tag:blogger.com,1999:blog-5060417.comments2023-11-05T06:18:25.377-06:00The Privatopia PapersEvan McKenziehttp://www.blogger.com/profile/04479661304143631524noreply@blogger.comBlogger4932125tag:blogger.com,1999:blog-5060417.post-39345477738481711712018-06-11T07:12:03.786-05:002018-06-11T07:12:03.786-05:00Here's another one.
Nick Thomas, the Independ...Here's another one.<br /><br />Nick Thomas, the Independent candidate for U.S. Representative from <a href="https://ballotpedia.org/Colorado%27s_2nd_Congressional_District" rel="nofollow">Colorado Congressional District 2</a>, says protecting homeowners from the abusive, fraudulent, and predatory practices of the H.O.A. industry "<a href="https://twitter.com/NickT4Congress/status/1005955535349444612" rel="nofollow">Seems like a state by state / local control issue</a>".<br />robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-54803361794430846542018-05-30T09:14:23.851-05:002018-05-30T09:14:23.851-05:00Of course they do. The HOA industry promoting thi...Of course they do. The HOA industry promoting this cancer in other countries wasn't going to expose the dark side. The problems and inevitable failure are inherent in the design. But the management companies, HOA attorneys, insurance carriers, and other vendors can make a lot of money before the failure by infecting people and countries with the cancer that this type of housing is somehow desirable, beneficial, and creates some sort of "mini-democracy" for preserving the utopian (for lotus eaters) environment.IC_deLighthttps://www.blogger.com/profile/04545064681164387194noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-48373718100650429402018-05-08T09:13:20.786-05:002018-05-08T09:13:20.786-05:00To all of the US Representatives and US Senators, ...To all of the US Representatives and US Senators, and candidates seeking their jobs, who claim that the federal government has no role in H.O.A. issues:<br /><br />130 lobbyists from the H.O.A. industry are currently en route "to the US Capitol...from across the country to talk about community association federal issues (HOA's)"<br /><br /><a href="https://twitter.com/UTAHSHOAVOICE/status/993842940610011136" rel="nofollow">https://twitter.com/UTAHSHOAVOICE/status/993842940610011136</a><br /><br /><b><i>@mjohnsonfcs on the bus headed to the US Capitol with 130 delegates from across the country to talk about community association federal issues (HOA's) - seated next to Georgia's @tigger496 #2018AdvocacySummit @CAIadvocacy @CAI_Utah</i></b><br /><br /><b><i>6:19 AM - 8 May 2018</i></b>robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-24794907938886053902018-05-03T22:18:47.449-05:002018-05-03T22:18:47.449-05:00I outgrew the dorm by my junior year in college.
...I outgrew the dorm by my junior year in college. <br /><br />Another fad like the Tiny House craze. It won’t last long.Anonymoushttps://www.blogger.com/profile/00720169247233293315noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-52923727151112641462018-05-02T14:18:10.068-05:002018-05-02T14:18:10.068-05:00See how much time, effort, and taxpayer dollars th...See how much time, effort, and taxpayer dollars this HOA is saving taxpayers?<br /><br />NOT. Anonymoushttps://www.blogger.com/profile/00720169247233293315noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-65613914793162600052018-04-18T06:47:06.559-05:002018-04-18T06:47:06.559-05:00"An Austin woman says the foundation is begin...<i>"An Austin woman says the foundation is beginning to crack under her home after her HOA refused to let her remove an invasive tree in her yard. Penny Armstrong says when she bought her townhome at the Village at Pleasant Valley in southeast Austin, she noticed her fence was bowing because a tree between her patio and the fence was pushing it out. ... 'Finally, they sent a guy over, and all he did was cut my fence,' Armstrong said. ... Armstrong says for years, she's been waiting for the day when her patio would start cracking, showing foundational damage. 'And sure enough, March the 1, I was sitting here, and I went, What is that? And it was a big crack,' she said. ... She says she worries in addition to foundation damage, she could soon be facing plumbing issues. She's also concerned her property value will diminish. However, she feels she'll face heavy penalties if she tries to remove the tree."