RobertT
(Colorado)
Posts:40
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| 11/06/2007 4:51 PM |
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Hello,
I am a member of the ******** Community in Colorado and want to get some assistance if possible. We in the community recently were issued a Emergency Assessment which was forced by the Board of Directors by **** (Management Company) and imposed on the **** community owners for us to pay a quarter Million Dollars to cover the costs of People not paying there association bills an other costs.
The breakdown of these costs can be looked at by going to our Community Website at:
http://www.neighborhoodlink.com/centennial/hmca/
What we are wondering is if the Current Board can enforce this and if this may be a legal matter. What we are worried about is that we just had a major increase in our dues and (see Website) feel that this major Emergency Assessment will actually cause more Foreclosures then help our bottom line.
An example of the current dues for a 3 bedroom town home are currently at around $297.50 and now with this emergency assessment of $317.50 for the next 5 months will cause our dues to increase to $615.00.
What we don't want to happen is to have this community fall apart because this is too much to pay and they cannot afford it. Our property values have already droped 20-30%. There are also those who are on fixed incomes that cant afford it. All these people will be issued a Lien against there property and may go into foreclosure.
Any Suggestions?
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JoeW1
(New York)
Posts:728
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| 11/06/2007 5:23 PM |
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| RobertT - Are the dues justified to cover the Association's budget and to be current with the times? If so, you must weigh your disagreement with the legal necessity and fiduciary responsibility of the Board to assess. Future owners probably won't care if existing owners shelled out money to cover what they should have been covering all along. |
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RobertT
(Colorado)
Posts:40
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| 11/06/2007 5:41 PM |
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Joe,
I know your are very busy and dont have time to go out to our website, but our community has been ignored too long and its time someone do something about it.
I am a voice for the community of 298 members. We recently had a meeting and their was no discussion about this Emergency Assessment. It was forced on us. Our magnement company **** charges some of the highest adminstration costs (29%) and we are stupid enough to pay our manintenance personnel another (19%) on about a $750,000 dollar a year due collection.
Our community is falling apart and the we have already had 3 special assessments. There is a hidden agenda here to take this community down. We cannot afford to pay these Assessments now or the 3.1 Million Dollar capitol improvement required for our complex.
I know our insurance costs are very high based on recent fires and our roofs leak. I suspect we do need the money but this is just hurting our community.
I wish that this board who has a president in there for 7 years would be replaced but our declaration requires 151 members to overthrow them and get some other management company in here.
We have a 50% rental rate so those people are hard to get a hold of...
Thanks...
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JoeW1
(New York)
Posts:728
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| 11/06/2007 6:03 PM |
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| RobertT - Not too busy, checked out the website you provided a link to. May I caution you that unless you have the express written approval of the Association to speak for them, you do not speak for the Association. Especially since 50% are renting and not available as you admit. Additionally, posting the internal affairs of your Association's financial circumstances may do more harm than good in advertising the finacial straits to the worldwide web. Be careful, even though you may be correct, be careful. You state their is a hidden agenda to "take this community down". No Robert, think about the logic of that comment. Are the Board members in favor of the increases so rich to be immune from the assessement they are imposing on themselves, in addition to the other members of the Association? Even if they are, do you really think you are going to convince everyone else that they are? If 151 members are required to remove the Pres. than let them do it without you. My advise is take down your website if you have created it. Let other owners step up and band together to evidence change. Step aside to protect yourself from litigation. |
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RobertT
(Colorado)
Posts:40
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| 11/06/2007 6:13 PM |
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Joe,
I apprieciate your help although there are talks of a scrap off. What can they do to me-Legal action? I just want to help but **** is really running the board and this community needs some help. If I shut down the site where will people go to voice their opinions?
I really care about this community and Want it to be the best it can be.Please tell me what I should remove. I have seen other sites and this information is posted.
Thanks for your help, |
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HaroldS
(Arizona)
Posts:904
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| 11/06/2007 7:37 PM |
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I read a little of your website and am confused. Most posters seem to blame the management company for imposing this special assessment. How is that possible? Don't you have a board running the show? Why is the tail wagging the dog? If that is the case, you do need a new board who will fire this management company and begin running the HOA as it should be run.
In addition, I would assume a special assessment of that magnitude would require a vote of approval from the members before being implemented. Am I missing something? What does your documents say about special assessments?
This is a catch 22 situation. How can people barely able to pay their creative financing mortgage, going to be able to pay this special assessment? Is someone benefiting from more foreclosures? Harold |
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hoatalk
Posts:487
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| 11/07/2007 4:08 AM |
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Posted By RobertT on 11/06/2007 6:13 PM
Joe,
What can they do to me-Legal action?
