HOA Homeowners' Rights Task Force

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  HOA Approval of $3.5 Million Assessment Against Resident's Wishes

  by CrystalJohnston, over 2 years ago

  Hello fellow Coloradans,

  
  

  I am a resident of Denver and own a condo located in Denver Proper, within the Uptown district. I live in a highrise of 21 floors and 150 units ranging from 667 sqft up to 1500+ sqft. Our building is full of amenities including a gym, large off-leash dog park, pool (closed since winter 2022) hot tub/spa (closed since winter of 2022), snow removal, and other smaller-scale amenities. I have been a resident of the building since 2017, where I was once on the board of directors, chair for the Events and Community Engagement Committee, communications manager... Continue reading

  Hello fellow Coloradans,

  
  

  I am a resident of Denver and own a condo located in Denver Proper, within the Uptown district. I live in a highrise of 21 floors and 150 units ranging from 667 sqft up to 1500+ sqft. Our building is full of amenities including a gym, large off-leash dog park, pool (closed since winter 2022) hot tub/spa (closed since winter of 2022), snow removal, and other smaller-scale amenities. I have been a resident of the building since 2017, where I was once on the board of directors, chair for the Events and Community Engagement Committee, communications manager, and consistent volunteer for the building. November, 2023 we voted in a new board, where only 3 seats were open and only 3 individuals ran, making the "vote" unnecessary.

  December 2023 the board began to mention a potential assessment to happen for the community after approving a 30% monthly increase of HOA dues (raised to $660 up to $1400 per month per unit.) A board meeting was held on January 25th, 2024 where the board motioned and approved a vote to now proceed with a 3.5 Million dollar assessment to the residents. The assessment is around $28 per sqft, with the lowest/smallest unit being assessed at around $19,000 due in two installments. The first 50% is due April 1st, 2024, and the second 50% is due April 1st, 2025.

  The issue is not that the building needs an assessment and repair, the issue is that the board is not working in good faith with the residents by voting and approving an assessment without addressing the following.
  

  1. Lack of Comprehensive Information: The Board has not provided adequate information regarding the allocation and utilization of the assessment funds. Detailed line items, along with their associated costs, have not been transparently shared with the unit owners.
  2. Financial Management and Accountability Concerns: The absence of detailed financial plans for the proposed assessment raises questions about the Board’s financial management and accountability.
  3. Financial Impact on Unit Owners: The magnitude of the proposed assessment, which is about 5% of the home values, poses a significant financial burden. Many unit owners are apprehensive about this assessment, particularly given the lack of detailed justification and understanding of its benefits.
  4. Lack of Financing Options: There has been no provision of financing options for homeowners regarding this assessment. It is essential that such options should have been devised and presented before the mention of the assessment, to ensure that all homeowners can meet their obligations without undue hardship.
  5. Request for In-Depth Discussions and Audit: The undersigned proposes that the Board postpone the vote on the assessment and instead engage in more detailed discussions with the unit owners. Additionally, there is a strong request for an independent financial audit of the association’s current finances and the specifics of the proposed assessment to ensure transparency and proper financial stewardship.
  6. Concern Regarding the 2023 Approved Budget: It is noted that the 2023 approved budget does not reflect this special assessment. The undersigned questions the validity of imposing an assessment that was not included in the approved financial plan for the year, which raises further concerns about the governance process.

  In a David and Goliath practice, I have voiced openly my concerns to the board along with a request for a veto of the assessment vote. I will be holding a resident's Townsquare in a week to further address the issue of the assessment and the current board. I am looking for further support as I am not sure where else to turn as we venture down this rocky road and am hoping that the HOA task force has resources available to us to help voice our concerns and have our needs met as we feel the board is working through self-interest verses the general interest of the community.