</i><br /><br /><br /><b>VIOLATION COURTESTY NOTICE</b><br /><br />Dear Ms. Armstrong,<br /><br />During a routine inspection of the community, the following violations of the covenants were observed on your property<br /><br />- - cracks in the foundation<br /><br />- - cut in the fence<br /><br />- - cracks in the patio<br /><br />As the homeowner, you are responsible for the maintenance of your property. You will be fined $100 per day per violation ($300 per day total) until these defects are corrected. If you fail to pay the fines, we will be forced to turn your account over to our collections attorneys, who are authorized to take whatever action is necessary to ensure your voluntary compliance, including litigation, filing a lien on your property, and foreclosing to collect that lien.<br /><br />Thank you, and have a nice day.<br /><br /><b>BOARD OF DIRECTORS</b><br /><b>VILLAGE AT PLEASANT VALLEY H.O.A. CORPORATION</b>robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-73633629882114230522018-04-18T06:25:59.851-05:002018-04-18T06:25:59.851-05:00For entertainment value, check out the Q&A dis...For entertainment value, check out the Q&A discussion on the HOA website concerning possible sale of HOA property to avoid increase in HOA assessments. Can you tell the board's position?<br />http://vapv.net/vacant-lots-potential-sale-faqs-preguntas-sobre-la-posible-venta-de-lotes-valdios/<br /><br />IC_deLighthttps://www.blogger.com/profile/04545064681164387194noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-64983947422612586052018-04-18T06:24:10.250-05:002018-04-18T06:24:10.250-05:00> her home
Like all H.O.A.-burdened property, ...> her home<br /><br />Like all H.O.A.-burdened property, it is not "her" home. She is merely licensing the right to use it from the H.O.A. corporation.robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-27752208189860705902018-04-16T22:16:43.405-05:002018-04-16T22:16:43.405-05:00Ha ha. Now the HOA corporation gets the same trea...Ha ha. Now the HOA corporation gets the same treatment homeowners received for years. <br /><br />Not only do you have a control fraud exposure because the same entity is handling accounts receivable, accounts payable, all banking, all insurance, and all record-keeping - you have management companies that lobby for statutes depriving owners of access to the records. It's not a perfect storm - it's a man made storm designed to enable defalcation, fraud, and embezzlement with virtually no detection. You know which trade group lobbies for such laws. Don't people realize why the management companies lobby "on behalf of the HOAs" for statutes that create barriers to access for the records? IC_deLighthttps://www.blogger.com/profile/04545064681164387194noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-6242630598281221992018-04-15T09:05:41.115-05:002018-04-15T09:05:41.115-05:00Judy Thomas at the Kansas City Star has done some ...Judy Thomas at the <i>Kansas City Star</i> has done some remarkable reporting on H.O.A. issues over the years. She appears to be one of the few journalists who understands that the problems with H.O.A. corporations goes way beyond the usual stories of petty authoritarianism over aesthetic issues such as landscaping and flags.<br /><br />If you're trying to introduce somebody to this issue, her articles are probably the best place to start:<br /><br />"<a href="http://www.kansascity.com/news/special-reports/hoa/article92502962.html" rel="nofollow">HOAs From Hell: Homes Associations Torment Residents They're Supposed To Support</a>" (08/03/2016)<br /><br />"<a href="http://www.kansascity.com/news/special-reports/hoa/article92506602.html" rel="nofollow">Next Housing Crisis? HOAs Aren’t Saving Enough To Make Major Repairs</a>" (08/03/2016)<br /><br />"<a href="http://www.kansascity.com/news/special-reports/hoa/article122547749.html" rel="nofollow">HOAs From Hell: More Horror Stories, More Fraud — And Prospect Of Legislative Action</a>" (12/23/2016)<br /><br />I'm surprised she's appeared on Shu's radio program only once (<a href="http://onthecommons.net/2016/08/judy-thomas/" rel="nofollow">08/13/2016</a>).robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-64377714378032127332018-04-15T09:04:09.821-05:002018-04-15T09:04:09.821-05:00from the story: "Similar concerns raised by ...from the story: "<i>Similar concerns raised by a homeowner in the HOA prompted an Olathe lawmaker to propose legislation to make homes associations more accountable by putting their oversight under the Kansas Attorney General. The bill, endorsed by House Speaker Pro Tem Scott Schwab, died on the House floor last month after a brief debate.</i>"<br /><br />According to <a href="http://www.kansascity.com/news/politics-government/article208031124.html" rel="nofollow">an earlier story</a>, "<i>Lawmakers shot down House Bill 2629 after a 36-minute debate on the House floor, followed by an unrecorded voice vote.