HOA Homeowners' Rights Task Force
Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.
Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.
We're looking for your feedback on how HOAs are working here in Colorado.
The Colorado General Assembly recently passed HB23-1105: HOA Rights Task Force, creating two task forces aimed to investigate and present written reports on issues affecting those that work or live in HOAs in Colorado.
The HOA Rights Task Force’s main priorities are to study issues confronting HOA homeowners' rights, including:
Homeowners' associations' fining authority and practices
Foreclosure practices
Communications with homeowners
Availability and method of making certain documents available to HOA homeowners in the association
If you live in Colorado and work or reside in a homeowners association – we ask you to take part in our HOA stakeholder engagement activities (below). By taking our community survey or submitting your personal story, you are helping to shape the future of HOAs in Colorado.
All responses collected will be used to inform a final report to be presented to the Colorado General Assembly, the Governor’s Office, and the public.
We're looking for your feedback on how HOAs are working here in Colorado.
The Colorado General Assembly recently passed HB23-1105: HOA Rights Task Force, creating two task forces aimed to investigate and present written reports on issues affecting those that work or live in HOAs in Colorado.
The HOA Rights Task Force’s main priorities are to study issues confronting HOA homeowners' rights, including:
Homeowners' associations' fining authority and practices
Foreclosure practices
Communications with homeowners
Availability and method of making certain documents available to HOA homeowners in the association
If you live in Colorado and work or reside in a homeowners association – we ask you to take part in our HOA stakeholder engagement activities (below). By taking our community survey or submitting your personal story, you are helping to shape the future of HOAs in Colorado.
All responses collected will be used to inform a final report to be presented to the Colorado General Assembly, the Governor’s Office, and the public.
Share Your HOA Story
How have you been impacted by an HOA?
Share your story and help us better understand how homeowner association rules or regulations have had a positive or negative impact on you. Feel free to share any concerns, complaints, ideas or advice that relates to your experience with HOA's in Colorado.
Thank you for sharing your story with the HOA Homeowners' Rights Task Force.
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Task Force II
by gvito, over 2 years agoI watched the third Task Force meeting and thought it was a little disjointed, but good information was presented. I see a couple of glaring problems. The latest meeting seemed to be pointing toward requiring reserve studies and mandated levels of funding of the reserves based on the study, but the previous two meetings mainly discussed keeping the monthly assessments low and making it harder to pass a special assessment for any reason. Adding to that were the comments heard at prior meetings regarding the financial burden placed on HOAs by HB22-1137. I believe a direct quote was, "The HOA... Continue readingI watched the third Task Force meeting and thought it was a little disjointed, but good information was presented. I see a couple of glaring problems. The latest meeting seemed to be pointing toward requiring reserve studies and mandated levels of funding of the reserves based on the study, but the previous two meetings mainly discussed keeping the monthly assessments low and making it harder to pass a special assessment for any reason. Adding to that were the comments heard at prior meetings regarding the financial burden placed on HOAs by HB22-1137. I believe a direct quote was, "The HOA should pay for the certified mailing, not the recipient." My question is, who is the HOA? It is the homeowners who pay their dues to fund the HOA obligations. Any mandate, rule or obligation that requires funding has only one source of that funding, the dues-paying homeowners.As a Board member, one of my hardest duties is to fund everything that homeowners want accomplished while still being told I must keep the dues low. Our condo community is now 20 years old. Repairs are needed more frequently, but at meetings I hear desperate pleas asking me not to raise the dues. My question is, "Do you want your broken (whatever) fixed?" The answer is always yes, but don't raise the dues to pay for it. Not possible. As a complex ages and repairs become more frequent upkeep demands that the monthly assessments rise, or the community will fall into dis-repair.
So, my simple ask is don't place mandates on HOAs that necessitate raising the dues and then excoriate the HOA Boards for raising the dues.
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Something Is Terribly Wrong
by Ruth Carroll, over 2 years agoThis will be the last post I make here. With great sadness.
The Task Force meeting yesterday showed us the mess we are in. And why it will just get worse and worse. Think of history. When human beings suffer abysmal unfairness, they may cave for the time being. But all the pain this system causes will eventually result in ugly trouble.