  -Crystal
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  Anabelle

  by anabelle, over 2 years ago

  I attended a building meeting for Bldg. 236 in Heather Gardens. It was held at 6pm to 7:10pm 1/25/2024. I am appalled at what is going on here. After the meeting was adjourned our Asst. Area Representative asked members to remain and sign a recall petition for our HGMD Board. Our Area Rep. allowed him to do this. The HGMD board is not allowed to post any information regarding this matter so that members are not well informed on both sides Our HGMD board was validly elected last year by all of the Complex members. They have taken back the... Continue reading

  I attended a building meeting for Bldg. 236 in Heather Gardens. It was held at 6pm to 7:10pm 1/25/2024. I am appalled at what is going on here. After the meeting was adjourned our Asst. Area Representative asked members to remain and sign a recall petition for our HGMD Board. Our Area Rep. allowed him to do this. The HGMD board is not allowed to post any information regarding this matter so that members are not well informed on both sides Our HGMD board was validly elected last year by all of the Complex members. They have taken back the running of the clubhouse, which is owned by the Metropolitan District. They have discontinued the agreement that was made about 5 yrs. ago for the HOA to handle the HGMD money and pay bills. The HGMD board is trying to reconcile the charges presented to them, and the HOA will not cooperate. As I understand there seems to be about 1 million dollars charged to the Metro District that is unaccounted for at this time. This is getting entirely out of hand. The people fighting for the recall are having meetings at our clubhouse. I will not go to the recall meetings because the last one broke out in physical fights and security people had to be called. I must stay away for my own safety and I am also afraid that someone will pull out a gun. The HGMD calls meetings to explain their side of this dilemma and they have decorum. People can speak their mind without impunity. There has to be some way to allow our new HGMD Board to do their jobs. We need people whom we can trust and not people who are hiding things. Is there any way that you can help us protect ourselves and bring peace back to our community.
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  overstep

  by Rethea, over 2 years ago
  My Hoa that plows our street has decided to shovel all the snow to the sunny side of the street. We have big piles. I bought on the sunny side so I didn’t have t worry about ice and snow. All it has fone is create ice on my side. Pinery west community in Parker

  Rethea Morris

  My Hoa that plows our street has decided to shovel all the snow to the sunny side of the street. We have big piles. I bought on the sunny side so I didn’t have t worry about ice and snow. All it has fone is create ice on my side. Pinery west community in Parker

  Rethea Morris
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  Colorado HOA laws put the Board between a rock and a hard place

  by Randy07, over 2 years ago

  I am on a Board for a HOA.

  As an example, the HOA has a rule that no trailers are allowed to be parked on the property.

  Colo law requires the HOA to send a letter to the homeowner that has the trailer on the property and give them 30 days to remove the trailer.

  However, some homeowners have figured out that if they take the trailer off property and bring it back, Colo law requires the HOA starts over with a new letter and a new 30 days to remove the trailer.

  Meanwhile, other homeowners are mad because the... Continue reading

  I am on a Board for a HOA.

  As an example, the HOA has a rule that no trailers are allowed to be parked on the property.

  Colo law requires the HOA to send a letter to the homeowner that has the trailer on the property and give them 30 days to remove the trailer.

  However, some homeowners have figured out that if they take the trailer off property and bring it back, Colo law requires the HOA starts over with a new letter and a new 30 days to remove the trailer.

  Meanwhile, other homeowners are mad because the Board is not enforcing the rules by “allowing” the homeowner to park their trailer on the property.

  The Colo law should have been written that once the letter and the 30 days starts, the 30 days does not restart just because the violation was temporarily "fixed".
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  Do H.O.A.s Protect Property Values?

  by Robert Racansky, over 2 years ago
  

  A common justification -- in the H.O.A. Task Farce meetings, here on this forum, and elsewhere -- for the authoritarian and heavy-handed governance by H.O.A. corporations over individual homeowners is that they protect and preserve property values.

  But do they?

  And if so, is the trade-off worth it?

  The evidence is sparse.

  We find that houses in HOAs have prices that are on average at least 4 percent, or $13,500, greater than observably similar houses outside of HOAs.