</i>"<br /><br />Shocked, shocked I tell you, that state legislatures are unable and/or unwilling to provide any effective protections for homeowners and residents of H.O.A.-burdened communities.robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-41681892245371609522018-04-15T09:02:06.603-05:002018-04-15T09:02:06.603-05:00So the H.O.A. corporation is complaining about a r...So the H.O.A. corporation is complaining about a refusal to produce documents and records? Oh, the irony. As regular readers of this blog are aware, refusal to produce documents and records is one of the most common complaints voiced by homeowners against H.O.A. corporations. <b>*</b><br /><br />But it gets better. According to the story:<br /><br />"<i>Last year, Parkhill Manor homeowner Scott Wircenske sued the HOA, saying the board repeatedly refused to let him see meeting minutes and financial records as required by state law. <b>Wircenske told The Star he’d voiced concerns about Young — who lives in the subdivision and was a board member before becoming the property manager — but said the board ignored him.</b></i>" (emphasis added)<br /><br />"<i>The case was settled last fall, and the HOA turned over a batch of records. Wircenske said he then contacted investigators with the Johnson County Sheriff’s Office.</i>"<br /><br />"<i>But Wircenske says the HOA still hasn’t provided all the documents he requested. The HOA says that is because Young has not turned them all over.</i>"<br /><br />So the property manager in question was also a board member of the H.O.A. corporation. And the other board members ignored concerns about the property manager expressed by a board member. It seems that the other board members were very complicit -- either through malfeasance or negligence -- in what happened.<br /><br /><br /><b>*</b> based on personal experience, H.O.A. open records laws are, for all practical purposes, unenforceable, because judges will bend over backwards to not enforce them; at least for individual homeownersrobert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-15989705307884780292018-04-11T09:13:53.475-05:002018-04-11T09:13:53.475-05:00Here’s what’s left out of this NYT opinion. Associ...Here’s what’s left out of this NYT opinion. Association-governed communities have contributed to, perpetuated segregation. <br /><br />First, we have discrimination by restrictive covenants. And selective enforcement. And virtually no regulatory oversight, little to no judicial due process, and state laws that are skewed against the housing consumer. <br /><br />Second, we have older, run-down homeowners, condominium, and price-controlled cooperative associations that have morphed into de facto low-rent districts (ghettos), poorly managed and barely maintained by a band of irresponsible landlord-owners. Sometimes the larger community ASSUMES these are public rental housing projects or “section 8” housing projects. Technically, they are private, association-governed corporations, “affordable housing” that has more or less replaced public housing. <br /><br />Third, we have federally-funded grants and tax incentives for developers to build or redevelop “affordable housing” of relatively low quality, often poorly-sited on a former landfill, in a flood plain, near industrial environmental hazards, practically on top of an interstate highway, etc. Much of the housing is for rent, but some of it is for sale. Buyers of these “affordable” homes receive questionable mortgage terms. <br /><br />Fourth, we have rent-to-own schemes. https://www.theatlantic.com/business/archive/2018/04/rent-to-own-redlining/557588/ Unfortunately, some people are so desperate for control over their own housing that they fall into this trap. <br /><br />Fifth, where developers are required to set aside a handful of affordable condo units in urban locations, we have “poor doors,” separate lobbies and elevators, and no access for the “affordable” dwellers to the common amenities. We expect lower-income and working class people to somehow blend in and afford to live in wealthy enclave neighborhoods, where they cannot afford to buy expensive clothing and jewerly, or to dine in upscale bistros or cafes. In some ways, this is the opposite extreme of herding the poor like cattle into run down high rises. How about some balance to encourage integration? <br /><br />Sixth, and related to number five, we have some ethnic groups that actually prefer to create their own insulated association-governed community enclaves - sometimes to the point where the association’s