Side Streets ~ Neighborhood people and issues

Archive for the 'homeowners association' Tag

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.

==========================================================

SATELLITE HOTEL HOA LOSING ORBIT

January 16th, 2011, 12:01 pm by

The homeowners association that runs the Satellite Hotel is locked in an ugly battle for control of the 14-story hotel/condo hybrid.

Three officers of the board, including president Margaret Thomas, accuse board member Hayward Rigano of using threats and bullying tactics as he tries to win control of the nine-member board.

They even wrote a letter to their fellow board members in November asking them to censure Rigano, citing a list of complaints from employees, vendors and residents of the building.

Rigano denies ever threatening anyone.

He said the old guard on the board is not qualified to run the building and incapable of making proper business decisions.

The two sides don’t even agree on the issues between them. Is it the 40-year-old heating system that needs major repairs? Or the HOA dues? Or the attempt to cap the number of condos that can be rental units?

Maybe it’s the alleged after-hours sex parties in the building’s restaurant. Or is it the under-performing hotel operation?

Rigano insists he is a peaceful Christian who never threatened anyone. But he admits his year on the board has been stormy as he educates them about the proper way to run the HOA.

His main issue is the hotel operation. When the Satellite opened in 1969, it was the closest hotel to the Colorado Springs Airport. Not anymore. Today it’s 76 hotel rooms sit mostly vacant, leaving little work for the housekeeping and round-the-clock front desk staff.

He said the HOA subsidizes the hotel operation at a cost of $250,000 a year.

Rigano wants to convert those rooms into 35 new condos to be sold with the profits used by the HOA for expensive maintenance.

But Thomas is adamant Rigano is out of control in his dealings with people. She said she is afraid of him. Afraid for her life, even.

She said he berates board members, staff and vendors. She accuses him of bullying and threats.

Elections next month may resolve the issue. Rigano hopes to solidify his majority and gain greater control over the board.

Here’s are some different views of the Satellite from Google Earth and FlashEarth.com.

It sits on the eastern edge of Valley Hi Golf Course.

A closer view shows the tennis courts and swimming pool for owners and hotel guests.

Residents of the Satellite enjoy fabulous views of the mountains and the surrounding city.

Here’s a nice story former Gazette columnist Rich Tosches wrote about the Satellite Hotel in 2004.

=========================================================================

BIRD BUSINESS GETTING EXPENSIVE AS FINES MOUNT

January 9th, 2011, 12:01 pm by

Round One goes to the Van Wormers. But Round Two is already costing them cash.

.

Cynthia Van Wormer kisses one of the birds she breeds and sells from her home in Woodmoor. The neighborhood homeowners association has ordered her to move her business because it violates covenants prohibiting animal breeding. Photo courtesy of KRDO Newschannel 13.

Cynthia and Thomas Van Wormer convinced the El Paso County Commission on Thursday to wink at state laws and county ordinances and let them keep their Rocky Mountain Bird Farm & Pet Supply in their Woodmoor home.

Thomas and Cynthia Van Wormer spoke Thursday to the El Paso County Commission in defense of their Rocky Mountain Bird Farm & Pet Supply business that they operate from their Woodmoor home.

It didn’t bother three members of the commission — Wayne Williams, Amy Lathen and Dennis Hisey — that the business violates state and county rules for home businesses and bird breeding.

Williams said if neighbors can’t hear or smell the birds, then the government should butt out. I call the policy “Don’t Ask, Don’t Smell.”

The three commissioners’ attitude incensed the Woodmoor Improvement Association, which is the homeowners association for the 3,000-home community in the woods east of Monument.

WIA President Chuck Maher called the commissioners gutless and said he wished he hadn’t voted for them. And he vowed the WIA would do what the commission didn’t have the spine to do.

Thomas Van Wormer, business partner Shawn Rapley, and Cynthia Van Wormer listen to testimony Thursday before the El Paso County Commission.

“We will enforce our covenants,” Maher said, vowing to use all means necessary including asking a judge for a restraining order to evict the business from the home.

In fact, the wheels of HOA justice already are turning.

On Friday, the WIA won a court decision against the Van Wormers over legal fees associated with fighting a restraining order the couple brought against the association in October.

