Metropolitan District Homeowners’ Rights Task Force

Comments/Considerations On The Task Force's Interim Report

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  Profiting off the backs of the residents

  by Beltalowda, over 2 years ago
  We have been a resident of Sterling Ranch, located near Roxborough State Park, since the early summer of 2020. It seemed like a great community and location to raise our young kids in. Let us start with the positives: our neighbors are great, we like the location in Douglas County, and enjoy the amenities of our house. Unfortunately, this is all tarnished by the shady and possible illegal practices of the developers and owners.

  
  

  Before a single house was built, resident TABOR rights were voted away by the owners/developers. Metro Districts that were established were setup in such a way... Continue reading

  We have been a resident of Sterling Ranch, located near Roxborough State Park, since the early summer of 2020. It seemed like a great community and location to raise our young kids in. Let us start with the positives: our neighbors are great, we like the location in Douglas County, and enjoy the amenities of our house. Unfortunately, this is all tarnished by the shady and possible illegal practices of the developers and owners.

  
  

  Before a single house was built, resident TABOR rights were voted away by the owners/developers. Metro Districts that were established were setup in such a way to further remove rights from residents, starting with the pledge agreement. This agreement sees every metro district pledge its funds to the CAB, which allows the bypassing of laws metro districts need to follow. Due to this configuration the finances are essentially a black box where even metro district board members cannot see each line item. Money comes into a metro district and then it disappears behind the curtain of the CAB.

  
  

  The CAB setup the metro districts in such a way that they perpetually have a super-majority vote over the other metro districts. Metro District 1 in Sterling Ranch is made up exclusively of owners and developers who get a total of five votes. Metro Districts 2 and 3, which have residents, each only get a single vote. It does not matter what resolutions a metro district draws up, it does not matter how metro districts 2 and 3 vote, the CAB can out vote them every single time. This allows the CAB to continue to increase their debt without any oversight or influence from the metro districts. The CAB, as an Intergovernmental Association (IGA), they get to issue the debt and benefit from the interest on the bonds they take out to consolidate this debt.

  
  

  Another troubling aspect of the metro districts is that the attorney representing each metro district is also the attorney for the CAB. This is an egregious conflict of interest. This alignment allows the lawyer to potentially poison the well and attempt to influence metro district board members to vote in favor of the CAB. The board members do not have a non-biased counsel to defer to.

  
  

  Bottomline: Due to the structure of the CAB and the metro districts at Sterling Ranch, residents have no voice, debt is accrued unchecked, the developers/owners benefit greatly financially, and if things do not change, residents will be left with the burden of picking up the pieces and saddled with enormous debts to pay off.
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  Taxation without representation

  by Christian, over 2 years ago

  The story from Thompson River Ranch can be found in this short YouTube video clip.

  Oakwood Homes has made it impossible for residents to join the board - or even apply for an election.

  https://youtu.be/eXg9gH4E5c0?si=WXFI7zv-jiySCfTC&t=71

  The story from Thompson River Ranch can be found in this short YouTube video clip.

  Oakwood Homes has made it impossible for residents to join the board - or even apply for an election.

  https://youtu.be/eXg9gH4E5c0?si=WXFI7zv-jiySCfTC&t=71
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  Hands Tied By Metro District

  by Kdeadwy, over 2 years ago

  
  

  
  

  We have lived in Sterling Ranch (Littleton) for over 5 years. We have many of the same issues as others who have posted their stories. It is frustrating to have little say in how the rules are defined. Granted, they go through the motions to make it APPEAR as if the homeowners have input, but very few of the comments/recommendations are ever adopted. If the family that runs the development doesn’t agree, they have enough influence with the other non-residents on the board to have them voted down… the ratio of resident to non-resident board members is laughable.

  
  

  Our biggest... Continue reading

  
  

  
  

  We have lived in Sterling Ranch (Littleton) for over 5 years. We have many of the same issues as others who have posted their stories. It is frustrating to have little say in how the rules are defined. Granted, they go through the motions to make it APPEAR as if the homeowners have input, but very few of the comments/recommendations are ever adopted. If the family that runs the development doesn’t agree, they have enough influence with the other non-residents on the board to have them voted down… the ratio of resident to non-resident board members is laughable.