restrictions and rules discourage outsiders. Such as one predominantly Orthodox Jewish condo board in NJ, enacting pool rules that prohibit males and females from swimming in the pool together, with the exception of the Sabbath, when non-Orthodox residents can mix. Or how about the Michigan summer lake HOA that wants to restrict ownership to Christians that are active members of a church? (Both profiled on my website) <br /><br />Here’s one NY HOA accused of selling only to Jewish buyers https://www.theatlantic.com/business/archive/2018/04/rent-to-own-redlining/557588/<br /><br />And another one in MD, accused of targeting buyers of one particular Muslim sect. https://independentamericancommunities.com/2017/10/27/is-joppatowne-md-new-home-community-violating-fair-housing-act/Anonymoushttps://www.blogger.com/profile/00720169247233293315noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-79070478046938318282018-04-09T08:45:42.757-05:002018-04-09T08:45:42.757-05:00Evan McKenzie wrote... "A former US Senator (...<b>Evan McKenzie wrote...</b> <i>"A former US Senator (R-Pennsylvania) says that ordinary people should not use collective action to pressure the government to change the laws and solve collective problems."</i><br /><br />We'll see what conservatives and libertarians say if H.O.A. corporations start prohibiting possession of firearms by their subjects.<br /><br />- - "The Second Amendment doesn't apply to private corporations"<br /><br />- - "You agreed to it"<br /><br />- - "Homeowners shouldn't be looking to government to solve their problem"<br /><br />- - <i>etc.</i>, <i>etc.</i>robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-10585589764261723772018-04-09T08:21:26.698-05:002018-04-09T08:21:26.698-05:00Deborah Goonan said... "But I’ve heard just a...<b>Deborah Goonan said...</b> <i>"But I’ve heard just as much arrogance and irrational commentary from some Democratic Senators, too. For example, when Elizabeth Warren publicly aligned with CAI in Massachusetts to support the super priority lien and right to wipe out mortgage liens following an HOA auction. How can a Senator speak out so vehemently against predatory lending and abusive collections and mortgage foreclosures, but take the opposite stance on HOA collections and foreclosure?"</i><br /><br /><br />One would think that consumer protections for homeowners and residents governed by H.O.A. corporations would be a slam-dunk issue for the Democrat Party. It's an issue that directly affects 70 million Americans who have been ignored. Yet Democrats won't touch it with a 3-meter pole.<br /><br />Even "progressive" Boulder <b>*</b> Democrats such as <a href="https://twitter.com/jaredpolis/status/574659043995820034" rel="nofollow">Jared Polis</a> <b>**</b>, KC Becker <b>***</b>, and Mark Williams <b>****</b> -- all of whom I've met in person -- are more than content to let the H.O.A. industry prey upon homeowners. <b>*****</b><br /><br />Last year, the leadership of the <a href="https://www.bocodems.org/" rel="nofollow">Boulder County Democrat Party</a> refused to even vote upon a resolution urging the Colorado legislature to ban H.O.A. fines, because the Party leadership was so opposed to it; you can read the one-page resolution <a href="https://drive.google.com/file/d/0B1xoNf6VbE36ZU04MjFocU1rNWM/" rel="nofollow">here</a>.<br /><br />The Democrat Party has been nothing but disappointing.<br /><br /><br /><br /><br /><b>*</b> Think of Boulder, Colorado, as the Berkeley of the Rocky Mountains, and you'll have a good idea of the politics here; although more common descriptors are "The People's Republic Of Boulder", "<a href="https://www.nytimes.com/2008/03/30/style/tmagazine/30boulder.html" rel="nofollow">25 Square Miles Surrounded By Reality</a>", "The Boulder Bubble", and "<a href="https://www.youtube.com/watch?v=ZnPsjCQXywM" rel="nofollow">The Consciousness Capital Of The World</a>". Colorado Democrats voted for Bernie Sanders over Hillary Clinton -- 60% to 40% -- in the 2016 caucus.<br /><br /><b>**</b> US congress-critter, now running for Governor<br /><br /><b>***</b> state representative and Colorado House Majority Leader<br /><br /><b>****</b> former Chairman of the Boulder County Democrat Party, now running for the congressional seat being vacated by Jared Polis. He used to be president of his H.O.A. corporation, and is a proponent of fines to keep the homeowners in line.