Disheartened/ Proxies not Counted

Started by MayahB • 7 replies • 1267 views

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MayahB (Colorado)
Posts: 3

Posted:

I just recently moved into an area with an HOA. Prior to moving, I was told that the HOA was there but not enforced. I bought my modular home in Falcon, Colorado and then found out that they just started enforcing rules a few months after I moved in.

They pick and choose who they enforce the rules upon. I do not live in a planned community perse. It's old land that sits in the middle of an old field near the County Airport. But is it far enough away from the City for me to have chickens and a clothes line.

Tonight they had the official Board Meeting to vote in new members. One man who was running went and collected proxies from his neighbors in sealed envelopes. The board was even told that he was collecting their ballots. He shows up, asks if they need the ballots yet and they tell him No. He was part of the coalition who wanted to change how the HOA rules were being enforced. They had the votes for their coalition but the attorney that was there representing the HOA invalidated the votes and then they disappeared. They put in their people so nothing will change.

This is crazy in there have been people now who have lived here for 15 years, with buildings on their property, who they are now telling that they are in violation. There was an elderly couple in their 70s, the old man on oxygen that they tried to kick out of their home... it bothers me because I feel that they sold me a bill of goods to buy into this house and then changed the rules after I came here. Everyone does.

Prior to the Housing Bubble, my house was last sold for 210,000. I bought it for 140,000, which was what it was appraised for. One man was insinuating that it was because of the HOA covenants that his 280,000$ house is now worth 30% less. We have numerous foreclosures, homes on the market, etc because the market is just depressed.

What bothers me most is how they invalidated the vote of so many ballots. Is there any recourse?

I asked the lawyer if they hadn't enforced the covenants for decades, why didn't it take a vote of 67% to start enforcing them again? If it takes that many to change them, why didn't it take that many to start enforcing them again? I also asked why some people have permission for 2 horses on 2 acres, while others are being told to give one of them up. This isn't the case of animal neglect as the County is very good about animal neglect.

They stole the election so what recourse do any of us have?

TimB4 (Tennessee)
Posts: 21,047

Posted:

Mayah,

What were the reasons the proxies were invalidated?

If you believe that the proxies were invalidated improperly, then the only recourse would be to challenge the vote in the courts or through mediation.

I know that this isn't what you wanted to hear, but this is how Associations work.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Mayah - use use the word "proxies" and then "ballots" to describe what this man carried to the meeting. What exactly did the homeowners sign/

You really need to study your documents. The contrasts you give are so extreme that it really would take some study to figure out what is in the board's head. The lawyer seems to be right there, so there must be some legal stand they have.

Your argument about the 67% needed to either enforce or disband is flawed. The CCRs exist and the board should do that. They can't be re-voted on in order to enforce.

MayahB (Colorado)
Posts: 3

Posted:

They sent out ballots three weeks ago for the election of a new board. The major issue was that the HOA started enforcing the covenants about a year ago. People have had buildings on their land for years without ever a complaint. The Board give waivers for some people but not others.

On the ballots, there was a place so that the homeowner could cast their vote. One of the men running went to his neighbors and took their ballots and had them sign the bottom of their ballots to be their proxies. It is those ballots of the people who signed that they refused to count.

The whole problem with this area is that this part of it, before it was finished with paved roads, was in bankruptcy. For many, many years it was on autopilot as the covenants were not enforced. It existed purely for the purpose of collected monies for water, trash and a $10 HOA fee to cover administrative fees.

For many years, property prices kept going higher. My house sold before me for 210,000 and it was last appraised/bought for 137,000. As more and more modular homes started to go into foreclosure, the Board started to get complaints about non-enforcement of covenants. A man whose wife had a daycare for over 5 years was ordered to close down, work vehicles were told they couldn't be parked in the driveway, while others were allowed to work out of their garages and have HAM radio antenae.

I'm trying to meet with the President of the Board because last night was ugly. The little old man barely able to move who forced himself out of the house just to try to tell his story of how they tried to remove him from his home.

I was told last night that it takes 67% of all homeowners to change the covenants. What I couldn't understand is if the covenants were not being enforced for many years, why didn't it take 67% of the homeowners to decide to enforce them? That was just a rhetorical question.

BradP (Kansas)
Posts: 2,640

Posted:

Mayah

If you read through your covenants there is more than likely a clause that says something to the effect of failure to enforce any of the declarations does not prohibit them from being enforced in the future. That is pretty standard language and is for situations similar to yours. Just because they didn't enforce them for years doesn't mean they don't exist and don't have teeth. The issue they run into and it could get sticky is how they move forward. IF they are inconsistent in their approach, i.e. neighbor A has chicken wire for a fence and is forced to take down, but neighbor B with the same exact chicken wire is allowed to keep up, then you are in trouble. Sounds like you have a bunch of issues and folks are trying to solve those issues...

SusanW1 (Michigan)
Posts: 5,202

Posted:

Mayah - ballots are NOT proxies.

No wonder your board refused to take them.

There is a ballot (to be filled out and returned by mail or to the MC or board)
There is a proxie (to be filled out and given to the proxy holder OR to the board to cast as the board sees fit)

The two are not the same.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Mayah,

As Susan posted, there are huge differences between Proxies and Ballots.

Ballots must have a chain of custody (for lack of a better word). If the Board had accepted the Ballots and the election was challenged, the Association probably would have lost the challenge.

The individual picking up the Ballots probably had good intentions. However, they most likely used the wrong procedure which invalidated the vote.

MayahB (Colorado)
Posts: 3

Posted:

I wish now I would have had the copy of mine. At the bottom on my ballot, there was a section that allowed me to give my ballot to another to vote on my behalf. I just had to sign it. Had Bob, the man carrying the proxies, given them the ballots before sitting down, they would have accepted them. He asked first before setting down if he should turn them in. They told him no.

There is a normal HOA meeting coming up and I plan to attend.

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