This Task Force was called to discuss homeowner rights. But even the simplest and most basic right--to know what you are buying, to know what you are getting into!--was denied them yesterday, through the oldest of political tricks... Continue reading
This will be the last post I make here. With great sadness.
The Task Force meeting yesterday showed us the mess we are in. And why it will just get worse and worse. Think of history. When human beings suffer abysmal unfairness, they may cave for the time being. But all the pain this system causes will eventually result in ugly trouble.
This Task Force was called to discuss homeowner rights. But even the simplest and most basic right--to know what you are buying, to know what you are getting into!--was denied them yesterday, through the oldest of political tricks: killing the problem with endless professional mumbo jumbo until even the most sentient among us forget what the question was.
Even this simple issue--easily solved! A one-page sheet telling buyers they are entering an HOA and what that means--lay dead after thisTask Force killed it with mind-numbing, meaningless talk.
You people on this Task Force were chosen because you supposedly know more. So how come you don't know this, that the issue of informing home buyers they are entering an HOA was thought to be CRUCIAL by the person most instrumental in spreading HOAs across the US: Byron Hanke.
Byron Hanke--you guys on the Task Force know who he is, right? The one who started CAI. The main author of the Home Association Handbook, published in 1964? In that 476-page Handbook, which lays out every which way HOAs should and must be, the authors state unequivocally that "purchasers" must be "fully informed" as to what an HOA is and what their part will be. The "success of this new housing model depends", say the Handbook's authors, on explaining to home buyers what is expected of them.
Well, it turned out that if you explain the idea to homeowners well ahead of time, (NOT at closing! Do you Task Force people think we all just fell off the turnip truck?!), they'll choose not to purchase. Because the model of HOAs was not complete before developers started multiplying them across the land. Quoting Even McKenzie, they "left out the community piece." The people piece. Which could be put back in, if you guys would just think and listen and actually do the job you're assigned.
I have interviewed three different retired realtors. They all said, in different interviews, that years ago, they did explain the HOA concept. But when they did that, more often than not, the home buyer turned to another property. So realtors stopped explaining.
That turn of events was known. It should have been the red flag that some element was missing in the HOA model. That it needed refining to make HOAs decent places for people to live. An idea that could--still--be worked on. So that human nature is considered, rather than ignored.
But the current way HOAs are run does NOT access the good in humans, it brings out the worst. We all know this. We all see it. Changing this system so it is more human is possible. But it would cut into the industry's profits.
There's a reason the stuff about HOAs is hidden inside another contract. We may have no power but we are not stupid.
I bought into an HOA a dozen years ago. Not one person mentioned the word 'HOA' to me. I had never heard of HOAs. And I am not alone. I am a smart, educated person with two master's degrees. My neighbors are smart too. They didn't know what an HOA was, or how bad it could get. I have seen my community, and many others, deteriorate, for the very reasons this Task Force was called together.
You should all be ashamed of yourselves.
Ms. Lallis Jackson skillfully performed the industry's favorite tactic: blaming the homeowner! It's not the industry's fault no one has a clue what they're getting into! It's the homeowner's fault for not performing "due diligence." This, and the statement she made last time, about there being "only a small percentage" of unfair foreclosures--show a profound immorality. Lallis should go back and read the Home Association Handbook. Byron Hanke knew what he was talking about. She does not.
Did SHE ever have her home taken away through no fault of her own? My friend Irene did. She suffered a severe nervous breakdown at age 71. Her whole extended family is now suffering financially as well as emotionally. This is not what any American should expect when they put down hard-earned money to buy a 'forever home." Which is what my friend Irene thought hers was.
Endless discussions of this law and that bill and a long lecture on Reserves (for whose benefit? Who is listening??) do nothing to ameliorate the situation. Or better anyone's life. So what on earth are you doing?
And why am I wasting my time writing?
It lessens the weight on my heart a little, is why I am writing.
What about you on the Task Force?
.
