03. Boundaries of H.O.A. Rules

  • Limit the authority and power of H.O.A. corporations to that which is only necessary to manage and maintain their common property. Make it illegal for an H.O.A. corporation to make and enforce rules on a homeowner's own private property.

  04. Ban H.O.A. Fines

  • If fines were truly necessary to ensure compliance with the rules, then homeowners would be allowed to fine their H.O.A. But they are not, because fines are not necessary. The ability to fine also creates an inequity of legal remedies between homeowners and H.O.A. corporations.

  Every party bound by an H.O.A.'s governing documents should have the same legal remedy : to present their case in an Open Court of Law and ask the Court for an injunction and/or damages.

  05. Attorney General Consumer Protection

  Authorize and direct the consumer protection division of the Attorney General's Office, and agency which already exists, to collect complaints from consumers of H.O.A.-burdened housing; and if warranted investigate and prosecute such complaints.
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  HOA story and statement

  by Bernabeau, over 2 years ago
  I am a member of an HOA in Fort Collins. I have been concerned for years that the HOA board of directors is not following the covenants and bylaws and when I tried to make a complaint with the state, I was told by the department head himself that complaints are just filed and forgotten because there is no one to enforce the state's HOA laws.

  My question to this new task force is why does the Colorado Assembly keep passing bills regarding HOA laws and regulations without providing the funding and necessary personnel to enforce them?

  Terry Mayo

  I am a member of an HOA in Fort Collins. I have been concerned for years that the HOA board of directors is not following the covenants and bylaws and when I tried to make a complaint with the state, I was told by the department head himself that complaints are just filed and forgotten because there is no one to enforce the state's HOA laws.

  My question to this new task force is why does the Colorado Assembly keep passing bills regarding HOA laws and regulations without providing the funding and necessary personnel to enforce them?

  Terry Mayo
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  HOAs Need Tools to Combat Deadbeat Homeowners

  by K, over 2 years ago
  Most talk of HOA reform is based on taking aim at abusive boards in response to sob stories by people who of themselves are bad neighbors. What about the other people in the neighborhood? What about their rights? The HOAs, especially small self-managed HOAs with comensurate small budget; need to have the tools necessary to enforce compliance with assessments and Covenants without transfering the cost of Covenant enforcement to all the neighbors who follow Covenants and try to be good neighbors. Some homeowners prioritize their own needs above neighborliness. Barking dog owners, owners that won't put their pet on a... Continue reading

  Most talk of HOA reform is based on taking aim at abusive boards in response to sob stories by people who of themselves are bad neighbors. What about the other people in the neighborhood? What about their rights? The HOAs, especially small self-managed HOAs with comensurate small budget; need to have the tools necessary to enforce compliance with assessments and Covenants without transfering the cost of Covenant enforcement to all the neighbors who follow Covenants and try to be good neighbors. Some homeowners prioritize their own needs above neighborliness. Barking dog owners, owners that won't put their pet on a leash or don't pick up their pet's waste, short term rental owners with numerous loud partying tenants, people operating business out of their homes, people not paying dues, people with teens vandalizing common areas, people whose yards look like an industrial yard, teens riding RVs above the speed limit. NONE of these people are good neighbors. If they would take responsibility and correct their own deficiencies, the HOAs they wouldn't incur fines and costs. The legislature is making it systematically harder for HOAs to enforce their Covenants. Right now, many HOAs are taking care of things that would otherwise result in calls to law enforcement or municipal zoning enforcement. They should be thanked. Yes, I'm sure abuses exist however the Legislature shouldn't be in the business of relieving people from their responsibilities and the consequences of their own actions at the expense of others in the neighborhood.
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  HB22-1137 - How a Management Company Took Advantage of Fines and Fine Notifications

  by christiana, over 2 years ago

  HB22-1137 was supposed to be great for homeowners with regard to transparency of how fines were indicated to homeowners and the fines associated with them. However, our management company drafted policies that our HOA Board voted in that greatly benefited the management company, including greatly increased so-called administrative fees after the initial association fine.

  Our Board didn't follow the Rules and Regulations for updating policies and didn't even send homeowners the policies, just a summary of them which didn't include important details.

  HB22-1137, while well intended, didn't go far enough to protect homeowners.

  HB22-1137 was supposed to be great for homeowners with regard to transparency of how fines were indicated to homeowners and the fines associated with them. However, our management company drafted policies that our HOA Board voted in that greatly benefited the management company, including greatly increased so-called administrative fees after the initial association fine.

  Our Board didn't follow the Rules and Regulations for updating policies and didn't even send homeowners the policies, just a summary of them which didn't include important details.

  HB22-1137, while well intended, didn't go far enough to protect homeowners.