<br /><br /><b>*****</b> the only candidates in Colorado who have stated they will support H.O.A. regulation are two Trump Republicans: Tom Tancredo and Steve Barlock; click <a href="https://twitter.com/ColoradoHOA/status/946784189696819200" rel="nofollow">here</a> and scroll down. Whatever the position of a few individual Republicans, I expect the GOP Establishment will continue to oppose any legislative protections for homeowners and residents in H.O.A.-burdened communities.robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-75195130485773462872018-04-04T22:51:02.840-05:002018-04-04T22:51:02.840-05:00not typical ... this is by the jilted management c...not typical ... this is by the jilted management companyIC_deLighthttps://www.blogger.com/profile/04545064681164387194noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-77959622331192648312018-04-04T05:59:00.165-05:002018-04-04T05:59:00.165-05:00http://codes.ohio.gov/orc/5301.072
Curious the le...http://codes.ohio.gov/orc/5301.072<br /><br />Curious the letter states the management company noticed a flagpole erected on the property. Kinda hard to miss given the location. The statute above would appear to give the homeowner the right to install the flagpole irrespective of any "permission" from the HOA or its management company.IC_deLighthttps://www.blogger.com/profile/04545064681164387194noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-56785861827620066012018-04-04T05:19:16.864-05:002018-04-04T05:19:16.864-05:00Inalienable rights?
Wonder what the statute of li...Inalienable rights?<br /><br />Wonder what the statute of limitations is in New Mexico for alleged deed restriction violation? IC_deLighthttps://www.blogger.com/profile/04545064681164387194noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-46393102652182112232018-04-03T22:04:31.132-05:002018-04-03T22:04:31.132-05:00Flagpole is pretext and an excuse.
Flagpole is pretext and an excuse. <br />IC_deLighthttps://www.blogger.com/profile/04545064681164387194noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-58974715725646647462018-04-02T08:08:12.935-05:002018-04-02T08:08:12.935-05:00It would just be easier to require employees to li...It would just be easier to require employees to live in corporate-owned barracks or dorms at the company site. That way, there would be no need for people to commute to work. Rent and utility payments could automatically be deducted from the employee's pay check, making the transaction simpler for all parties involved. And the employers could also sell goods and services to their employees at an on-site "company store", thus negating the need for the employees to go anywhere else to shop.<br /><br />As the population is packed into ultra-dense corporate-owned housing, developed land could then be re-claimed for parks, open space, nature, etc. Of course, since government is demonstrably inefficient and corrupt, these new nature zones would have to be privately owned. Think of the environmental benefits of excluding the "public" from nature, which should be reserved for the select few who can afford to enjoy it.<br /><br />It's a policy proposal that both right-wing robber-baron corporatists and left-wing limousine-liberal environmentalists can agree upon! People exist to serve the economy, not the other way around<a href="https://fredoneverything.org/conservatives-sorta-maybe-but-i-doubt-it/" rel="nofollow">.</a> It's about time America stopped pretending otherwise.robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-46103344896494650092018-04-02T08:08:11.874-05:002018-04-02T08:08:11.874-05:00It would just be easier to require employees to li...It would just be easier to require employees to live in corporate-owned barracks or dorms at the company site. That way, there would be no need for people to commute to work. Rent and utility payments could automatically be deducted from the employee's pay check, making the transaction simpler for all parties involved. And the employers could also sell goods and services to their employees at an on-site "company store", thus negating the need for the employees to go anywhere else to shop.<br /><br />As the population is packed into ultra-dense corporate-owned housing, developed land could then be re-claimed for parks, open space, nature, etc. Of course, since government is demonstrably inefficient and corrupt, these new nature zones would have to be privately owned. Think of the environmental benefits of excluding the "public" from nature, which should be reserved for the select few who can afford to enjoy it.<br /><br />It's a policy proposal that both right-wing robber-baron corporatists and left-wing limousine-liberal environmentalists can agree upon! People exist to serve the economy, not the other way around<a href="https://fredoneverything.org/conservatives-sorta-maybe-but-i-doubt-it/" rel="nofollow">.