  
  

  Our biggest concern is that because this development is governed by metro districts, there is no legal recourse when something truly underhanded transpires.

  
  

  Because our home was one of the first ones built and because many of the contractors were not educated on how the two-water-meter approach was to be implemented, our house was built with a glaring construction defect, through no fault of our own. The CAB recognized that it was a defect, but decided for some reason they would *not* be holding the builders accountable to correct the defect (we have documentation), and they came up with an alternative proposed solution. We naively believed that the proposed solution was underway and would resolve the issue.

  
  

  Unfortunately we were informed JUST AFTER the 2-year statute of limitations expired that the trial of their proposed solution would not work, and we were told we had to incur the cost to repair the defect ourselves. Otherwise, we would be held out-of-compliance for the water covenants. Fortunately, the 150 or so property owners affected banded together and fought back hard enough to get the CAB to provide a variance to the water covenants and we did not need to spend the $10,000 to fix the construction defect.

  
  

  During this battle, it was extremely frustrating that original board members acted like they were unaware of the situation, blamed it on the builders not overseeing construction properly, claimed it was an inspection issue, etc.

  
  

  At the moment, we have the variance for our property, but were advised that this could change at any time should a future CAB board vote that the variances are no longer agreeable, for whatever reason.

  
  

  Because our development is governed by metro districts, we have been advised that we cannot sue the CAB or metro districts. Our hands are completely tied by something that was done long before we purchased our home.

  
  

  We are not suggesting that metro districts should be sued frivolously, but when something like this occurs, the homeowners should be able to receive financial compensation, allowing them to make the changes necessary to meet the covenants for the neighborhood.

  
  

  
  
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  Perplexed

  by Conniejohnston263, over 2 years ago
  Windsor Gardens management or our Manager has not been forthcoming about borrowing money without homeowners knowledge. During pandemic the manager took out a PPP

  Loan in Windsor Gardens name, then went to our BOARD for approval. Homeowners were never allowed to ask what the moneys were used for since we continued paying HOA fees during the pandemic. Salaries were paid through our HOA FeesWe have NO transparency as to where the money was spent and our HOA fees increase yearly.Was the PPP Loan repaid?? As I know it was a large amount. Homeowners are not allowed to ask questions about... Continue reading

  Windsor Gardens management or our Manager has not been forthcoming about borrowing money without homeowners knowledge. During pandemic the manager took out a PPP

  Loan in Windsor Gardens name, then went to our BOARD for approval. Homeowners were never allowed to ask what the moneys were used for since we continued paying HOA fees during the pandemic. Salaries were paid through our HOA FeesWe have NO transparency as to where the money was spent and our HOA fees increase yearly.Was the PPP Loan repaid?? As I know it was a large amount. Homeowners are not allowed to ask questions about certain transactions. When asked we are ignored or threatened with a lawsuit. There is NO transparency from our Board or Manager. Our fees are high and we have wonderful amenities. Our fees are paying our restaurants utilities and they have free rent until March of 2024 , per Windsor Gardens Management!! That’s where eare HOA fees are going!! The homeowners were told this after the fact!! I have lived in WG 10yrs and have noticed misuse of our fees. We don’t even know the salaries of our employees or managers. Very unusual, as I have lived in HOA communities for 30 years and was always given a yearly report of salaries.Very perplexed. Do you have the answers or advice??

  
  

  
  
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  Developer not audited between plans and "as built"

  by Harry, over 2 years ago
  The developer of my district did a very poor job of laying out landscaping responsibilities and also tied irrigation systems billed to the district to areas not belonging to it including the City of Aurora, Cherry Creek School District, an apartment complex and some individual homes too. When the developer left control of the board, the new volunteer home owners received very little information about what the district owned and has spent several years trying to sort things out and correct past mistakes.

  
  

  Cities that approve districts formation should audit the "as built" to verify that the district only "pays... Continue reading

  The developer of my district did a very poor job of laying out landscaping responsibilities and also tied irrigation systems billed to the district to areas not belonging to it including the City of Aurora, Cherry Creek School District, an apartment complex and some individual homes too. When the developer left control of the board, the new volunteer home owners received very little information about what the district owned and has spent several years trying to sort things out and correct past mistakes.