  - Wyatt Clarke and Matthew Freedman. "The Rise and Effects of Homeowners Associations". April 2019. (PDF)
  and
  "The Rise... Continue reading

  A common justification -- in the H.O.A. Task Farce meetings, here on this forum, and elsewhere -- for the authoritarian and heavy-handed governance by H.O.A. corporations over individual homeowners is that they protect and preserve property values.

  But do they?

  And if so, is the trade-off worth it?

  The evidence is sparse.

  We find that houses in HOAs have prices that are on average at least 4 percent, or $13,500, greater than observably similar houses outside of HOAs.

  - Wyatt Clarke and Matthew Freedman. "The Rise and Effects of Homeowners Associations". April 2019. (PDF)
  and
  "The Rise and Effects of Homeowners Associations". Journal of Urban Economics. Vol. 112, July 2019. (PDF)

  But ...

  HOA-governed properties can also be worth more — one 2019 study found that houses in such subdivisions are worth at least 4 percent more than similar houses outside of them.

  “Being in an HOA actually makes your housing value go up,” said Wyatt Clarke, one of the authors of the paper. However, he acknowledged most of that value is captured by the developer, and that over time, that extra value diminishes as properties age and houses start to turn over. “The fact that you’re in this unit, over time, becomes less and less valuable,” he said.

  - Emily Stewart. "When Your Neighbors Become Your Overlords". Vox. April 20, 2023.

  Another study that same year -- 2019, five years ago -- came to the opposite conclusion about homeowner associations and home values.

  Curious as to whether HOAs actually affect home prices, I looked up studies by housing economists to see if any had researched the issue. I found a few conflicting studies on the relation of house sales prices to HOAs but none that properly accounted for the change in prices from previous sales correcting for other factors that could affect changes in prices.

  So I examined the recent sales of a sample of 900 homes where data were available and calculated the change in prices from previous sales in urban counties of three states, including Pima County. When I calculated the average percent return on investment (APR) and corrected for inflation and home characteristics (acreage, square footage, etc.), I found that the median APR was significantly lower in HOA neighborhoods than in others in most years, particularly if the house was bought in the 1990s or after the Great Recession.

  The data show that HOAs are not protecting home price appreciation and they may be reducing it.

  - Leon S. Robertson. "Are HOAs Worth It?: A Look At The Numbers Show They Might Not Help Home Values". Green Valley News. June 12 2019

  Abstract: Housing developers’ claims of benefits led to exponential growth in neighbourhood homeowners associations in the U.S. during recent decades. Sanctioned by state laws, association rules governing homeowners are usually initiated by developers who claim that the rules protect property values. But the claim is not supported by empirical analysis. Inflation adjusted annual percentage returns in consecutive sales of a sample of 900 most recent home sales in Duval County Florida, Pima County Arizona and St. Louis County Missouri during late 2017 and early-2018 were examined. The results reveal that the annual percentage returns on homes sold in homeowners associations were significantly less than those of homes in other neighbourhoods statistically controlling for property characteristics and prevailing economic conditions at the time of the original purchase.

  Conclusion

  The data in this study do not support the widespread assumption that homeowners associations protect property values more than neighbourhoods without such organizations. Indeed, the opposite is true. Increase or decrease in property values are mainly a function of changing economic conditions but financial returns on properties in homeowners associations are significantly lower than those outside such associations, particularly if purchased in years during the economic recovery after recessions. State and local laws that sanction homeowners associations and allow their coercive practices based on the premise of property value preservation are ill founded.

  - Leon S. Robertson. “Correlation of Homeowners Associations and Inferior Property Value Appreciation”. Critical Housing Analysis. Vol. 6 No. 1, February 17 2019. (PDF)

  
  
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  Our HOA is scared. We need help.

  by sassysenior, over 2 years ago

  If there is any chance that you will investigate what goes on with our HOA, I will ask that you do it. If you were organized to come up with legislation to make HOAs more accountable, I will help.

