LETTERS in TMJ “Repeal Colorado’s HOA laws” that protect HOA/CIC boards and their sycophants
LETTERS “The Mountain Jackpot”
“Repeal Colorado’s HOA laws”
While perusing articles, letters, press releases,etc. from HOA/CIC homeowners, and others, on the American Homeowners Resource Center’s website (www.bapd.org/gamrer-1.html) the other day. I remembered that Teller County’s HOA/CIC homeowners suffer. From the same dictatorial invasions of their ecology, independence and financial well-being from their board of directors and their boards’ lawyers that occur nationally. It also crossed my mind that if HOA/CIC boards and their lawyers were classified as a disease, what’s happening in subdivisions throughout our country – including Colorado- would be called a profoundly devastating ( to people and things) national epidemic.
I also remembered an HOA/CIC event in Teller County that occurred back in March of this year. It happened in a (at one time, naturally beautiful) HOA/CIC here in Teller County. It stuck in my mind because it was very typical of corrupt HOA/CIC board members and their power-and-money-seeking sycophants throughout this country.
DISTURBING EMAIL
In that particular HOA/CIC, a homeowner had received a very disturbing email from a sycophant of the HOA/CIC board. A realtor ( if I remember correctly) who owned property in that association. This particular realtor (and his wife) had apparently behaved in a very threatening manner toward a homeowner on several occasions in the past. The last time having been during an association board meeting. As I understand it, the realtor-homeowner behaved in an uncontrolled, threatening manner toward the homeowner during the meeting. ( the homeowner later described the realtor-homeowner as one who seemed like a screaming, vein-popping,red-faced,fist-shaking maniac).
However,during the realtor’s verbal onslaught, board members did nothing to stop it, nor did they say anything about it later. The reason for that,it appeared, was because the recording of meetings in that particular HOA/CIC had long since been banned by the association president and the rest of the board,which meant that the homeowner could never prove, in a court of law, that what happen;ed had actually happened since only board members and some sycophantic members usually attend board meetings (most normal members having long ago figured out who held the self-serving ‘hammers’ in their association, and who didn’t). What it’s like to live in an HOA/CIC dictatorship, anyone?
Months later came the email. It read like a thinly-veiled nasty email with what appeared to be many errors of facts and law in it. Constitutional and otherwise. Here was one thing in that email that stood out above every other awful thing that was written in it. Remember, as you read it, that this particular association appears to be almost totally corrupt. And would no doubt be a prime candidate for a RICO lawsuit. Should a homeowner in that association decide to bring such a lawsuit.
The realtor wrote that the homeowner’s “lawsuit could end up getting quite expensive. At least we [members of that HOA/CIC and their sycophants]have[x number of] members to share our legal costs. “To me, that…can it be called anything other than a “threat”?…appeared to come straight out of what many HOA/CIC homeowner advocates and homeowners in this country call the CAI lawyer’s “playbook.”
The realtor’s email to the homeowner appeared at first to be just another attempt to intimidate (threaten?). The homeowner, which the realtor had done many times before. But this time, the realtor also appeared to have another, more insidious(or shall we call it”evil”)purpose in mind.And that purpose seemed to be to try to convince the homeowner that all the association’s board members and their sycophants had to do was wait the homeowner our, in terms of money, because the association board had “deep pockets” (dues, etc., received from all the members of the association) to tap into for as long as the board and their cabal chose to do so.
THE THREAT
He seemed to be suggesting that the homeowner would probably run out of money but the association wouldn’t. That would mean that the homeowner would lose his/her case. (It also often means that, during the time period the homeowner struggles to pay his/her legal and other family bills, he/she might eventually become unable to pay his/her HOA/CIC dues, assessments,etc.) And if/when that happened, the association’s lawyer more than likely would slap a lien on the homeowner’s home so that after the homeowner lost his/her lawsuit, the board’s lawyer –especially if he or she was a member of the Community Associations Institute–would simply foreclose on the homeowner home, forcing the homeowner into poverty and homelessness.
THE GRAB AND RUN
The association lawyer, in the meantime, would secretly tell a buddy (another CAI lawyer or like- minded cohort) about the foreclosure. His buddy would then buy the home during its foreclosure sale for next to nothing, comparatively speaking. Then the CAI lawyer’s buddy would, almost immediately after buying it , sell it for what it was really worth , sharing the monetary goodies with all concerned in the deal, i.e., the CAI lawyer and all HOA/CIC board members and their sycophantic-cohorts.
Yes, dear readers, that kind of thing really does happen in many, if not most, HOA/CICs. If you doubt my word, just go to the AHRC website , put the words “CAI” and “foreclosure” into its search engine, and you’ll get enough “hits” to be reading about the subject for a long, long time–especially those articles that have been written by some folks who use to own HOA/CIC homes in California and other states before they lost them through foreclosure actions.
IT’S TIME TO DO SOMETHING
It’s time methinks,…PAST time…to repeal Colorado’s HOA/CIC laws called the Colorado Common Interest Ownership Act (CCIOA), many of which certainly give every appearance of being written, or amended, by Denver CAI lawyers/lobbyists and other leaders of the HOA/CIC “industry” in Colorado, in collusion with–or so it appears—willing and cooperative Colorado legislators who then unanimously approve them in both Houses, and which are then signed into law by Colorado’s willing and cooperative Governor(s).
Hmmm…Perhaps We The People (voters) could recall some of those Colorado legislators at the same time we appeal CCIOA? Now I ask you ….wouldn’t THAT be a day to celebrate freedom and liberty for all HOA/CIC homeowners in the state of Colorado!
..Oh,forgot to mention that the realtor-homeowner sycophant no doubt will be legally summoned (along with members of the HOA/CIC board) by the lawyer who was representing the homeowner to answer a lot of probing questions,under oath, should the homeowner’s lawsuit against the association result in a court trial. Also, as a result of that trial, the realtor’s name would become part of public record so that anyone, anywhere, could look it up and see exactly who he was. My understanding is that he does not live in the association , he just owns a prime piece of property there. As do most of that particular association’s board members and their sycophants).
by Jan Jackson
Florissant
June 12. 2007