  
  

  Cities that approve districts formation should audit the "as built" to verify that the district only "pays for what it owns", and not anything else.
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  HOA denied request for handrail

  by seniorgeek, over 2 years ago

  I submitted a request to install a handrail just outside our property the steps on the HOA property. They denied my request sayin I can't have a handrail on HOA property.

  ADA act says I can and so does

  Colorado Revised Statutes 2021
  TITLE 38
  PROPERTY - REAL AND PERSONAL
  ARTICLE 33.3
  Colorado Common Interest Ownership Act

  I sent the following to the HOA

  "

  Modifications for owners with disabilities. Unit owners with disabilities may make reasonable modifications to a unit or to common elements of the community to make living spaces more accommodating to a disability.

  (g) Reasonable modifications... Continue reading

  I submitted a request to install a handrail just outside our property the steps on the HOA property. They denied my request sayin I can't have a handrail on HOA property.

  ADA act says I can and so does

  Colorado Revised Statutes 2021
  TITLE 38
  PROPERTY - REAL AND PERSONAL
  ARTICLE 33.3
  Colorado Common Interest Ownership Act

  I sent the following to the HOA

  "

  Modifications for owners with disabilities. Unit owners with disabilities may make reasonable modifications to a unit or to common elements of the community to make living spaces more accommodating to a disability.

  (g) Reasonable modifications to a unit or to common elements as necessary to afford a person with disabilities full use and enjoyment of the unit in accordance with the federal "Fair Housing Act of 1968", 42 U.S.C. sec. 3604 (f)(3)(A);"

  
  

  They still refused to allow the hand rail.

  What are my options?

  -Mike

  
  
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  Commercial Interest Should Not Own Metro Districts

  by jklingel, over 2 years ago

  Sterling Ranch overall has been a fantastic community, but I have trouble trusting that the Community Authority Board (CAB) is really working in the residents’ best interest as opposed to the best interest of the community’s for-profit developer. The community developer set up the CAB structure - a collection of metro districts under a consolidated governing body - and granted itself incontestable control over the body by retaining control over a supermajority of the metro district seats. Residents have no decision-making parity, and per CAB members have no expectation of that parity for a minimum of 15 years, with the... Continue reading

  Sterling Ranch overall has been a fantastic community, but I have trouble trusting that the Community Authority Board (CAB) is really working in the residents’ best interest as opposed to the best interest of the community’s for-profit developer. The community developer set up the CAB structure - a collection of metro districts under a consolidated governing body - and granted itself incontestable control over the body by retaining control over a supermajority of the metro district seats. Residents have no decision-making parity, and per CAB members have no expectation of that parity for a minimum of 15 years, with the developer over any

  community investments.

  
  

  Some of the decisions that the CAB makes - from how they spend their dollars to their continued failure to make good on promises for parks and retail development - certainly make me question not only their priorities but also their ability to execute. Most of all, I wonder about the decision-making processes surrounding most of what the CAB does. The CAB appears to be unable to get routine things right; how can I expect them to make sound financial decisions, especially decisions for which I have no input but will bear the ultimate payment responsibility?

  
  

  The CAB continually fails to monitor the parks in the community, routinely flooding them via their sprinkler systems. I have witnessed park sprinklers activating during torrential downpours on multiple occasions. We have all seen our routinely waterlogged parks. The CAB continues to bark at residents to be careful of our water usage, but in over three years it has failed to take step one to address its own water failings. The developer who owns the cab also owns the water provider, so the question exists as to whether the CAB simply refuses to address the overwatering out of negligence or out of the developer’s financial interest.

  
  

  The shade and seating upgrades at the Overlook pool are nice, but they in no way make up for the process and execution disaster that is the splash pad. The decision-making surrounding the splash pad - its rushed inclusion in the pool, its initial hazardous implementation, and its numerous both hazardous and unsightly “fixes” - has been embarrassing. And the entire process has played out on residents’ funds: the developer has taken no risk and bears no financial responsibility for the continued money-sink of the splash pad.