  Heather Gardens Association, Inc. A management company (HGA), about 1973, pre-dates CCIOA. Heather Gardens Metropolitan District, (HGMD) golf course, clubhouse, restaurant, sports courts, maintenance building and Linvale Drive, was established in 1985 so that those facilities could be purchased from the developer with money borrowed as a special district.

  For the past 38 years HGA has managed HGMD facilities. They have... Continue reading

  If there is any chance that you will investigate what goes on with our HOA, I will ask that you do it. If you were organized to come up with legislation to make HOAs more accountable, I will help.

  Heather Gardens Association, Inc. A management company (HGA), about 1973, pre-dates CCIOA. Heather Gardens Metropolitan District, (HGMD) golf course, clubhouse, restaurant, sports courts, maintenance building and Linvale Drive, was established in 1985 so that those facilities could be purchased from the developer with money borrowed as a special district.

  For the past 38 years HGA has managed HGMD facilities. They have not done an adequate job. The facilities are under-utilized and poorly maintained. Polices have not been followed and accounting for HGMD funds is totally inadequate.

  I am currently an HGMD director, duly elected in May of 2023, along with 3 other new directors, campaigning for change. HOA members, including Board members, undermined us during the campaign and encouraged, from before we were even elected, to recall all 4 of us as soon as statutorily possible. A committee filed to start the process one day after 6 months. The treasurer and president of the HOA, term limited as of 12/23, sat at the recall table on January 6, 2024, encouraging residents to recall us. Petty reason(s). We opted to patch potholes instead of repaving a maintenance building parking lot, occupied by HGA. The CEO, CFO, Security Chief, Clubhouse manager, resident advisor and maintenance manager all resigned when we were elected. Our fault? Recommended replacing restaurant equipment purchased used in 2012.

  I have spent 7 years on various committees and sub-committees of HGA and HGMD. When I found irregularities, and questioned them, I was removed from all committees with a mandate that I do not ask questions or engage with employees. This was 3 years ago. Now I am on the HGMD board. Everything possible is being done to discredit me and the other 3 new Directors and remove us as fast as possible.

  HGA had 5 controllers/accountants/CFO in 7 years. The same auditor has audited HGA and HGMD forever. No one is aware of a forensic audit. I campaigned for a different auditor for HGMD because of irregularities. Almost as soon as we four took office, the CEO (hired as a GM) and the CFO, hired as a controller, resigned. Job titles reverted to GM and Controller within 4 or 5 months.

  HGA uses a PEO. For years, every time I ask how many employees there are on payroll, I am told 130-135 payroll checks are issued every two weeks. We have 99-105 employees. I have verified their names and positions. When I ask where the other 30 come from, I am told they are seasonal. There are not 30 seasonal employees running around all year long. Spring, perhaps some. Winter, perhaps some. But never have they quoted less than 135 paychecks. HGMD has been barred from seeing any payroll information, not even for the staff who exclusively is billed to them. The auditors do not audit payroll. Auditors may randomly select something, or someone, is what I am told. Auditors are only auditing the financial statements, I am told.

  Why is the HOA, hired by HGMD to manage district facilities, so set on getting the four of us out of office as soon as possible? We did hire an audit firm willing to replace our previous audit firm. They are under contract, but cannot do it until the first of July. If the recall is successful, that could be too late. The new treasurer of the HOA, just elected, approached me at least twice while we were campaigning and asked me to step back from engaging a different auditor. For years he and I served on the same budget/finance committee. I advocated for independent auditors and he always discouraged hiring two different ones because of cost, never verifying or going to bid. Even though he was not a Director of HGA yet, he served on the Budget/Finance committee for several years and was considered the heir apparent for the treasurer position. He asked other directors to dissuade me. He cited cost. We hired an auditor $10,000 less than the proposal from the long time audit firm.