The WIA submitted fees of about $1,600 in that case.

And the couple now is liable for daily fines stemming from their home business.

At a November WIA board meeting, the couple was found to be in violation of two covenants. Board members described it as a tense meeting in which Cynthia Van Wormer shouted and used obscenities in addressing the board and neighbors.

It fined them $50 for barking dog violations and $50 for having an unapproved home business, according to WIA attorney Debra Oppenheimer.

Both fines were suspended to let the couple remedy the violations. When their two wolf hybrids were shipped to a sanctuary in California late last month, they avoided the first fine.

But Oppenheimer said the home business continues to operate and the $50 fine will be reinstated along with a $25 daily fine that will accrue until the business is gone. The daily fine took effect Dec. 31, meaning the couple now owes $250 and counting!

I tried to talk to the Van Wormers about all this.

Cynthia Van Wormer called the commission’s decision “fair” but declined to tell me her next move. Instead, she attacked me, accusing me of slanting my original column against them.

Cynthia got very angry when I asked her about her testimony to the commission in which she said only about 25 percent of her 1883-square-foot home is dedicated to the business.

I reminded her that she told me her entire basement — about 1,000 square feet — is filled with 50 birds and she had put her living room and dining room furniture in storage to accomodate another 48 birds. That sounded like far more than 25 percent — the legal limit — to me.

Thomas and their business partner, Shawn Rapley, also criticized me and accused me of being unfair in my portrayal of them.

=================================================

WISH ANN BATES A MERRY CHRISTMAS . . . IN GEORGIA

December 22nd, 2010, 12:01 pm by

Ann Bates told me a story I couldn’t believe until I checked it out.

Bates bought a home in the Pinon Sun Townhomes in 1984. Her new unit started flooding during cloudbursts in 1990.

Every couple years a cloudbust brought a deluge that flooded the ravine behind her building, turned it into a lake with water flowing so fast it sometimes pushed through her basement window and gushed inside, ruining her walls, carpeting and furniture.

It happened repeatedly. But no one could seem to figure out why.

After the fourth incident over a 10-year period, Bates became frustrated and in 2004, she sued her Pinon Sun Homeowners Association as well as a neighboring condominium complex, an apartment complex and a church.

Her experts had identfied the neighbors as the source of the uncontrolled runoff causing all the damage.

After years in court, Bates won a $118,000 settlement. And the insurance company for the townhome and condo HOAs spent $270,000 expanding the stormwater sewer to handle the runoff.

Water pours under a fence from the Pinon Springs Condominiums into a ravine behind buildings of the Pinon Sun Townhomes. Photo courtesy city of Colorado Springs.

The work was completed in April 2009. Guess what happened in July? A cloudburst swamped the ravine and flooded her home again. A neighbor has experienced the same trouble, as well.

During the years the laewsuit dragged on, Bates couldn’t live in her home. It filled with mold that contamined the entire place. She stayed with friends for many months before finally moving in with her sister in Georgia. She still lives there in a rented condo.

The ravine behind Ann Bates' Pinon Sun Townhome unit is turned into a lake by runoff from nearby Picturesque Circle, which funnels the water onto a condo complex, over its tennis courts and past a privacy fence into the ravine. Photo courtesy the city of Colorado Springs.

Bates said her life has been ruined by the townhome, valued by the El Paso County Assessor’s office at $172,000.

 She can’t live in it because it would cost $15,000 to $30,000 to remove the mold. Years of paying attorneys and other bills have left her broke. She can’t afford to fix it. And she wouldn’t anyway because of the ongoing threat of flooding. She can’t sell her unit for obvious reasons and she can’t lease it.

Even worse, Bates said, her HOA is punishing her for suing. She describes HOA leaders as abusive. Most recently, the HOA ripped the deck off the back of her home. HOA president Bob Podunovich said he determined the deck was acting as a dam, flooding Bates’ home and her neighbor’s unit.

Water pours under a fence and into a ravine behind Ann Bates' unit in the Pinon Sun Townhomes. Colorado Springs' water engineer Lisa Ross said the city should raise the curbs or build a berm to prevent water from leaving Picturesque Circle and flooding the ravine. Photo courtesy of the city of Colorado Springs.