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Dereliction of Duty by our Governor and Legislature
by Robert Racansky, over 2 years ago
Homeowners associations have been called private governments because they do many things that governments do. HOAs hold elections, provide services, tax residents, and regulate behavior within their jurisdictions, but as legal entities, they are not governments.
To raise revenue for goods and services, HOAs lack taxing authority but not the power to charge assessments, which makes their inability to tax more a legal distinction than a real constraint. HOAs’ enforcement powers for failure to pay assessments equal those of local governments and allow them to place liens or foreclose on property, a power that the courts have upheld repeatedly.
-... Continue reading
Homeowners associations have been called private governments because they do many things that governments do. HOAs hold elections, provide services, tax residents, and regulate behavior within their jurisdictions, but as legal entities, they are not governments.
To raise revenue for goods and services, HOAs lack taxing authority but not the power to charge assessments, which makes their inability to tax more a legal distinction than a real constraint. HOAs’ enforcement powers for failure to pay assessments equal those of local governments and allow them to place liens or foreclose on property, a power that the courts have upheld repeatedly.
- Barbara Coyle-McCabe, “Homeowner Associations As Private Governments”. Public Administration Review. July/August 2011 , at pages 535 and 537.
With the prospect of property taxes increasing by 40% next year, Governor Jared Polis called a Special Session of the Colorado General Assembly to address the problem.
From: Office of Governor Jared Polis
Date: Friday, December 01, 2023 at 9:26 AM
Subject: Property Tax ReliefTo my fellow Coloradans,
As we approach the holiday season, people across the state are facing property tax increases of about 40% on average due next year, which is why the state has taken action to deliver immediate property tax relief and I am continually elevating this issue to save people money.
Last week, following the special session, the state delivered property tax relief for Coloradans that, combined with previously passed property tax relief, will subtract $55,000 per home from state property tax valuation. This action along with other state property tax relief will reduce the residential assessment rate to 6.7% and save Coloradans living in a $500,000 home an average of $505 on their 2023 property tax bills (without dipping into the TABOR surplus).
It is worth noting that the legislature considered 15 bills over the course of just 4 days.
Given that half of Colorado's population is governed by some type of H.O.A. corporation:
• Why are the Governor and the legislature unable, or is it unwilling, to provide homeowners relief from rising H.O.A. fees?
• Why is the state's worse-than-useless H.O.A. Information & Resource Center not even collecting data about H.O.A. fees?
How can our policy makers -- including the current H.O.A. Task Farce -- even address the issue without having any idea how much H.O.A.-burdened homeowners are paying in
- - regular H.O.A. assessments
- - special H.O.A. assessments
- - H.O.A. fines
- - H.O.A. attorney fees
- - other H.O.A. feesespecially given the Enron-style accounting explicitly allowed and encouraged by the Colorado Communist Interest Ownership Act (C.C.I.O.A.); which allows H.O.A. corporations to classify all fees as regular assessments.
Colo. Rev. Stat. § 38-33.3-316. Lien for assessments. The association has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Unless the declaration otherwise provides, fees, charges, late charges, attorney fees, fines, and interest charged are enforceable as assessments under this article.
1992 - 2022
The language of the statute was changed by Colorado House Bill HB22-1137 to prohibit foreclosure for H.O.A. fines, but not to prohibit the "priority of payments" accounting scheme which conflates fines and attorney fees with assessments.
Colo. Rev. Stat. § 38-33.3-316. Lien for assessments. The association has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Fees, charges, late charges, attorney fees, fines, and interest charged may be subject to a statutory lien but are not subject to a foreclosure action under this article 33.3.
2022 - present
Even the bill's sponsor recently admitted that the H.O.A. industry is still engaging in "shenanigans" to circumvent the intent of the new law.
To go around 1137 people are now making stuff parts of the dues. Like they're just doing: it should be a special assessment but now they're actually couching it as a regular assessment. So there's some shenanigans being played right now within H.O.A.s.
- Colorado State Representative Naquetta Ricks, November 21 2023
Which was entirely predictable -- and was predicted -- by anyone familiar with how H.O.A. law actually works, and how H.O.A. law does not work, and how legislatures across the country have been ineffective at protecting homeowners from the abusive, fraudulent, predatory, and criminal business practices of the H.O.A. industry special interests.