  A terribly written Management Agreement has forced co-occupation and a lawsuit for Breach of Contract. HGA, who has been the agent for HGMD, in exchange for administration office space, security space and the maintenance facility has done the administration and accounting since the beginning. They started purging the website, refused to prepare minutes and stopped co-operating just after our election. The CHRO issued a statement to all employees to not engage with directors, to refer any question to the CEO (who then resigned) ,thus stonewalling any change (including changing access codes that had been the same for 10 years) we had promised in our campaign.

  I would be happy to answer any questions. HOAs should not be allowed to manage the District, but this HOA is grandfathered. Our biggest questions are why some of the past HGA directors, president and treasurer, at least, are ramrodding this recall. HGA, the management company, insists they can manage the homeowner residential property as well as all the facilities including a restaurant, recreation center, golf course and other structures. They have failed and cannot maintain our properties and facilities.

  
  
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  Biased meetings

  by lynndougherty, over 2 years ago
  Hoping the next meeting is not dominated by one person with an agenda. There needs to be a balance not just one individual running the whole meeting. Please try to limit each person's time to the 3 minutes stated in the opening of the meeting.

  Hoping the next meeting is not dominated by one person with an agenda. There needs to be a balance not just one individual running the whole meeting. Please try to limit each person's time to the 3 minutes stated in the opening of the meeting.
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  Rights and Responsibilities

  by whoownsmyhome, over 2 years ago

  It's been a long week. I listened to the last Taskforce meeting and came away very troubled by some of the things I heard. "...if it's in your covenants, it's not petty ...". Historically, covenants HAVE been petty. Human beings are petty. Thankfully, written into some of the most powerful documents we have is the power to AMEND because we realize human being are fallible and change becomes necessary. Preservation of property values has long been used to protect even the most unsavory of covenant restrictions. It serves no one to forget the past.

  Discretion and the concept of mercy... Continue reading

  It's been a long week. I listened to the last Taskforce meeting and came away very troubled by some of the things I heard. "...if it's in your covenants, it's not petty ...". Historically, covenants HAVE been petty. Human beings are petty. Thankfully, written into some of the most powerful documents we have is the power to AMEND because we realize human being are fallible and change becomes necessary. Preservation of property values has long been used to protect even the most unsavory of covenant restrictions. It serves no one to forget the past.

  Discretion and the concept of mercy is built into the law. We understand the need for concepts like diversion programs and restorative justice. Deterrence only instills fear and doubt into a community regulated by the views of a few. Communities that thrive are community members who feel they have a voice. The HOA/Community Management System seeks to remove the HOME from the HOUSE. I no longer have a home, I am quite simply, the owner of a house. Most house owners are good respectable people who try very hard, negotiating tough economic times, to be responsible. To suggest otherwise is insulting. We try to accommodate the HOA and Management Industry but it can be very difficult without informed consent.

  Take this example of an email I received on Friday. Two paragraphs. Contextualize this sentence, ..."The Board has had a meeting this past week and we are looking to try and get a Maintenance/Insurance Chart to transfer interior wall to the owners."

  This email was under the signature of the Community Manager. Apparently, the Community Manager is now a member of the Board. I have absolutely no clue what the rest is in reference to. I have left nothing out, no special editing. The title says Update on Insurance and since it's a "no reply" , it is what it is. Does the Community Manager want me to insure a wall in a house I have dwelling coverage for?

  Other than thanking me for my "patients" perhaps the Community Manager will at some point provide me with more information. What the Taskforce so smoothly glossed over, the majority of the stories and pleas for help are not about fines and violations, they are about house owners with no voice and no stake holding in the process.

  
  

  ***Update *** Now WHY would the afor mentioned email (Community Manager) be removed from the HOA website? Good thing I have a hard copy, amirite?
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  Minutes of two (2) HOA meetings

  by supernanx4, over 2 years ago

  My latest grievance, one of many, I asked for the minutes of two (2) meetings held in November. November 15, 2023, I was unable to attend the meeting or participate in the discussion, in order to keep updated and informed, but had a question.