City officials and water experts disagree. In fact, city water engineer Lisa Ross said runoff from Picturesque Circle was wrongly drains onto private property of the townhome complex, down the ravine and into Bates’ basement.

The city identified the project as a high priority and had plans to fix it. Until, that is, the city’s stormwater fee ended last January and money for drainage evaporated.

So now Ann sits in Georgia with a townhome she can’t use in Colorado Springs. She fears she’ll never be able to live in it again, or lease it, or sell it.

=======================================================

MATTRESS RECYCLING FLOPS IN NEIGHBORHOOD

October 31st, 2010, 12:01 pm by

Is Colorado Springs being meanies to the greenies?

.

Some think so after officials told Tim Keenan he had to move his mattress recycling business out of a warehouse behind his rental house on Costilla Street in the Hillside neighborhood east of downtown.

.

Keenan thought he’d found a great new business opportunity when he started collecting old mattresses and stripped them for their metal springs, wood, fabric and foam.

.

With scrap metal selling for $200 a pound, it would be easy to recycle. A recycler in Utah pays for foam. Wood is valuable as firewood. And fabric has a little bit of value.

.

It was win-win. The city is overflowing with old mattresses, officials say. Landfills are overflowing, as well, and mattresses are a huge problem because they don’t compress well.

But Keenan ran into one small problem . . . his A Better Tomorrow Recycling business doesn’t mesh well in neighborhoods.

A homeowners association “got grumpy” when he started stripping mattresses in his garage.

So he moved to a house on Costilla, a busy commercial street east of downtown. The house included a large warehouse in back and seemed perfect for his business.

And everything was fine until his truck broke down and he needed his warehouse to work on the vehicle.

 Mattresses started piling up in the driveway off the alley.

 Neighbors complained. An officer from the city Code Enforcement Agency came out and found the mess.

She also discovered the recycling business operating in a commercial zone. Recycling is 0nly allowed in industrial zones. It had to go.

Keenan is frustrated. Everyone seems to agree there is a huge need for a mattress recycling business. He’s in a building that has housed businesses for years. It’s not a pristine neighborhood. His operation is off an alley and is surrounded by a locksmith, mini-warehouses, a roofing company and more.

But recycling just doesn’t fit, officials say. Keenan has until Nov. 15 to end his recycling activities. He hopes to move to a new warehouse at 2512 Weston Road, just off Delta Drive near Hancock Expressway on the southeast side of the city.

Tim Keenan describes how he strips mattresses, separating their metal springs from their wood frames, foam and fabric in this Oct. 29, 2010, photo

=============================================================================

VILLAGE SEVEN FEUD DRAGS ON AND ON

September 29th, 2010, 2:45 pm by

Meet Bob Robella. He’s the guy on the bicycle with the two dogs running beside him.

He’s riding onto the sidewalk outside the Village Seven home he bought in 2006.

Only problem, the Village Seven Homeowners Association has covenants requiring the dogs stay leashed. Same as city ordinance. The HOA also doesn’t allow folks to breed dogs in their homes. Guess what . . . Robella breeds dogs.

As you can imagine, Robella doesn’t like the HOA or the covenants much. So he has refused to abide by them, or gladly pay his HOA dues, for that matter.

The covenants give the HOA board authority to determine what colors can be painted on homes and fences in the neighborhood. Robella doesn’t care much for that rule, either. So he painted his fence the color he liked. You can see it in the photo.

All this conflict led to the courtroom. Robella lost and was ordered to pay $2,400. But he kept fighting.

For example, he refused to pay dues saying he didn’t own the house anymore. He gave it to a woman in Florida. And he refused to reveal her location so they couldn’t charge her for dues. He claimed harassment when the HOA persisted in in pursuing him for past dues and fines.

He sued the HOA and its president for raising dues and other allegations, including damage to his fence from HOA water sprinklers

Earlier this year, Robella agreed to pay $12,000 to settle the $30,000 bill the HOA was seeking in a lawsuit in 4th Judicial District Court. He also agreed to re-stain his fence and abide by covenants regarding dog breeding, leashes and the rest.