The stories that lawmakers tell the public, and what actually goes on in court rooms where their laws are enforced, are two very different things.
Five years ago, the Boulder Weekly reported that
With HOA Costs Surpassing Their Mortgage Payments, Owners of Affordable Housing Appeal to City of Boulder
Angela K. Evans. Boulder Weekly. November 21, 2018
When Adam Perry got home one afternoon in August, he had a notice on the door from his homeowners’ association (HOA) announcing the roofs around the Iris Hollow condominium complex were in dire need of repair. The notice said, “there’s a special assessment coming and it’s going to substantially increase your dues,” Perry recalls. “I completely freaked out.” He bought the place in 2014 through the City of Boulder’s Permanently Affordable (PA) Home Program, and this was the second time he was being hit with a special assessment.
“The people who own condos at Iris Hollow who bought in through this program are suffering right now,” Perry says. “It’s not called the permanently affordable mortgage program, it’s called the permanently affordable home ownership program.”
One of his neighbors, he says, is simply unable to pay the HOA fees and there is a lien on their home. Another one is trying to sell and get out of the program but is worried they won’t be able to with both the current and upcoming assessments.
“I thought this would be the next best thing, but it’s a black hole,” PA owner Amy Gahran says. Her current HOA payments almost equal her monthly mortgage. For Perry, it’s more than his mortgage.
“My monthly HOA right now is $844, and starting in March, it’s going to be just under $1,200. That’s insane,” Perry says. “I don’t think any reasonable person would call that affordable.”
As a matter of comparison, Perry is currently paying a combined monthly payment equal to that of a mortgage on a $480,000 home on the open market.
Unfortunately, this problem isn’t new.
Back in 2010 Boulder City Council created the Affordable Housing Task Force (AHTF), which spent 14 months reviewing affordable housing programs in Boulder. HOA fees were one of the eight topics that the AHTF explored in its report, which stated, “Rising HOA fees can present a challenge for owners of affordable homes, and can jeopardize a home’s long-term affordability. Consequently, the city has a role in exploring ways to potentially mitigate these costs for affordable buyers.”
“What happens when you buy a quote ‘permanently affordable’ home and then it’s not affordable anymore?” Perry asks. “How can the City just wash their hands of that and say, ‘Well, you bought the place.’”
The City has no regulatory authority over HOAs (that falls under state jurisdiction).
A year later, on November 25 2019, reader Scott Cejka wrote in the comments section that
A year later and it's just gotten worse. "Affordable" housing units are not affordable anymore. When HOA's get that high and resale of the units is capped by the city, there's no way a homeowner can sell their property to anyone else once you tell them what the HOA is...It truly is a black hole that will leave the "owner" probably broke and on the street.
In a follow-up story three years later, the Boulder Weekly reported that
The City of Boulder, however, has long heard about the issue of rising HOA costs for homeowners, not just in its affordable program but in market rate units as well. According to a 2019 survey of registered HOAs in the city, the average monthly HOA fees are $308 per month, up significantly from $177 in 2012, the last time the City looked at HOA costs. In addition, the average cost of special assessments — additional costs that can’t be covered by the HOA reserve fund — was about $3,000 per unit, per year.
- “Pressure Points. High HOA Fees Are a Challenge for Affordable Owners”, June 17, 2021
It is worth noting that in 2017, I met with Colorado House Majority Leader K.C. Becker ( Democrat - Boulder ) to bring H.O.A. issues to her attention. She -- along with the rest of the fauxgressive Boulder County Democrat Party -- denied that there was a problem and refused to support my proposal for legislative protections for consumers of H.O.A.-burdened housing.
From: KC Becker
Date: Tuesday, June 06, 2017 at 11:16 AM
Subject: Re: H.O.A. : B.C.D.P. Resolution
To: Robert RacanskyRegarding your resolution below: I think you are asking folks to adopt a policy on an issue they may not have much personal experience with (since we don’t have a lot of HOA’s in Boulder) and if they do have personal experience with HOA’s, it may not be negative. So adopting such a broad policy might be difficult. It also may not be enough of a priority to include. I’d also say that adopting this policy may not really aide your efforts in any significant way. I’m sorry that I cannot support adoption of this resolution by the local party right now.