  
  

  Finally, the CAB and the homebuilders throughout Sterling Ranch have made numerous promises that, to date, have gone unkept. The initial plan, per the CAB and the builders, was that each village would have its own recreation center. This plan appears to have been scrapped, given that there is no intention to build an Ascent Village recreation center nor any documented plan for any other village center. No explanation has been given for this turn, leading me to assume the developer would rather make more money from the two or three extra houses that can go on community center land. In addition, the developer and the CAB have failed to execute on promised parks, and they appear to be dragging their feet on bringing any retail into he neighborhood. Both of these were major promises of the development, but to date they have gone woefully unfulfilled. If we cannot trust the developer to keep promises, and we cannot trust the CAB to represent us, why do we have a CAB?
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  Metro Districts Should Represent the People

  by K&J, over 2 years ago

  I have lived in a metro district in the Sterling Ranch neighborhood of Littleton since 2018. The developer of the neighborhood set up a Community Authorization Board (CAB) that governs the metro districts in the neighborhood. Simply put, the developer has strategically set up the metro districts to retain full control until all metro districts are built out.

  Before any houses were built the CAB took away all TABOR protections for any future houses to be built in the area and gave full control to the CAB. The CAB then set up Metro District 1 to have 6 votes while... Continue reading

  I have lived in a metro district in the Sterling Ranch neighborhood of Littleton since 2018. The developer of the neighborhood set up a Community Authorization Board (CAB) that governs the metro districts in the neighborhood. Simply put, the developer has strategically set up the metro districts to retain full control until all metro districts are built out.

  Before any houses were built the CAB took away all TABOR protections for any future houses to be built in the area and gave full control to the CAB. The CAB then set up Metro District 1 to have 6 votes while Metro Districts 2-7 only have 1 vote each. The developer will retain all 6 votes for Metro District 1 indefinitely and retains control of the other Metro Districts until houses are built in the other Metro Districts. If the developer decides not to build out one of the Metro Districts, they can retain FULL control of the CAB…forever. The CAB is able to take on any debt they want and pass on the bills to residents without any way for the residents to have a say.

  Some examples…the CAB has an agreement for water utility owned by the same family as the developers that control the CAB. This allows the developing family to charge residents for water, via the CAB, and reap the benefits for all profits. Other services such as trash, landscaping, internet, snow removal, etc. – there is no method for residents to officially have a say. Future amenities like parks, clubhouses, or other developments can be promised but if the CAB changes plans, residents have no recourse. Strict rules can be set about home outdoor lighting yet the development has the brightest intelligent streetlights of any development in the Denver area.

  I have no doubt the developers/CAB have good intentions to build out Sterling Ranch – but primarily only with their vision and profits in mind. There needs to be a significant change so that residents are heard and properly represented, and the CAB can make informed decisions and be held accountable. They need to remember who they are building this neighborhood for…the families growing up and living here.
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  MD Task Force Members . . .

  by MD and HOA Homeowner, over 2 years ago

  Since there isn't yet a published agenda, here are some suggestions for your first agenda and for your work in general:

  • Review 1105 and agree to an outline of exactly what it is you're going to address in the time frame.
  • Establish governance agreements . . . what will be done by consensus, what will trigger a vote, etc. Get clear from the outset vs. "figuring it out as you go," and don't be directed by someone else.
  • Get your "advisory committee" on the FIRST agenda. Rep Titone put that language in the bill as the voice (and IMHO a... Continue reading

  Since there isn't yet a published agenda, here are some suggestions for your first agenda and for your work in general:

