Saturday, December 27, 2014
When our State legislature and regulatory agency required guidance on writing legislation, guidelines, and ethical standards to implement a new law to mitigate abusive practices in the (PM) industry they relied on the CAI for expertise. Licensing is implemented to protect homeowners against the abusive practices of PMs (the CAI's members) so why the undue influence in writing rules from the very industry that caused the problem in the first place? This is what happens when an organization is accepted to incorrectly represent HOA home owners.
Then there is the CAI's objection to a requirement in the proposed construction defects legislation that mandates home owners vote on the use of their HOA funds prior to the HOA entering into costly litigation. This would effectively decrease the number of HOA law suits, ease of access to HOA bank accounts enjoyed by HOA lawyers, and save HOAs millions each year in litigation costs (but the CAI is only protecting home owner interests, right!)
Just one more example to seal the case on misrepresenting the CAI to be home owner centric. This involves their lobbying efforts with FHA/HUD and the State legislatures to allow the continuance of the abusive HOA home sale Transfer Fee. The fee is charged by, amount determined by and retained by property managers in the sale of a residence in an HOA to prop up PM income: no benefit to the HOA. If not paid at home closing it can preclude the home sale. What else it can preclude is FHA/HUD loan approval/insurance on home sales as HUD doesn't allow the presence of these fees in the home sale transaction. Thus this fee can dampen home sales and the building of affordable housing that benefits from HUD loans.
CPR is not alone in getting who or what the CAI is wrong. The Denver Post, our legislators, television, and other media outlets are all equally wrong. When confronted they seem to be unaware of who or what the CAI represents, their legislative actions, how they make their money, and who are their paying members. Informed and accurate reporting and legislating would ask these questions. Interesting to note that when the media indicates the CAI represents HOAs and home owner's organizations they can't or don't try to identify just one: there aren't any! This ongoing, unquestioning and inaccurate practice of who or what represents home owner's interests is problematic and detrimental to home owner interests and ensures the governance and oversight of HOAs will continue to be skewed against home owners until the media and legislators get it right.
Friday, December 19, 2014
Well government caused the problem by allowing legislation to be mostly written by developers, lawyers, and the Community Association Institute (CAI) to ensure their financial interests were protected. Legislation was written with the absence of any viable means to enforce these laws or HOA governing documents from the home owner's perspective. If government broke the intended good of HOAs and the laws they created they should fix it.
I don't see this particular legislator (and others) directing businesses and interest groups to figure it out for themselves. They are liberal in handing out subsidies to farmers, tax breaks for large corporations, tax rebates and incentives to businesses, imposing tariffs on imports or working to open barriers to free trade, restricting pollutants or chemicals in our food, etc.: all to help "in figuring it out". This attitude about not legislatively helping HOA home owners from abusive practices and basically unenforceable laws is no less than dismissive of home owners and hypocritical.
What HOA home owners are asking for, unlike the help provided to businesses and special interest groups, are remedies that don't cost taxpayers a nickel but save home owners, taxpayers, and HOAs millions each year in legal costs and ensure enforcement of property rights. HOA home owners deserve more respect when asking for legislative support especially when they ask for so little.
Monday, December 15, 2014
If you purchased a home in an HOA (single family dwelling, townhome, condominium) over the past two years and your closing documents indicate an HOA Transfer Fee was assessed, please contact the Colorado HOA Forum firstname.lastname@example.org. We will work with home buyers/sellers to request a refund of this fee and apprise the FHA of this improper fee.
Sunday, December 7, 2014
too often asked as to whether an HOA can do something; “is that against the law”; “but State law
indicates”; or “my HOA governing documents state I have the following rights
but....”. In most cases the questions
reveal a violation of home owner’s rights under the law. The question you
should be asking is the one you really don't want the answer to. You bought your home in the HOA with the
understanding that you give up something (home owner’s rights under the
covenants, controls and restrictions) to get something (a neighborhood with
stable home prices, aesthetically appealing, community amenities, etc.). You understand that an HOA is a local
government of its' own managing the affairs of the community and can collect
dues/fees and penalize non-compliance.
This all seems acceptable as you are protected by a full set of home
owner’s rights to ensure abusive practices are mitigated, financial
accountability is demanded, and governance is executed with open elections,
meetings, and management practices.