  November 29, 2023, I was able to attend the meeting, but unable to hear names, discussion, in order to keep updated and informed, but have not received the records.

  The HOA responses have been, November 13, Once the minutes are approved they will be posted in the portal.

  November 17, Please plan to attend the annual... Continue reading

  My latest grievance, one of many, I asked for the minutes of two (2) meetings held in November. November 15, 2023, I was unable to attend the meeting or participate in the discussion, in order to keep updated and informed, but had a question.

  November 29, 2023, I was able to attend the meeting, but unable to hear names, discussion, in order to keep updated and informed, but have not received the records.

  The HOA responses have been, November 13, Once the minutes are approved they will be posted in the portal.

  November 17, Please plan to attend the annual meeting on November 29. An email was sent out last night regarding the meeting. All questions will be answered at this meeting.

  November 28, November minutes have not been approved yet. They will be approved until the next Board meeting.

  December 4, The meeting minutes are about to be approved and posted to the portal.

  January 9, I am Melissa Stern, the new manager of Eastlake Shores. I received your request for the minutes for the Annual Meeting that took place on 11/29/23. However, I want to inform you that the minutes have not been approved yet to post to the portal. Regarding the 11/15/23 minutes, those were not approved as I was not aware of that meeting when I met with the Board last night for the Board meeting.

  The Annual Meeting minutes are not approved until the next Annual Meeting, when they are approved by the Membership. Once all minutes are approved at either the Annual or Board Meeting, they will be posted on the HOA portal where you can access them.

  I contacted, Nick Altmann of DORA, asking for advice, after sending a certified letter, on December 29, 2023, was notified by USPS tracking, unable to deliver, no one to sign for it, notification was left, it was returned, unclaimed, on January 16, 2024. I also, sent a second letter, regular mail, to the HOA on January 5, 2024.

  On January 16, I asked Nick Altmann, where I was in the process and he responded, "You might consider reaching out to a qualified Colorado Attorney to help you more fully understand your rights and responsibilities as unfortunately this office can not provide legal advice.

  As I said to him, these seem like extreme measures for a simple request.

  I was hesitant to buy knowing there was an HOA, I wish I'd listened to my instincts, if I could I'd move but can't afford to.

  Thank You for giving me an opportunity to tell my story.

  Sincerely,

  Diane Bement

  
  

  
  

  
  

  
  

  
  

  
  
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  LOGICAL FALLACIES: Repetitive Industry Talking Points Analyzed by ChatGPT

  by Andrew Mowery, over 2 years ago
  

  I took this post made just yesterday (1/17/24), and copied it into ChatGPT. The purpose was to get quick analysis on the subject of Logical Fallacies. For those unfamiliar, there are numerous sites that give an overview of what these are, and examples of how they are used in debate.

  Here's one I use frequently: https://yourlogicalfallacyis.com/

  Logical Fallacies typically hurt rather than help the party that is using them in a debate.
  
  Now, the purpose of using ChatGPT (AI, or Artificial Intelligence) is not to turn over HOAs to AI. Although I jokingly say that Artificial Intelligence is better than... Continue reading

  I took this post made just yesterday (1/17/24), and copied it into ChatGPT. The purpose was to get quick analysis on the subject of Logical Fallacies. For those unfamiliar, there are numerous sites that give an overview of what these are, and examples of how they are used in debate.

  Here's one I use frequently: https://yourlogicalfallacyis.com/

  Logical Fallacies typically hurt rather than help the party that is using them in a debate.
  
  Now, the purpose of using ChatGPT (AI, or Artificial Intelligence) is not to turn over HOAs to AI. Although I jokingly say that Artificial Intelligence is better than no Intelligence at all, which is what some of us feel like we experience. Joking aside, the purpose is to get a rapid response that can then be reviewed. For me to go through this 3-paragraph excerpt, it would take me 30-60 minute at least. With ChatGPT, it took about 30 seconds.
  