Best,
KC Becker
House Majority Leader
Colorado House District 13No amount of reserve studies or disclosure documents is going to fix these problems that Becker et al. denied even existed, because homeowner associations are a failed and unsustainable business model.
Contrary to assertions made by the sponsors of Colorado House Bill HB23-1105, which created the current H.O.A. Task Farce,
problems such as the inevitable increase of H.O.A. fees -- along with their affects on the affordability of housing and seniors living on fixed incomes -- were predicted decades ago. For just one example, see The Uncertain Future of Community Associations which was published in 2005.
That was nearly 20 years ago.
There has been plenty of comprehensive analyses of H.O.A. issues over the past 30 years. It's just that our public policy makers, including Governor Polis, the past and current General Assembly, and the Department of Regulatory Agencies (DORA), choose to ignore them because too many special interests are profiting from the dysfunction of H.O.A. governance and the unfettered predation of H.O.A.-burdened homeowners.
And DORA has plans to be one of those parties that profit from the dysfunction of H.O.A. privatized corporate governance, so it has a perverse incentive to not solve those problems.
But that's a topic for a separate comment.
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Is anyone reading the homeowners comments?!!
by Patricia, over 2 years agoI agree with Ruth Carroll about today's Task Force meeting!What a waste of time.
I applaud Connie Van Dorn for trying to reign in the members to focus on the issues, but it's not happening.
I kept waiting for ANYONE to mention the complaints that have been submitted here by homeowners, but no one did.
Things are getting worse and worse, we are being robbed, many are losing their homes and no one is doing anything about it.
I agree with Ruth Carroll about today's Task Force meeting!What a waste of time.
I applaud Connie Van Dorn for trying to reign in the members to focus on the issues, but it's not happening.
I kept waiting for ANYONE to mention the complaints that have been submitted here by homeowners, but no one did.
Things are getting worse and worse, we are being robbed, many are losing their homes and no one is doing anything about it.
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This Is a Shockingly Bad Use of Taxpayers Money
by Ruth Carroll, over 2 years agoI am a homeowner.
I am listening to the Task Force.
The idea was that this Task Force would address homeowner rights and homeowner problems.
Someone giving a talk on Reserve Studies--as good as this talk may be--is a shockingly bad use of the Task Force's time.
Where are the reactions to the many comments homeowners bravely made in this space? Homeowners were ENCOURAGED by this Task Force to submit comments and suggestions. One of the last comments observed that this Task Force did not seem to be aware that homeowners are not just a bunch of 'whiners" but in... Continue reading
I am a homeowner.
I am listening to the Task Force.
The idea was that this Task Force would address homeowner rights and homeowner problems.
Someone giving a talk on Reserve Studies--as good as this talk may be--is a shockingly bad use of the Task Force's time.
Where are the reactions to the many comments homeowners bravely made in this space? Homeowners were ENCOURAGED by this Task Force to submit comments and suggestions. One of the last comments observed that this Task Force did not seem to be aware that homeowners are not just a bunch of 'whiners" but in actuality, people who are actually suffering from real pain.
You need a FUNCTIONAL BOARD OF DIRECTORS to carry the kinds of things out this gentleman is talking about regarding: Reserve Studies. NO ONE is addressing the very real obstacles that prevent HOA Boards from being functional.
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Water Damage From Shared Kitchen Line Backed Up - HOA Says I Need to Pay For the Damage...
by Matt Molloy, over 2 years agoI went out last Sunday morning to run some errands, and came home to a puddle of water from my kitchen sink all the way out to my living room.
I live on the first floor. The shared kitchen line was clogged and backed up what I'd call 'garbage disposal' water to my unit. Fortunately I got home before the sinks overflowed, however the reverse pressure coming up the line caused leaking from the seal underneath my sink basket, which is where the water flowed out onto my floor. This seal has never leaked before.
Last year we had a... Continue reading
I went out last Sunday morning to run some errands, and came home to a puddle of water from my kitchen sink all the way out to my living room.