  • Review 1105 and agree to an outline of exactly what it is you're going to address in the time frame.
  • Establish governance agreements . . . what will be done by consensus, what will trigger a vote, etc. Get clear from the outset vs. "figuring it out as you go," and don't be directed by someone else.
  • Get your "advisory committee" on the FIRST agenda. Rep Titone put that language in the bill as the voice (and IMHO a VOTE) of and by homeowners and residents. Don't drag your feet on this one or you're not going to GET an advisory committee, or worse, "industry" will grab it as theirs.
  • Establish norms for how long each of you will GET to speak. Don't let industry drone on and grab YOUR time.
  • Establish a protocol so that everyone gets input on EACH of your agendas. Don't let the facilitator shut anyone out because of "time constraints."
  • REQUIRE the facilitator to create the opportunity for everyone at the table to speak before moving on to any next agenda item.
  • Don't allow industry to create the agendas. Keep in mind the 106 lobbyists, what they did to secure their seats and shape the language in 1105 and their intere$t$. https://www.sos.state.co.us/lobby/SubjectSearchResults.do?&cmd=passgo&pi1=1 They are at the table in force because they lobbied to be there. Remember homeowners and residents have no lobbyists to represent their interests.
  • Do hold each other accountable to the ethics code. The bill didn't establish this task force as a platform for industry to push THEIR issues.
  • However well-intended the facilitator, do NOT allow them to shape decisions that diminish homeowners/residents in favor of loud industry voices. Remember, this is YOUR task force. It's fine for them to be at the table, but, if you allow them to take over instead of engaging in healthy debate, there will be no point in HAVING the task force.
  • Put these "stories" on your agenda every time, meaning provide a time slot at every meeting for each of you to pick a "story or two" that needs to be heard by the entire committee and explore how best to address the stories. In other words, make sure the DORA Engage input here really does get considered and doesn't end up as mere fine print, unaddressed, at the back of your final report.
  • Decide how to handle public testimony and set at least one entire meeting for it.
  • Don't let the industry ADD seats ("gosh, let's hear from the experts") to the table for even one single meeting. Public testimony for them should be the same 3 minutes each as for MD residents.
  • If anyone tries to limit public testimony to fit a schedule, push back. On April 6, 2023, SB23-213 began testimony at 11:13 AM that concluded at 11:16 PM and had an addendum of written testimony. Your work, and public input into it, is no less important than that Land Use bill. Colorado has a housing crises. You can make legislative (and other) recommendations that can alleviate some of the related challenges.
  • Proactively create the opportunity to review and provide input into any written MD TF reports before they're finalized. This is your task force and the report should carry each of your signatures.
  • There will be disagreements. Disagreements are OK. Respect each other, LISTEN to each other, sincerely endeavor to find middle ground that serves Colorado best. And if you can't, then document the opposing positions for what they are.

  Thank you for your service. Please work in good faith, for the greater good, and for the protection of homeowners and residents.
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  Association monthly assessments

  by Shirley, over 2 years ago
  I have lived in my Association in Jefferson County for 12 years. Our Declaration and By Laws state we are to have a yearly homeowners meeting in June every year as our year is June to June,

  
  

  Our Management company and board started having monthly board meeting again in June of 2023. This is due to the previous Manager being fired, which we were not aware of. The new Manager is great. I attended that Zoom meeting and asked when we were going to have our yearly homeowners meeting and was told by the Management rep she didn't know. I... Continue reading

  I have lived in my Association in Jefferson County for 12 years. Our Declaration and By Laws state we are to have a yearly homeowners meeting in June every year as our year is June to June,

  
  

  Our Management company and board started having monthly board meeting again in June of 2023. This is due to the previous Manager being fired, which we were not aware of. The new Manager is great. I attended that Zoom meeting and asked when we were going to have our yearly homeowners meeting and was told by the Management rep she didn't know. I spoke up and reminded them of what our documents stated for mandatory yearly homeowners meeting and she responded she would be working on it.

  
  

  Last night we finally had our Zoom yearly homeowners meeting and, of course we didn't have quorum so some items had to be tabled. Out of 196 homeowners only 19 attended.

  
  

  One item that became a hot topic was the fact that our fees are going up horrendously high. This is somewhat understandable as our fees have not increased in the past 3 years.

  
  

  The clincher is since we didn't have the required meeting in June, homeowners are required to pay the increased amount in arrears going back to June when the meeting was to take place. This created quite an uproar as no reasonable explanation was given UNTIL a board member finally spoke up and stated that the manager, who was fired, DIDN'T DO HIS JOB !!! I brought up so since he didn't do his job, the homeowners are being penalized and of course they said that wasn't the case.

  With the previous Manager 2 things were consistent: he didn't answer emails and didn't return phone calls. It was 5 years of hell. Of course during this time period of him not doing his job the Management Company took out their monthly fee.

  I am more than frustrated with my Association and Management Company.