Yes, others have been sued for similar actions and depending on the circumstances, you could too.
Also, we do not allow posting of person or company names on this website so please don't post your community name or management company here. Thanks.
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HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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RobertT
(Colorado)
Posts:40
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| 11/07/2007 5:54 AM |
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Harold,
Yes it is true our board is being directed by this management company.... one quick look at this You Tube site showing some videos of a meeting in which the Management company called the police (911) will tell you the whole story-
http://www.youtube.com/profile?user=Highlinemeadow
The management company got in ther around 1998 after a major special assessment and Board change was made. A similar siituation as today but since then our dues have compounded from 6.7% adminstration cost to a whopping 29%.
Our hands as a community are tied when the board of directors is in the pocket of the managaement company and being dictated to force this kind of assessment.
To make change we have put out flyers and installed a petition box to obtain enough signatures to do an independent audit and have an election . The problem is that the president ordered the manintenance people to rip down the box containing petetions and any postings of it.They stole them!
We had to go to the internet because people in this community are afraid of the management company and Board.
Thanks,
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RobertT
(Colorado)
Posts:40
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| 11/07/2007 6:16 AM |
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Harold,
The main point of this emergency assessment is to have the community pay for dead beats that have not paid there bills. It is an Extra ordinary burden that has been placed on this community without any votes or discussions.
We have contacted the Attorney General, the City, The DA and now are gathering information on the Outside owners (renter) to have them sign a petition eliminating this current board and removing the Maintenance company.
They have flexed there muscle and we are trying to respond because the people of this community cannot afford to be slammed with this type of major assessment which affects there bottom line. I lot of them may walk away or not pay... I think that is what these people (Board and Management Company)Want
They may be getting kickbacks or already have a plan in place for a scrap off and not care about us. They certainly didn't want to inform the community the correct way...they just wanted to impose this and shove it in our face...
Its not as easy as it sounds... Belive me.
You know it funny that if you go look at these videos that the head of the management company talks about the real special assessment that may be imposed on us in the future for capitol Expenses (3.1 Million dollar improvemnts)not financial ones... she explains that the cost will easy for all around $60 to $70 dollars a month.. Not $300
Now this is not fair! We need help....
http://www.neighborhoodlink.com/centennial/hmca/
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JoeW1
(New York)
Posts:728
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| 11/07/2007 7:12 AM |
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| RobertT - What a 3-ring circus, with you as one of the ringmasters or at least one of those holding court. You've got to look at the big picture with the effect upon property values of a public display of internal dysfunction. I suspect you will get trampled or caught up in the legal melee if you don't change course. I strongly suggest you take down the website - don't give the masses a venue to anonymously vent, it is enabling. I have learned from experience that as long as the vocal minority speak up, the majority take it for granted. A quorum and percentage of the community to petition and get rid of the Board and MC is within the power of the owners. What do your gov. docs and local, state, or federal law state about the owners voting on questions (capital expense, assessments over a certain threshold, etc.)? If the people can't afford an assessment, let the people speak up, say so, and do something about it. |
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RogerB
(Colorado)
Posts:3701
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| 11/07/2007 8:32 AM |
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Robert, as you are aware there are serious problems which need to be resolved. They start with the management provided by your Board of directors. My first thoughts are:
1. YOUR HOA'S DELINQUENCIES NEED SERIOUS ATTENTION
Has the Board established procedures to significantly reduce delinquent assessments? You are required under CCIOA to have Policies and Procedures for collection of delinquent accounts; obviously you procedures are not effective.
2. YOUR BOARD NEEDS TO EVALUATE THE COMPETENCE OF THE MANAGING AGENT.
The Board needs to hire a management company which will provide better guidance in many areas, including expense reduction, conduct of meetings, and communications.
3. YOUR BOARD NEEDS TO REDUCE MANAGEMENT EXPENSES
Why have your management expenses skyrocketed? How long has it been since competative sealed bids were obtained for management services using a detailed RFP?
