Dysfunctional HOA Characteristics and the Law

Started by StanH4 • 8 replies • 1847 views

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StanH4 (Colorado)
Posts: 3

Posted:

Colorado: There is no HOA by law or State legislation that provides homeowners with remedy against an abusive Board. None. These pieces of supposed governance documents provide no means of enforcement, no mediation body to hear disputes, and no penalties against abusive Boards. None. The by laws and State legislation are often quoted as to what should be done but no homeowner can use these documents to enforce accountability of a Board. Forget the court system as it is too expensive and Small Claims Court allows lawyers to be present (the law was changed to ensure the court system favored the HOA by permitting lawyers in the courtroom and for the Board to use HOA residents funds to fight residents (your money against you) and if you did go to court without a lawyer the case would most certainly be fought based on legalese not the facts and a homeowner would lose (not the purpose of Small Claims). The web site www.dysfunctionalhoa.com provides plenty of information on this topic through a homeowner's actual experieinces. The perspective one mostly hears on HOA law and legislation is from legal firms that defend Boards who preach Boards must abide by the governance laws of the community but this, quite frankly, is an empty statement enforceable by nothing

JohnB26 (South Carolina)
Posts: 1,569

Posted:

?? your point ??

MaryA1 (Arizona)
Posts: 7,043

Posted:

John,

I think Steve is just venting!

I say, welcome to the club. Most states do NOT have an agency resp. for overseeing HOAs. The only way to ensure that a BOD to follows the law is to take them to court.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

There is no HOA by law or State legislation that provides homeowners with remedy against an abusive Board. None. These pieces of supposed governance documents provide no means of enforcement, no mediation body to hear disputes, and no penalties against abusive Boards. None.

None you say? Your wrong, a judge in a court system solves this problem.

Sue the association, no one said you have to hire a lawyer or spend any money on legal fees fighting them. Small claims court fee is $46.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By MaryA1 on 07/20/2010 8:44 AM
John,

I think Steve is just venting!

I say, welcome to the club. Most states do NOT have an agency resp. for overseeing HOAs. The only way to ensure that a BOD to follows the law is to take them to court.

Did you mean StanH ?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

oops ... StanH4

MaryA1 (Arizona)
Posts: 7,043

Posted:

John,

Yeah, I did. Sorry!!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Here is your answer:
CCIOA (Colorado Common Interest Ownership Act)

38-33.3-123 Enforcement-Limitation. ...................................................................................................... 18
38-33.3-124 Legislative declaration – alternative dispute resolution encouraged – policy statement
required ..............................................................................................................................38-33.3-124 Legislative declaration – alternative dispute resolution encouraged – policy
statement required.
(1) (a) The general assembly finds and declares that the cost, complexity, and delay
inherent in court proceedings make litigation a particularly inefficient means of
resolving neighborhood disputes. Therefore, common interest communities are
encouraged to adopt protocols that make use of mediation or arbitration as
alternatives to, or preconditions upon, the filing of a complaint between a unit
owner and association in situations that do not involve an imminent threat to the
peace, health, or safety of the community.
(b) On or before January 1, 2007, each association shall adopt a written policy
setting forth its procedure for addressing disputes arising between the association
and unit owners. The association shall make a copy of this policy available to unit
owners upon request.
(2) (a) Any controversy between an association and a unit owner arising out of the
provisions of this article may be submitted to mediation by either party to the
controversy prior to the commencement of any legal proceeding.
(b) The mediation agreement, if one is reached, may be presented to the court as a
stipulation. Either party to the mediation may terminate the mediation process
without prejudice.
(c) If either party subsequently violates the stipulation, the other party may apply
immediately to the Court for relief.
(3) The declaration, bylaws, or rules of the association may specify situations in which
disputes shall be resolved by binding arbitration under the “Uniform Arbitration Act”, part 2
of Article 22 of Title 13, C.R.S
.3-

BrianB (California)
Posts: 2,820

Posted:

actually, i believe there is something in most by laws.. called voting.

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