But before the paperwork was finished, Robella reportedly reneged. He disputes what was hammered out in mediation and refused to sign the settlement.

Here’s a look at the settlement document’s signature page. A court clerk signed for Robella, who is labeled a “Disobedient Party” in the notation.

Robella claimed his attorney exceeded his authority in negotiations during binding arbitration. He even sued the HOA again in small claims court.

But there’s hope the dispute may end someday. Robella’s house is listed for sale. Here it is on the real estate agent’s web site:

Here’s a column I wrote in 2009 about Robella and his feud with Village Seven. And here’s a link to the accompanying blog.

==================================================================

SOMETHING IS SQUIRRELLY AT LEXINGTON PARK TOWNHOMES

September 12th, 2010, 8:04 pm by

Did this little squirrel, with the plastic bag wrapped around his neck, actually trigger a war in the Lexington Park Townhomes in northern Colorado Springs neighborhood of Briargate?

Resident Constance Rohrer says it did.

Actually, it was her decision to take in the squirrel, feed it and cut the bag off it’s neck, that led to harassment, fines and even felony theft allegations, Rohrer said.

Are you scratching your head like I was?

Seems Rohrer nursed the squirrel back to health and released it in her 96-unit townhome complex. But one of her neighbors alerted the homeowners association about a rogue squirrel. The HOA hired a trapper who came out to catch the squirrel. Rohrer intervened, ordering the trapper to leave.

Here’s a look at the complex from Google Earth.

Here’s it’s web site:

These are photos from the web site.

Rohrer says the rescue incited the wrath of her homeowners association board and led to harassment, hundreds of dollars in fines, and even allegations of felony theft lodged against her with police.
So I contacted the president of the Lexington Park Townhomes HOA figuring I’d clear it up and move on.

But Chad Farris, the HOA president, declined to talk to me. Ordered me not to use his name. Wanted me to meet him “in a public place with my attorney present.”

Hmm. Maybe the squirrel lady isn’t nuts, after all.

I talked to others at the 96-unit complex at Lexington Drive and Union Boulevard in Briargate. Especially persuasive was previous HOA president John Chestnut.

“It’s a power thing,” Chestnut said. “I’ve been here 10 years. I was on the board 6 years. We never had any trouble with the board.
“Now, a lot of people are upset. It’s not just how they are treating Constance. It’s how they are running the board. Treating everybody.”
======================================================

HOA LOSERS GO DOWN KICKING AND SCREAMING

July 28th, 2010, 4:09 pm by

Rarely, it seems, are there graceful losers when Homeowners Association go to war. Some board members who can’t accept their defeat and scratch and claw trying to remain in power.

We were witness to that Tuesday in 4th Judicial District Court.

.

 Judge Larry Schwartz presided as ousted Crystal Park community HOA board members desparately tried to retain their seats on the board.

.

It’s kind of sad, really.

.

The community had just voted to flush the board by an overwhelming majority. A recall group collected 187 votes to oust the six board members. Just 20 voted to retain the board.

But there they were in court, their attorney trying to argue all the reasons they should remain on the volunteer board.

In the words of the late Hunter Thompson, it was all a lot of “niggling gibberish.”

.

Schwartz didn’t want to rehash all the battles that led to the recall effort. I’ve written about some of the issues that divide the 220 homeowners on 2,000  wooded, mountainside acres.

Folks in the lower park — many are older, longer-tenured residents — object to spending by the previous board to create a volunteer fire department.

The department was pushes mostly by residents in the upper reaches of the park. Many of them have lived in the park a shorter amount of time.

But Schwartz didn’t want to hear all the history.

He was there to determine if the recall election was legal. Did residents have “cause” for a recall? Did they follow the law in gathering proxies? Was their request for a special board meeting valid? Was their use of an independent account to certify the results proper?

His answer? Yes, yes and yes. The people have spoken. The vote is legit. The old board is out and the new, interim board, is in. Only until elections can be held to find permanent replacements at the regular annual meeting this fall.

Check out my earlier blog on this topic. And here’s a link to the recall group’s blog.