  

  
  Here is what ChatGPT returned as a result of the prompt - "Can you identify the logical fallacies in this post about HOAs? ":

  
  

  "The post about HOAs (Homeowners Associations) and the Task Force Meeting contains several logical fallacies. Here are a few that can be identified:
  
  False Dilemma/False Dichotomy: The author suggests that the group must decide if it is "for or against rules and mandates," implying that these are the only two options. This simplifies the situation into a binary choice, ignoring the possibility of a more nuanced approach where some rules might be necessary while others are not.
  
  Straw Man Fallacy: The author misrepresents the position of those who want to implement new rules by stating, "It amuses me that folks who are against rules are bound and determined to create more rules!" This suggests that the people proposing new rules are entirely against rules, which is likely an oversimplification or misrepresentation of their actual stance.
  
  Hasty Generalization: The author quickly concludes that because the Task Force is considering new rules, they are inherently contradictory or hypocritical. This generalization is made without considering the specific context or rationale behind each proposed rule.
  
  Slippery Slope: The author implies that creating any new rules or mandates will inevitably lead to a proliferation of excessive rules, without providing evidence for this inevitable progression.
  
  Oversimplification: Throughout the post, complex issues regarding the management of HOAs and the implementation of rules are simplified into a binary of being either for or against rules. This ignores the complexities and nuances involved in such governance issues.
  
  Appeal to Common Sense: The author seems to imply that their view is common sense ("In my estimation, you can't have it both ways"), suggesting that the opposing view is nonsensical or illogical without providing a substantive argument to support this claim.
  
  These fallacies detract from the logical coherence of the argument and can lead to a misunderstanding of the complexities involved in the governance and regulation of Homeowners Associations."

  
  

  This is the thing: How can we reach consensus when those defending the Industry (including those on HOA Boards who are influenced by their propaganda) are constantly repeating logical fallacies?
  
  I'll take one of the topics mentioned above off the top, which I wrote about on this site just yesterday - Deterrence. Those of us who passed HB22-1137 (and I was one of the members of CHHA that worked directly on the bill), did not in any sense say that homeowners need not follow the rules.
  
  The issue was proportionality combined with due process. Watching someone who has a grease stain on their driveway LOSE THEIR HOME because of a process that failed to give basic notice, escalates legal fees infinitely over a SHORT duration, and allowed HOA Attorneys, CAM Managers, or even Board Members with INSIDE INFORMATION to buy a foreclosed home for the remaining mortgage plus the debt (effectively stealing the equity after flipping the home in a hot real estate market) is just outrageous.
  
  We aren't saying people should be allowed to have grease stains on their driveways. But, having time to fix it BEFORE a fine is applied AND to have PROPORTIONAL fines relative to the infraction are better than all-or-none situations where you can lose your home. It's just ridiculous to pretend such practices are fair and reasonable.
  
  So, the fact that HOA DIRECTORS, who have the EXACT SAME OBLIGATION TO FOLLOW THE RULES, have ZERO deterrent to breaking them, and cannot be held strictly to the rules (because of the Business Judgement Rule and "substantial compliance" standards), or even held accountable AT ALL is just plain insulting.
  
  The power imbalance is the issue. If you want all rules to be followed strictly with huge consequences, then Boards should be held to the same standards. Because, after all, they agreed to the rules the same as a homeowner because - THEY ARE ALSO HOMEOWNERS.
  
  That is the key logical fallacy we deal with in stake holding. That Boards and Homeowners are separate and distinct groups, when Boards are actually a sub-set. It's just dumbfounding how those defending the Colorado HOA Industry cannot recognize such logical fallacies make their arguments disingenuous.
  
  I encourage everyone to run posts here through ChatGPT to find these logical fallacies, even if you agree with them. It's enlightening and a time-saver.