4. YOUR BOARD NEEDS TO REDUCE INSURANCE EXPENSES
Why has the insurance esculated so much? Has your HOA had several claims? How many insurance bids were recently obtained and from which insurance brokers? Who is evaluating your insurance needs? |
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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 |
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JoeW1
(New York)
Posts:728
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| 11/07/2007 1:11 PM |
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| RogerB - Have you checked out the website Robert gave a link to and the YouTube video? Curious what your second and third thoughts are. Mine are for Robert to move, end of story. Why would anyone put themselves through all the drama? |
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RogerB
(Colorado)
Posts:3701
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| 11/07/2007 8:30 PM |
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Joe, I did view the links before responding. My comments were ideas on how to try to help correct the problems. One will put up with the drama when they do not want to move; like where they live; want to help correct the problems; want to help his neighbors; and other reasons which they feel justifies staying.
Robert, sorry I missed your phone call. The message was terminated while you were speaking.
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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 |
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RobertT
(Colorado)
Posts:40
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| 11/07/2007 10:04 PM |
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Roger,
You are right. There are a few that feel the way I do about staying and fixing things around here. I do want to try to get things going in the right direction and I know I have support I just may not have enough.
Our building has done wonders with overlooked basic beautification of the complex. We believe that painting and cleaning up makes our place look better and get others involved. We pay for the materials and do the work unpaid.
I would like to hear what some of the things We can do to move forward with some of your ideas. The board does not know how to answer your questions and I don't have a clue. I will tell you that this management company is running this place and the board want to keep it that way.
The thought of cost cutting would make them shutter.
The thought of them having an election or quotes from other management companies has been dulled out of focus by the Management company. If you saw Video #5 you would have seen the President lose control and have the Drill Sergeant Management company take over the meeting.
We have always just gotten by and been taken advantage of by things that should have been fixed years ago and letting the paint start to chip. We have lost our appeal to the neighborhood and turned into sort of a ghetto until we start to change our ways.
I can mobilize this neighborhood for change only if the people want it. So far their has been little interest until Property values fall, HOA dues increase and you hand someone the new Emergency Assessment bill with more of the same coming in the future.... they freak out.
Who can really afford it?
Our hands are tied as this board will not budge. They have a hidden agenda that only they know about. The proof is that they would allow this community to fall apart and become in such disrepair putting the burden on its association owners.
I and others just want to avoid a scrap off and save the community. Any ideas are welcome.
Thanks for your concern
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JoeW1
(New York)
Posts:728
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| 11/08/2007 8:02 AM |
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| RobertT - Your cause is noble, there is no dispute. That cause, no matter what Association, can not be won be a few. There comes a time when those must step back and let the chips fall where they will, rather then get caught in the rubble. I highly doubt you will take my advice, but you can not ignore the mathematical truth that a majority of the owners must take charge in order to effect change. You can not sway the math, only do your best to evidence the need which you have. There is nothing shameful in stepping back, sometimes it is the only way to get things done. Just don't negate the possibility that the Board can use all the resources of the Association (including yours) to sue you, right or wrong. Just some very friendly advice. Best of luck. |
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RobertT
(Colorado)
Posts:40
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| 11/08/2007 8:31 PM |
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Joe,
Your support is greatly appreciated in trying to protect me but the entire community needs me now to try to compromise the situation through appropriate actions.
We and the Community together will Conquer this Giant and replace the Board and Management company because we are strong.
We believe in change Joe!
This is Why we are not afraid;
1) The Board of Directors has a Hidden Agenda and Is Not Communicating with the association members.
2) The Emergency Assessment is considered a Extra Ordinary Assessment which is forbidden by the Declaration.
3) The Management Company does not communicate by acknowledging Emails or Voice Messages.
4) The Emergency assessment Was not Communicated at the Previous Meeting
5) The fact that the Management company cannot fix the Delinquency problem reflect on them as bad representative's of this community.
6) The fact that the Management Company keeps increasing their assessment to 50% administration and Maintenance Personnel changes cuts our Material and bill cost to 50% leaving nothing left.
7) The Declaration States that the community must be up kept by Beatification which is not being done every 3-4 years. Some of the garages have not been painted in 15.
8) The last 3 special assessments were aimed toward Roof repairs which never happened.
9) No community activities exist or are prompted by the current board they hide in their shell and never invite the community to meet them, they have a hidden agenda.
10) The Board Members are part of the "Good Old Boys Club" which means they should disband and give this community a chance.
Hold an Election Now! We are preparing by getting contacts and receiving petitions..We will Make This Happen!
Just a simple walk with my team around this complex for around 100 signatures then we get another 52 from the Outsiders.
11) The Emergency assessment is unreasonable in the sense that the community is now responsible for Dead Beats which is not the American Way.
I know this is just the tip of the iceberg when the rising heat may take this community down. I am just a voice who wants help to stop it.
