Comments on: Lawmakers take on HOAs GONE WILD!!! http://sidestreets.freedomblogging.com/2010/04/28/lawmakers-take-on-hoas-gone-wild/6399/ Neighborhood people and issues Tue, 30 Apr 2013 03:10:10 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: Ginny Lind http://sidestreets.freedomblogging.com/2010/04/28/lawmakers-take-on-hoas-gone-wild/6399/comment-page-1/#comment-2308 Ginny Lind Sun, 10 Oct 2010 20:39:33 +0000 http://sidestreets.freedomblogging.com/?p=6399#comment-2308 Forbes Park Land Owners Association, is not transparent. They try to make you knuckle under their decisions although they know they are wrong. They (fire, which is voluntary) all of the members of a committee if they make a decision and the board does not like it. This group of people need to be removed from the board. Forbes Park Land Owners Association, is not transparent. They try to make you knuckle under their decisions although they know they are wrong. They (fire, which is voluntary) all of the members of a committee if they make a decision and the board does not like it. This group of people need to be removed from the board.

]]> By: David C. Stiver MA http://sidestreets.freedomblogging.com/2010/04/28/lawmakers-take-on-hoas-gone-wild/6399/comment-page-1/#comment-2003 David C. Stiver MA Sat, 15 May 2010 00:44:56 +0000 http://sidestreets.freedomblogging.com/?p=6399#comment-2003 The problem with CCIOA (the Colorado Common Interest Ownership Act) is that there isn't any enforcement mechanism. For example, HOA's are required to have established a Mediation Policy uner the Governance Guidelines of CCIOA. To date, there are countless hundres of HOA's that have failed to do so. Mostly because of the ineffective management they are receiving from their property managers. So what happens if an HOA fails to follow CCIOA? To date, NOTHING!! There should be civil penalties incorporated into CCIOA to insure that HOA Board of Director's and their manageing agents fully comply with the laws. Lot Owners should have a process whereby they can feel that they will be treated fairly and equitably. Under most of the current HOA covenants, the Board of Director's is the mediating body. Funny. Does one really expct that an HOA Board of Directors could actually mediate a dispute between themselves and a Lot Owner? Especially since the Board of Directors is an interested party to the action and therefore biased. Lot Owners should not have to pay legal fees, their own money, and pay the legal fees of the Board of Directors. As such, CCIOA needs to be amended to include a Prevailing Party clause so that Lot Owners who prevail can be assured their legal fees will be reimbursed to them. The problem with CCIOA (the Colorado Common Interest Ownership Act) is that there isn’t any enforcement mechanism. For example, HOA’s are required to have established a Mediation Policy uner the Governance Guidelines of CCIOA. To date, there are countless hundres of HOA’s that have failed to do so. Mostly because of the ineffective management they are receiving from their property managers.

So what happens if an HOA fails to follow CCIOA? To date, NOTHING!! There should be civil penalties incorporated into CCIOA to insure that HOA Board of Director’s and their manageing agents fully comply with the laws.

Lot Owners should have a process whereby they can feel that they will be treated fairly and equitably. Under most of the current HOA covenants, the Board of Director’s is the mediating body. Funny. Does one really expct that an HOA Board of Directors could actually mediate a dispute between themselves and a Lot Owner? Especially since the Board of Directors is an interested party to the action and therefore biased.

Lot Owners should not have to pay legal fees, their own money, and pay the legal fees of the Board of Directors. As such, CCIOA needs to be amended to include a Prevailing Party clause so that Lot Owners who prevail can be assured their legal fees will be reimbursed to them.

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