I live on the first floor. The shared kitchen line was clogged and backed up what I'd call 'garbage disposal' water to my unit. Fortunately I got home before the sinks overflowed, however the reverse pressure coming up the line caused leaking from the seal underneath my sink basket, which is where the water flowed out onto my floor. This seal has never leaked before.
Last year we had a similar issue, and the section of pipe in the crawl space that runs the shared kitchen line to the main was replaced as it had been corroded to the point that it caused blockage and even a hole in the bottom of the cast iron pipe, allowing that 'garbage disposal' water to pool in my crawlspace. I only found the issue as I began to smell something, looked in the crawlspace to find a massive puddle of grey water.
I initially called the emergency line at about 11am that day, and after about 3 hours and 6 calls later, I was finally put in touch with Tony at Barnes Enterprise Maintenance, the main contractors that work on our complex, Prospector's Point. However, it wasn't until about 12:30pm the next day that a drain technician was finally able to come out and snake the line. One of the blades on his snake actually broke, so he also believes the connection to the main, a short piece of cast iron that drops down to the main line, must have a lot of corrosion and blockage as well. Fortunately, he was able to clear it enough for water to flow again.
But unfortunately, the amount of water that backflowed onto my floor has caused swelling and warping in the laminate. Also unfortunately, this wasn't clear water, it was that 'garbage disposal' water.
Since the issue began in the crawlspace where the shared kitchen line connects to the main, the last piece that they DID NOT repair or replace a year ago, I asked my HOA about next steps on the water damage to my floors and any remediation to avoid mold or any bacterial issues from the water.
I basically sent them the same story as above, including numerous images that showed the active leak and the resulting water damage. The response from John at Colorado Property Management Services, the company that manages our community, was "Please review the attached covenants regarding maintenance responsibilities. The interior of the unit is a homeowner responsibility and you should contact your insurance company to file a claim."
Obviously, the interior of my unit is my responsibility. If a pipe within my unit broke and caused the damage, obviously that's on me. But the damage to my unit was literally caused by a failure in the shared line which is the HOA's responsibility to maintain and repair. As far as I'm concerned, they didn't fully address the issue a year ago, and the result caused damage to my unit. How would I ever be responsible for that? So anytime there's a backup from the shared lines that damages my unit, that's up to me to pay for the damage?? Just because I'm the lucky one on the first floor?
Part of my HOA dues pay for the Association's insurance... I don't see any logical reason why they shouldn't be responsible for paying to fix the damage to my unit.
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Missing $700 K from HOA funds
by ClemensJA, over 2 years agoMy HOA has a large reserve fund which the Covenants require be kept invested. The Board in fact has never invested this money in any way, despite having a published policy requiring it, signed by the current Board president. He says he is too busy to possible invest this money for several years (it has been sitting in a non interest bearing account for the last DECADE). We have no way to force the Board to invest this money aside from a very expensive lawsuit that homeowners cannot afford. Our dues have increased 214% with no increase in services. We... Continue readingMy HOA has a large reserve fund which the Covenants require be kept invested. The Board in fact has never invested this money in any way, despite having a published policy requiring it, signed by the current Board president. He says he is too busy to possible invest this money for several years (it has been sitting in a non interest bearing account for the last DECADE). We have no way to force the Board to invest this money aside from a very expensive lawsuit that homeowners cannot afford. Our dues have increased 214% with no increase in services. We have no amenities to finance, and the HOA only does weed pulling and snow removal, at 300% the going rate for contractors. They have violated State CCIOA laws multiple times, are guilty of vote harvesting and harassment. HOA's do nothing to increase resale value per recent research, and there is NO reason for this HOA to even exist. There are concerns of nepotism in awarding contracts for snow removal and HOA management. We are being charged $5k a year for "Legal Fees" without any explanation. Board has secret meetings and votes that members have no control over. Multiple Board members from the same family although that is expressly prohibited by the Covenants. Same two individuals on the Board are the problem, have been in office 10 years, and no plans to submit to a fair election. The candidates for the Board collect the ballots, and there is no discussion of any issues prior to voting. Board does not provide minutes of any meeting, just says this and that passed, without any documentation. Much much more.Help us get out from under this shake down organization.
