Side Streets ~ Neighborhood people and issues

Archive for the 'HOA Information Office and Resource Center' Tag

PIKES PEAK REGION LEADS STATE IN HOA COMPLAINTS

January 27th, 2012, 1:15 pm by

Hello, neighbor!

Time again for one of my favorite topics: homeowners associations, or HOAs.

The HOA Information Office and Resource Center just released a year-long study of Colorado’s HOAs. Results are not pretty.

The HOA office fielded 3,053 inquiries, of which 478 were complaints.

Guess what area produced the highest number of complaints.

The Pikes Peak region, of course, with 21 percent of all complaints!

Are we a bunch of whiners, or what?

Not really, says Aaron Acker, the Colorado HOA Information Officer.

“We started with the presumption we’d get a lot of ticky-tack complaints,” Acker said. “We were wrong. Most of the issues were major ones.”

Complaints like HOA boards and managers hiding financial and governing documents.

“Transparency is a big issue,” Acker said. “Homeowners trying to get information are getting significant blow-back from their management companies or HOA boards.”

Aaron Acker, Colorado HOA Information Officer, spoke to a group of Pikes Peak region property managers and HOA board members on Feb. 15, 2011.

“People want to know what’s going on with their money. And HOA boards have a legal obligation to produce records at the behest of members. But we’re seeing a lot of complaints about them not responding, producing incomplete records, fighting requests or charging very high fees for documents.”

Access to HOA board meetings came up often in Acker’s study, as did failure to listen to homeowners — whether by property managers or HOA boards.

“These are pretty major issues, in my estimation,” Acker said.

Acker and his office were created by the 2010 Colorado General Assembly.

Upon opening the office last January, Acker was told to find and register all Colorado HOAs.

 (I used that abbreviation to describe single family resident neighborhoods, condo and townhome associations, voluntary improvement associations, property owners associations.)

So far, he has registered 8,037 asssociations, representing 838,211 homes, condos and townhome units and 2 million residents.

Colorado Springs and the Pikes Peak region are grouped in the South Central category, which has 661 registered HOAs. That’s about 8.2 percent of all HOAs registered. In other words, that 8.2 percent accounted for 21 percent of all complaints!

 (Industry experts believe upwards of 25 percent of Colorado HOAs remain unregistered.)

Acker said he hopes HOAs will use his findings as a wakeup call to reform how they interact with homeowners.

Lawmakers are digging into the data, as well, and likely will use it to decide whether it’s time to license property managers or give Acker greater power to police HOAs. Stay tuned!

Here is a link to a column and blog I wrote recently about the issue of licensing property managers.

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FINALLY, A PLACE TO REPORT YOUR ROTTEN HOA!!!

January 19th, 2011, 11:20 am by

Finally, folks in Colorado have some place to turn besides Side Streets to report a rotten homeowners association!

The state has opened its HOA Information Office and Resource Center within the Division of Real Estate, which is under the umbrella of DORA — the Department of Regulatory Agencies in Denver.

The resource center actually invites folks to submit a complaint about their HOAs.

There’s just one catch . . . the resource center won’t investigate your complaint or your HOA, as I often do. (Nor will some irreverent, sarcastic smarty pants at the resource center write about your HOA as I do.)

It will simply log your complaint, along with all the others it receives, and report its findings to lawmakers.

Supporters hope, and critics fear, that it’s the first step toward strict oversight of the 12,000 or so HOAs operating statewide. 

So far, about 1,200 HOAs and management companies are registered. And you can search the database to see if your HOA is in compliance. It’s important to know if your HOA tries to file a lien against you. If the HOA hasn’t registered, it loses its right to file and enforce liens against its residents, said Marcia Waters, director of the Division of Real Estate.

In fact, HOA scofflaws may face civil lawsuits if they fail to register, Waters said.

The center was created in 2010 by the Colorado General Assemblyto get a handle on the growing issue of HOA abuse. 

Colorado Statehouse

It is the brainchild of Aurora Democrats Rep. Su Ryden and Sen. Morgan Carroll, who introduced and sponsored House Bill 1278 .

Originally, they envisioned creating an HOA ombudsman with power to investigate allegations of abuse by HOA boards as well as to mediate disputes.

Ultimately, lawmakers compromised and agreed to create the resource center, effective Jan. 1, 2011.

It requires each HOA to register with the center, which will gather data on HOAs and track complaints filed by the estimated 1.6 million Coloradans living in associations.

In addition, the center will serve as a clearinghouse for HOA board members and residents, providing basic information about the rights and responsibilities of property owners related to neighborhood covenants — rules governing everything from paint colors to landscaping and parking.

 The sponsors said the bill was a response to growing complaints from people living in covenant-controlled communities — neighborhoods, condos, townhomes and time-share complexes. Voluntary HOAs aren’t affected by the law.

The HOA Information and Resource Center is patterned after a state agency in Nevada, created in 1997 to help people resolve HOA disputes besides suing in civil court. Today its ombudsman has a $1.5 million budget and a staff of 15.

Follow this link to read a previous column on the HOA resource center.

And this link will take you to an earlier Side Streets blog on the topic.

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