Any suggestions are welcomed and appreciated,
Thanks,
We The People of HLM
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RobertT
(Colorado)
Posts:40
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| 11/08/2007 8:31 PM |
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Joe,
Your support is greatly appreciated in trying to protect me but the entire community needs me now to try to compromise the situation through appropriate actions.
We and the Community together will Conquer this Giant and replace the Board and Management company because we are strong.
We believe in change Joe!
This is Why we are not afraid;
1) The Board of Directors has a Hidden Agenda and Is Not Communicating with the association members.
2) The Emergency Assessment is considered a Extra Ordinary Assessment which is forbidden by the Declaration.
3) The Management Company does not communicate by acknowledging Emails or Voice Messages.
4) The Emergency assessment Was not Communicated at the Previous Meeting
5) The fact that the Management company cannot fix the Delinquency problem reflect on them as bad representative's of this community.
6) The fact that the Management Company keeps increasing their assessment to 50% administration and Maintenance Personnel changes cuts our Material and bill cost to 50% leaving nothing left.
7) The Declaration States that the community must be up kept by Beatification which is not being done every 3-4 years. Some of the garages have not been painted in 15.
8) The last 3 special assessments were aimed toward Roof repairs which never happened.
9) No community activities exist or are prompted by the current board they hide in their shell and never invite the community to meet them, they have a hidden agenda.
10) The Board Members are part of the "Good Old Boys Club" which means they should disband and give this community a chance.
Hold an Election Now! We are preparing by getting contacts and receiving petitions..We will Make This Happen!
Just a simple walk with my team around this complex for around 100 signatures then we get another 52 from the Outsiders.
11) The Emergency assessment is unreasonable in the sense that the community is now responsible for Dead Beats which is not the American Way.
I know this is just the tip of the iceberg when the rising heat may take this community down. I am just a voice who wants help to stop it.
Any suggestions are welcomed and appreciated,
Thanks,
We The People of HLM
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JoeW1
(New York)
Posts:728
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| 11/10/2007 2:13 AM |
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RobertT -
Who are the "Outsiders"?
How many households are in your HOA?
How many is "We" in your "We the People of HLM".
Your HLM group reads like a cult.
Why are you and your group giving so much power to the Board, trying to appeal to the Board like indentured servants. Line item 9 for example. Since when do you need the Board to have a community activity, or gather. Right to assemble is a Constitutional freedom, you don't need the Board to promote it. |
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PaulM
(Pennsylvania)
Posts:1347
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| 11/10/2007 5:58 AM |
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RobertT: You state in item 2)The Emergency Assessment is considered a Extra Ordinary Assessment which is forbidden by the Declaration.
I would be interested in knowing what your declaration/bylaws clearly state regarding special assessments for you to make this statement.
Special assessments are part of every community in that there may be occasions when a PROJECT must be completed to retain the value of the community and therefore, residents are assessed for this purpose.
Yes, I agree special assessments should not be levied on all residents to make up the shortfall in funds due to lack of payment for past dues/fees. Your state documents should dictate the process for the Board to file a lien and/or foreclose on the property. However, this process does not allow the community the "money needed now!". For the short term, it may be a matter of trimming expenses--landscaping, winter maintenance, property management-- until the shortfall in funds can be made up.
You appear to show a lot of energy for the task before you and I sincerely hope you use clear thinking and careful planning to make it successful.
Good Luck doesn't hurt either!
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RobertT
(Colorado)
Posts:40
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| 11/10/2007 10:38 AM |
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Paul,
Thanks for the feed back.
Please see this web site of the assessment declaration some of team has posted. It clearly states that there should not be any Extra Ordinary assessments;
http://www.neighborhoodlink.com/centennial/hmca/
To see the big picture you have to follow the money. The current board has not tried to cut expenses and the Management company runs the show. Go see the videos as proof of this.
Look At These numbers;
If last year 298 people of this community brought in around 650k and then this year we had an increase of 100K the total is now 750k. This should be enough to cover the Dead Beats.
But Wait..... now the Management company want even more money another 250K now the total comes to 1 Million Dollars
Out of the 1 Million Dollar Budget half of it goes to Administration cost and Maintenance personnel.
We will ask how this has happen at the next board meeting next Tuesday night and are starting to get signed petitions asking for an independent audit of the management company.
The board needs to run the meeting and not the Management company who is forcing the board for more money. The board has had it to easy and keeps having the community pay for their mistakes.
It is time to hold an election and replace the board and get a new management company.
We the community will make this place better by change. Change must be now!