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HOA's need oversight- some are not operating within the laws
by Patricia, over 2 years agoI have attended several of the Task Force and DORA meetings and it seems that some of the members of the Task Force do not understand that the homeowners are not just a bunch of whiners & we are having very real issues.Our HOA has passed Special Assessments for frivolous projects, claiming the projects were on the Reserve Study. After finally getting a copy of the said Reserve Study we saw that these projects were not on there.
The HOA management company would not answer questions from the homeowners and eventually the manager told me that the homeowners were... Continue reading
I have attended several of the Task Force and DORA meetings and it seems that some of the members of the Task Force do not understand that the homeowners are not just a bunch of whiners & we are having very real issues.Our HOA has passed Special Assessments for frivolous projects, claiming the projects were on the Reserve Study. After finally getting a copy of the said Reserve Study we saw that these projects were not on there.
The HOA management company would not answer questions from the homeowners and eventually the manager told me that the homeowners were misinformed. This was after they passed the vote for the Special Assessment, which was done illegally, counted the votes and supposed proxies out of view of the homeowners.
The projects were then "steered" to a certain contractor & they would not produce any competing bids upon request. We also requested bank statements, copies of payments to this contractor, etc. but the HOA will not show us these documents. They have also taken money out our reserves to pay this vendor because not all homeowners have paid the special assessment.
All of this and other issues have been reported to the Attorney General since July 2023 & we have not heard anything back from anyone. As someone else has submitted on here, there might be laws in place but who is going to hold these HOA's accountable & who will advocate for the homeowners??
All of our concerns have been dismissed at our community HOA meetings, which many of us have been attending. We need help & we need it now as they are just going to keep robbing us blind.
They are already trying to drastically increase our dues for 2024 because they took the money out of our reserves but will not show us the documentation.
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Go hug your volunteer HOA board members
by SSDD, over 2 years agoI posted an earlier story to recognize the positive side of HOAs and how homeowners are part of the solution as well. To add to this, here is additional insight form a volunteer HOA board member.
To be frank, most homeowners are just simply lazy when it comes to their HOA. Usually their only interaction with the HOA is when they complain about something or get a letter stating they need to address an issue. They pay their HOA dues and believe all should be perfect. What they don’t realize is most HOAs are headed by a group of volunteers... Continue reading
I posted an earlier story to recognize the positive side of HOAs and how homeowners are part of the solution as well. To add to this, here is additional insight form a volunteer HOA board member.
To be frank, most homeowners are just simply lazy when it comes to their HOA. Usually their only interaction with the HOA is when they complain about something or get a letter stating they need to address an issue. They pay their HOA dues and believe all should be perfect. What they don’t realize is most HOAs are headed by a group of volunteers working to keep the best interest of all spending decent amount of their time doing so. Moreover, this volunteer HOA board is typically making considerable efforts to minimize costs to all even if the HOA has a management company to assist in these efforts.
Most homeowners also don’t realize if everything was handed over to management company and the HOA board removed, the HOA dues would likely double. HOA boards and HOA management companies are made-up of people, and people (including homeowners) are not perfect so not everything always goes as planned.
All homeowners have a part in ensuring their subdivision is a great place, not just the volunteer HOA board. It’s not enough to just pay your assessment and they complain about something when it’s not to your liking. It’s easy to complain, anyone can do that. What takes a bit more effort is to identify a concern and then contemplate at least one possible solution. Complaining about something is just that, complaining. But identifying an issue with a thought on how to fix it, is expressing a genuine concern.
In summary, most homeowners have no idea the day-to-day efforts volunteer HOA board members deal with. And before you complain about something HOA related, you may want to stand in their shoes first.
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Recognize the positive efforts by HOAs and how homeowners are part of the solution
by SSDD, over 2 years agoI have been a volunteer HOA board member in 3 different HOAs across two states, and I am currently in a HOA board member in Colorado. These have all been in subdivisions with stand-alone homes so I am commenting from this perspective.
