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Tuesday, December 02, 2008

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Subject: CO: Breaking the Rules

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RogerB
(Colorado)

Posts:3702

07/07/2008 8:23 AM
This posted article illustrates why HOA's get a bad reputation. Here is a link - http://www.coloradoan.com/apps/pbcs.dll/article?AID=/20080706/BUSINESS/807060308 I did not see any specific quote that the homeowner had received permission from the ACC but must assume she did not. If she didn't that started the problem. Meanwhile, ACC has turned down her request for a gate. I think that decision was wrong and needs to be reversed. I think she should have been given a variance (if deemed necessary) because this situation deals with the safety of her child. This is based on the prime directives of CC&Rs which are to maintain property values and provide for the quality of living and safety of the homeowners. It appears based on the comments attributed to the referenced attorney that she was hired by the HOA's Board. Who among you has ever seen an attorney's opinion which is not biased towards whom they represent? Such bias creates a problem for HOA's because many Board members will make decisions based solely on their attorney's opinion. Beware! This can be a catch 22. I think this homeowner has a very strong case. What do you think?

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

LindaC3
(Florida)

Posts:526

07/07/2008 8:55 AM
RogerB.....I cannot fathom why a BOD would be unwilling to work with this woman while her husband is defending the very reason we have the freedoms we do........ I believe the gate is in good taste and keeps with the architectural harmony of the neighborhood......I guess this present BOD has nothing else better to do...I strongly feel she has a great case should it ever get to the courts and I for one would love to be a fly on the wall to hear the Judge admonish this BOD for the way they have been treating this family........ LindaC3

GlenL
(Ohio)

Posts:1377

07/07/2008 10:42 AM
Roger I have to agree with you on that this is the type of situation that makes for bad press for HOA's even if they are in the "right". It's hard to tell without reading the CC&R's exactly who is in the right both parties appear to have valid points. The HOA's insistence on the child gate which wouldn't blend in with the home vs. a permanent gate that matches and will be removed when the kids can walk is silly. It would be much better IMO to require her to get ACC approval, grant it as a temporary safety measure and require its removal in 1 year. Our community is composed of three story buildings and we had one person on the top floor with small dogs that could easily slip through the railings of the deck. We allowed her to install a wooden lattice on the inside of her railing which was stained to the same color and blended in so well you had to really look for it. Technically a violation of the CC&R's but IMO not against the intention of them and better than getting bonked on the head by a five pound Chihuahua plunging to its death.

SusanW1
(Michigan)

Posts:2178

07/07/2008 12:41 PM
That does, however, look like a permanent gate construction to a temporary problem. It will be interesting to see what happens when there is no longer a "need" for the gate.

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Forums > Homeowner Association > HOA Discussions > CO: Breaking the Rules

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