</a> It's about time America stopped pretending otherwise.robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-10009282412640525852018-04-02T00:12:59.868-05:002018-04-02T00:12:59.868-05:00All nice and dandy. But until the state addresses...All nice and dandy. But until the state addresses terminating or voiding restrictive covenants a mere zoning change won't be enough to enable building multi-family housing as visioned.IC_deLighthttps://www.blogger.com/profile/04545064681164387194noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-23274385752019698692018-04-01T22:09:38.219-05:002018-04-01T22:09:38.219-05:00“The solution: let builders do whatever they want ...“The solution: let builders do whatever they want as long as it is within half a mile of a public transportation stop.”<br /><br />Sure...what could go wrong?!?Anonymoushttps://www.blogger.com/profile/00720169247233293315noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-22730846193972580692018-03-28T11:58:24.070-05:002018-03-28T11:58:24.070-05:00.
IC_deLight said... "Funny how the author su....<br /><b>IC_deLight said...</b> "<i>Funny how the author suggests getting copies of records in order to 'build a case' against the HOA. Of course, HOAs and their vendors creating barriers to accessing records is one of the most complained about issues in HOA-burdened housing</i>".<br /><br /><br />Long and horribly convoluted story short and grossly over-simplified :<br /><br />A few years ago, I was involved in a suit/counter-suit with my H.O.A. corporation (which was a small part of a much larger nearly decade-long dispute):<br /><br />One of my counter-claims was failure to produce documents and records that I was entitled to, under both the H.O.A. corporation's governing documents and open-records provisions of the state's H.O.A. law.<br /><br /><b>Among the records and documents I had requested were <i>the governing documents</i> of the H.O.A. corporation (declaration, bylaws, policies, rules, <i>etc</i>)</b> <b>*</b>. <br /><br />The judge ruled that I did not follow the H.O.A. corporation's policy for requesting documents. Therefore, not only was that part of my counter-claim dismissed, but I was not allowed to mention the H.O.A. corporation's refusal to produce records and documents in my defense.<br /><br />The H.O.A. corporation's policy for requesting documents and records was never published nor disclosed to me, and <i>actively withheld from me</i>. But that was irrelevant to the judge. They had (secret) policies <b>**</b>, I didn't follow their (secret) policies, and therefore I had no recourse.<br /><br />Although Colorado has open records requirements in it's H.O.A. law, for practical purposes they are unenforceable. As <a href="http://privatopia.blogspot.com/2010/06/on-commons.html" rel="nofollow">Evan told Shu 8 years ago</a>, <b>"<i>Who cares what the rules are? Who cares what the law says? It doesn't make any difference. The transaction costs of enforcing an owner's rights are so great that they are hardly ever able to do it</i>"</b>.<br /><br />Words cannot begin to convey how frustrating and infuriating the whole ordeal has been. Years later, I'm still angry about the whole matter. Colorado's legislators <b>***</b> and judges have bent over backwards to ensure that homeowners will be denied even the tiniest sliver of justice and dignity.<br /><br /><br /><b>*</b> Other records I was requesting were an accounting for $2,000 in un-awarded attorney fees that were illegally billed to my account, in violation of the same judge's Court Order from a prior litigation. The judge was indifferent about the ongoing violations of her Court Order by the H.O.A. corporation. When the H.O.A. corporation <i>again</i> violated <i>another</i> one of her Court Orders six years later, by illegally billing $7,000 in un-awarded attorney fees to my account (and again demanding payment for the illegal attorney fees), she refused to hold them accountable. I doubt homeowners -- or other non-corporate natural-persons -- receive the same leniency. Insert rant about "equality before the law" here.<br /><b>**</b> which, of course, they could (secretly) amend at any time<br /><b>***</b> both state and federal representatives, several whom I've repeatedly contacted over the years; <a href="https://twitter.com/jaredpolis/status/574659043995820034" rel="nofollow">some in person</a>.robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.comtag:blogger.com,1999:blog-5060417.post-26603869572348212502018-03-28T11:58:23.264-05:002018-03-28T11:58:23.264-05:00.