Now, on to the Woodmoor Improvement Association.

Woodmoor Improvement Association

Woodmoor is one of the largest HOA communities in Colorado.

I first wrote about the WIA and its board power struggles in January 2009. At that time, five board members had resigned in the prior months.

 I talked to three previoius WIA board presidents who took turns criticizing the current board and its president, George McFadden. They called him “King George.”

Things got so bad in Woodmoor that a group of dissidents organized a coup this past January. A slate of three candidates ran against a slate of McFadden allies. The dissidents won by a huge margin. They joined three sitting board members to oust McFadden from the presidency. Next they got busy undoing many of his policies. Here’s my blog from that episode.

In the months after the election, McFadden and his two remaining board allies, Larry Goad and Mari Robbins, went missing in action.

They just didn’t show up for board meetings. So, in May, the board bounced them out and in June replacements were elected.

Funny thing is, McFadden, Goad and Rollins are angry. They say their ouster was illegal.

They wrote an “open letter” to the residents of Woodmoor protesting their removal. They even called on the new WIA president Chuck Maher to resign. Here’s the letter from the July edition of Our Community News.

.

I had a hard time reconciling in my mind how the three could be “faithful board members” when they never even show up. So I tried to call McFadden to ask him about the seeming contradiction.

As in the past, he declined to talk to me.

But he sent me a letter in which he explains his position:

THE GREATEST NEIGHBORHOOD ON EARTH

June 13th, 2010, 12:00 pm by

Last week, the Ringling Bros. and Barnum & Bailey Circus rolled into Colorado Springs.

And for one week, it was the Greatest Neighborhood on Earth.

At least the most unique neighborhood in town.

It’s the only true mobile home neighborhood anywhere. Here it is, 30 silver coach cars lined up for a half mile along Interstate 25 and Monument Valley Park.

You might think your neighbor is a clown. Or your homeowners association is populated by them. But this neighborhood is full of them. Here’s a look at Ringling’s class of clowns from its web site:

I’ve seen the clowns perform and they are a funny bunch.

In chatting with people on the train, I understand they are equally funny in private.

Paul Lanquist, 59, of New Orleans, is a porter for the circus. He’s worked for Ringling Bros. 10 years. He said the clowns are “off the wall” at times and keep everyone laughing. Here’s a look at Paul, standing on the Uintah Street bridge:

Paul said the clowns are pranksters. And they love birthday parties. In fact, Paul won’t tell anyone his birthday because he doesn’t want to get a pie in the face!

“I’ve been real careful not to tell them,” he said, laughing.

Another circus worker, Mike Murphy, 41, of New York, said there are different communities on the train. Performers and dancers tend to stick together, he said.

Mike works in transportation, getting equipment off the train and to the arenas. He said working guys like him hang out together.

The circus provides living quarters for its staff of 300. Newcomers generally get smaller rooms while long-time employees typically get roomier quarters. Most bring their own TVs. Some even hook up satellites to get programming. 

It’s no uncommon to find childrens’ toys scattered about the train.

The train was around for a week, stretching out from Uintah Street south to the pedestrian bridge over Interstate 25. Here is sits over Uintah.

The Ringling Bros. and Barnum & Bailey Circus train sits along Monument Vallely Park in downtown Colorado Springs on June 11, 2010. In the background is Interstate 25, the Bijou Street bridge and Cheyenne Mountain.

Here’s a stylized look at the circus train from the circus web site:

=============================================================

BET THIS GUY’S NEIGHBOR WISHES HE HAD COVENANTS

May 14th, 2010, 11:28 am by

I don’t know the story behind this photo, which was emailed to me as spam. It’s pretty obvious there’s an intense political debate behind it.

But it made me think.

Often, people suggest to me that simple conversations between neighbors will resolve most disputes.

Unfortunately, there are too many childish people in the world like this clown.

He’s willing to endanger his neighbor by painting a target on him to potential burglars to make a point. And the moron clearly doesn’t realize he’s also painting a target on himself to any criminal looking for guns.

A lot of homeowners associations have covenants restricting yard signs.

Wonder if the neighbor is wishing he had such covenants and an HOA willing to enforce them?

========================================================