Where I see HOAs fail is HOA board members forget they are representing their entire subdivision and start to pursue their own personal agenda and/or tend to be very rigid with HOA rules. I’m not certain how to improve this, but I have always been a proponent of interpreting HOA rules and regulations as the spirit of the... Continue reading
I have been a volunteer HOA board member in 3 different HOAs across two states, and I am currently in a HOA board member in Colorado. These have all been in subdivisions with stand-alone homes so I am commenting from this perspective.
Where I see HOAs fail is HOA board members forget they are representing their entire subdivision and start to pursue their own personal agenda and/or tend to be very rigid with HOA rules. I’m not certain how to improve this, but I have always been a proponent of interpreting HOA rules and regulations as the spirit of the law, not the letter-of-the-law.
I feel in general there is a focus on issues HOAs cause with homeowners. I want to ensure there is also a focus on issues HOAs (and HOA management companies) have with homeowners.
Through my experience, majority of HOAs work as intended who volunteer board members have a genuine interest in having a great community for all its members. What I’ve observed there is always a very small minority of homeowners that feel nothing applies to them and point fingers at the HOA (and others) why they can have significant lack of property maintenance. Note I’m not talking about random lawn not being mowed, some weeds, yard maintenance bags in the driveway for a while, trash cans left out for a few days, and so on. Although small repeated and multiple offenses over and over can add-up, I referring to larger stuff like big trash items left in the yard, defunct cars parked in the driveway for many months, yard completely dead and full of weeds, fences collapsing, and similar where such items have decent to significant impact on others’ property values. Moreover, I’ve also observed that some of this minority has a tendency to harass HOA board members and employees of any management company the HOA board may be using. This harassment tends to be in the form of repeated e-mails and phone calls making all sorts of non-supported accusations.
I agree there are certainly some HOAs that could use assistance with properly representing their homeowners, but I want to ensure we recognize the positive work HOAs are doing and how homeowners are part of the solution as well.
Project Documents
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HOA Task Force Report with Appendices.pdf (58.4 MB) (pdf)
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2023-12-08 HB23-1105 Task Force List of Considerations (1).pdf (150 KB) (pdf)
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HOA TF Summary Report (2023-08-03 through 2024-04-07) Redacted.pdf (416 KB) (pdf)
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HOA TF Detailed Report (2023-08-03 through 2024-04-07)_Redacted.pdf (5.12 MB) (pdf)
Meeting Recordings
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October 24, 2023 HOA Homeowners' Rights Task Force Meeting Recording
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November 21, 2023 HOA Homeowners' Rights Task Force Meeting
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December 20, 2023 HOA Homeowners' Rights Task Force Meeting
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January 2, 2024 HOA Homeowners' Rights Task Force Meeting
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January 16, 2024 HOA Homeowners' Rights Task Force Meeting
HOA Homeowners' Rights Task Force Members
The Division of Real Estate and Department of Regulatory Agencies are pleased to present information on the HOA Homeowners' Rights Task Force members below:
Position | First Name | Last Name |
Ex Officio 1 (Chair) | Marcia | Waters |
Ex Officio 2 (DOLA Division of Housing) | Jose | Trujillo |
Ex Officio 3 (HOA Information Officer) | Nick | Altmann |
Speaker Appt. 1 | Joyce | Akhahenda |
Speaker Appt. 2 | Peter | Siegel |
Speaker Appt. 3 | Connie | Van Dorn |
Speaker Appt. 4 | Jesse | Loper |
Speaker Appt. 5 | Rep. Naquetta | Ricks |
Speaker Appt. 6 | Sen. Rhonda | Fields |
Governor Appt. 1 | Lee | Freedman |
Governor Appt. 2 | Richard | Brown |
Governor Appt. 3 | Lallis | Jackson |
The HOA Homeowners' Rights Task Force is an important opportunity for stakeholders, experts, industry professionals, and homeowners to come together to study and make recommendations concerning issues related to Common Interest Communities.
Key Dates
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August 01 2023
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October 24 2023
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November 21 2023
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December 20 2023
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January 02 2024
Quick Polls
Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.
Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.