IC_deLight said... "Funny how the author su....<br /><b>IC_deLight said...</b> "<i>Funny how the author suggests getting copies of records in order to 'build a case' against the HOA. Of course, HOAs and their vendors creating barriers to accessing records is one of the most complained about issues in HOA-burdened housing</i>".<br /><br /><br />Long and horribly convoluted story short and grossly over-simplified :<br /><br />A few years ago, I was involved in a suit/counter-suit with my H.O.A. corporation (which was a small part of a much larger nearly decade-long dispute):<br /><br />One of my counter-claims was failure to produce documents and records that I was entitled to, under both the H.O.A. corporation's governing documents and open-records provisions of the state's H.O.A. law.<br /><br /><b>Among the records and documents I had requested were <i>the governing documents</i> of the H.O.A. corporation (declaration, bylaws, policies, rules, <i>etc</i>)</b> <b>*</b>. <br /><br />The judge ruled that I did not follow the H.O.A. corporation's policy for requesting documents. Therefore, not only was that part of my counter-claim dismissed, but I was not allowed to mention the H.O.A. corporation's refusal to produce records and documents in my defense.<br /><br />The H.O.A. corporation's policy for requesting documents and records was never published nor disclosed to me, and <i>actively withheld from me</i>. But that was irrelevant to the judge. They had (secret) policies <b>**</b>, I didn't follow their (secret) policies, and therefore I had no recourse.<br /><br />Although Colorado has open records requirements in it's H.O.A. law, for practical purposes they are unenforceable. As <a href="http://privatopia.blogspot.com/2010/06/on-commons.html" rel="nofollow">Evan told Shu 8 years ago</a>, <b>"<i>Who cares what the rules are? Who cares what the law says? It doesn't make any difference. The transaction costs of enforcing an owner's rights are so great that they are hardly ever able to do it</i>"</b>.<br /><br />Words cannot begin to convey how frustrating and infuriating the whole ordeal has been. Years later, I'm still angry about the whole matter. Colorado's legislators <b>***</b> and judges have bent over backwards to ensure that homeowners will be denied even the tiniest sliver of justice and dignity.<br /><br /><br /><b>*</b> Other records I was requesting were an accounting for $2,000 in un-awarded attorney fees that were illegally billed to my account, in violation of the same judge's Court Order from a prior litigation. The judge was indifferent about the ongoing violations of her Court Order by the H.O.A. corporation. When the H.O.A. corporation <i>again</i> violated <i>another</i> one of her Court Orders six years later, by illegally billing $7,000 in un-awarded attorney fees to my account (and again demanding payment for the illegal attorney fees), she refused to hold them accountable. I doubt homeowners -- or other non-corporate natural-persons -- receive the same leniency. Insert rant about "equality before the law" here.<br /><b>**</b> which, of course, they could (secretly) amend at any time<br /><b>***</b> both state and federal representatives, several whom I've repeatedly contacted over the years; <a href="https://twitter.com/jaredpolis/status/574659043995820034" rel="nofollow">some in person</a>.robert @ colorado hoa . comhttps://www.blogger.com/profile/12708201742019960100noreply@blogger.com