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RobertT
(Colorado)
Posts:40
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| 11/10/2007 10:50 AM |
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Joe,
The outsiders are those people who are renting their units and are in New York for example. We have been in contact with some of them.
We have 298 households with a renter rate of 50%
We have 70 Town homes
We have 228 Condos which are half 1 bedroom and two bedroom units
We have 16 units for sale and two Hud homes at rock bottom prices.
My building supports us as well as another building across the complex
Joe we don't need the board fro community activities our point is to show that the current board has never promoted community act ivies
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JoeW1
(New York)
Posts:728
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| 11/11/2007 6:13 AM |
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| RobertT - I asked you how many is "We" in your "We the People of HLM". What I meant by that question was how many are in your group of belief, how many have signed a petition, how many are willing to fill the spots of the existing Board seats? Change can begin with one, two, or a few. But it takes a village to keep it going. Promote some community activities for every household over the holidays, don't talk shop (much), keep it light, your all supposed to be on the same team. |
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RobertT
(Colorado)
Posts:40
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| 11/16/2007 9:49 PM |
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Joe,
You are a wise man!
You must have known how hard it is to get the support of the community even with our dues doubling to over a Million Dollars.
Guess what, only a few people care and there are not enough of them.
WE walked and talked but nobody listened to the facts.....
Too many deadbeats and foreclosures along with renters......
The president and his group of side kicks with rule forever and the community will continue to suffer at the hands of the current board.
"If you cant beat them join them"-I DID AFTER I PRESENTED MY CASE TO THE COMMUNITY AT THE MEETING
I thought I would "Wow" them with pie charts and figures but the look on there faces was uneventful.
I have become a community leader as the Beautification Committe Chairperson and have shut down the website and You Tube. I think it was just hurting this community.
We are just small fish in a big pond and nobody cares about us. Our community must bear the weight to carry this community from the ruins to achive great strides in cleaning our act up.
Joe...We will survive.. Thanks for your Help.......
Highline Fellows |
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JoeW1
(New York)
Posts:728
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| 11/17/2007 5:06 AM |
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| RobertT - Your post is a complete 180, not something I was advocating. Those who know what needs to be done should always be at the ready to assist. It's just that in community associations the structure to bring about change takes more than one, two, or even a few. It's almost as if the cards are stacked against anyone with vision/ideas different than the Board. Couple that with all the other owners that are apathetic enough to let the collective stupidity a few outweigh the masses. Sorry to hear things didn't work out for you, but you gave it a good old college try and for that you have succeeded!! |
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RobertT
(Colorado)
Posts:40
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| 11/18/2007 7:23 PM |
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I had a Good OlD Fashion talk with some of my Neighbors and the closing of the Web site has brought people out ready to Fight.
Joe- We might have a chance!!!!!!!!!!!!! I will keep you updated!
Highline Fellows
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DJ1
(Ontario)
Posts:456
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| 11/19/2007 4:34 AM |
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"Our property values have already droped 20-30%."
Guess somebody forgot to tell them HOA's are supposed to INCREASE property values!
As more foreclosures take place this is one additional negative to buying in a HOA. Of course the same can be said for Condos where everyone shares in the liability (costs) when others don't pull their weight. |
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RobertR1
(South Carolina)
Posts:2148
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| 11/19/2007 5:23 AM |
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RobertT.
Joe has given you some good solid fathers advice and and certainly agree.
We wish you all the best and remember it is good and just to tilt at windmills. Motivation will be the key to your success. Lead the group if you must but let that decision be one on agreement and not one that falls to you by default. Start small and build large is your organization goal.
I would suggest a group drafted "Mission Statement." Make it a good one and use it to publically announce your intent and refer to it often to get you on track.
Good luck. Keep us posted, we like success stories. |
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JoeW1
(New York)
Posts:728
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| 11/19/2007 5:14 PM |
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| RobertR1 - Who are you calling an old man??? : ) |
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RobertR1
(South Carolina)
Posts:2148
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| 11/19/2007 5:19 PM |
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Joer,
If I said it I aim't gonna admit it. Must have been someone else.
I'm innocent I tell you, innocent! Woe is me. |
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BradD2
(Florida)
Posts:418
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| 11/20/2007 6:27 AM |
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| You might want to check your governing documents and confirm that the Association can infact perform a special Assessment under those circumstances. My Association can only do it for repairs or capital improvements and only after a meeting specifically called for the purpose adn only after notifying everyone in writting 15 days before and then only with a majority vote of those at the meeting. |
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