Americans deserve to know why state legislatures support HOAs

Why do state legislatures support, promote and defend HOAs?  Americans want to know why!

I have uncovered only one formal, legal and explicit statement of purpose and intent behind state legislators’ love of HOAs.  I am not speaking of the anecdotal defense and propaganda by CAI and its stalwarts, but the legitimate general government interest of your state legislature.  The one exception can be found in Colorado’s Revised Statutes, CRS 38-33.3-102 (2016)[i].

Please read the declaration of intent below and answer the following questions.  You need not publish your answers if you do not wish to do so.

 

Q1.       Overall, what do you see as the real intent of Colorado’s support of HOAs?

Q2.      Do you believe that the Colorado statutes, UCCIOA, “is in the best interests of the state and its citizens”?

Q3a.    Does Colorado’s economic prosperity depend “upon the strengthening of homeowner associations . . . with statutory assessment liens . . . enhancing the financial stability of associations by increasing the association’s powers to collect delinquent assessments, late charges, fines, and enforcement costs”?

Q3b.      In other words, do HOAs rise to a level of national and Colorado security concern whereby the survivability of HOAs present “a clear and present danger,” warranting restrictions and prohibitions of constitutional protections?

Q3c.       Let’s assume for a moment that HOAs do present a Colorado security concern in that the survivability of Colorado depends on the acceptance and survivability of HOAs.  If so, then the imposition of “military rule” that suppresses fundamental rights and freedoms is justifiable.

Q4.      Is this declaration’s assumption that HOAs provide safer loans and a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations” valid?

 

I think advocate and the public should demand a response from their legislative leaders setting forth the WHYS.  You have the right to know.  And by asking, the state must reply.

 

Reference

[i] C.R.S. 38-33.3-102 (2016)

38-33.3-102. Legislative declaration

(1) The general assembly hereby finds, determines, and declares, as follows:

(a) That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities;

(b) That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months’ lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association’s powers to collect delinquent assessments, late charges, fines, and enforcement costs;

(c) That it is the policy of this state to give developers flexible development rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control;

(d) That it is the policy of this state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such homeowner associations;

(e) That it is the policy of this state to promote the availability of funds for financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations.

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Published in: on March 5, 2017 at 1:34 pm  Comments (5)  

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  1. We have an issue with this hoa located in Greeley, Colorado.
    We have been requesting financial transparency of money collected from fines, dues, violations and other funds.
    The majority of homeowners are Mexican and they (like myself) were not informed they had purchased a home in a HOA.
    They are fearful of retaliation by this HOA.
    This HOA rules with fear and intimidation.
    Due to our requesting records we are now a target of the HOA.
    We are currently being assessed fines, penalties for a shed, which was previously approved to construct. We have received a statement from the HOA attorney an intent to file a lien has been filed. The charges against us are unreasonably and unjustifiably wrong .
    $8,000➕ . We have reached out to Colorado HOA resource center, legislators, the media, nothing, nobody,
    The HOA attorney has accused us of being scandalous and slanderous.
    We will more than likely be losing our home. We can’t afford an attorney to fight back. So unfair and unlawful what is happening to us.

    • Jessie: Your situation rips at my heart and is yet another devastating indictment of “public policy” regarding HOAs.

      You and your fellow homeowners are in deep doo-doo. The ugly truth is that you are unprotected by your governments and judiciaries at every level. Even if the HOA is wrong and even if you could find and then monetarily retain a lawyer to theoretically help you, you still would be 4 years (or however long) away from any decision that may or may not deliver justice or be in your favor. Based on most cases, even if you were to “win,” you would probably still lose because the HOA would not be ordered to pay your attorney fees. Even if you were to win, there’s still an excellent chance that you would be ordered to pay their attorney fees.

      Lesson #1 in HOA Hell Land is learning that common sense, human decency, and justice are irrelevant. There is no “rule of law” or reasonable form of justice in HOA Land, except on behalf of the predators – and the predators (such as your HOA’s lawyer and Board) know it. Have you noticed how utterly unconcerned they all are? They are unabashed criminals, racketeers, extortionists. Though you are astute to realize that they are employing fear and intimidation tactics against you, you have haplessly played right into their drooling chops by getting in arrears with fees/fines/etc. You foolishly thought that in the United States of America justice would prevail; it is my great regret to tell you that you have miscalculated.

      In the short run, the smartest and perhaps only thing you can do to save yourself is somehow find a way to pay what they are saying you owe (or try to negotiate a lesser amount) and do what they are telling you to do (such as take the shed down or re-apply for architectural approval). Keep records of everything (everything in writing; NO phone calls). If you can somehow get past the horrific/impossible $8000 obstacle, then you and your fellow homeowners could set about taking back your HOA to stop the retaliation, tyranny, and predation. Or, if you can even get to that point, you may decide that it is best to (try to) sell your property in order to escape the waking nightmare in which you have unexpectedly found yourself. (I say GET OUT.)

      What is happening to you is disgusting. It is totalitarian injustice. It is cruel and unusual punishment. Until I too became an HOA victim with a target on my back, I did not realize that this Country or any of the States would actually allow this sort of mayhem to promulgate. But not only do they allow it, they are in bed with it.

      Besides the above advice, do Google and then contact “legal aid” organizations in your area that may be willing to help you. It’s a long shot, but at least try. You might also contact the ACLU and similar Left-leaning organizations, though the chances of any of them helping you are infinitesimally slim. Ironically, you are extremely unlikely to find a so-called civil rights attorney/organization who would be interested in helping you. HOA victims are not cash cows or flashy causes for the well-funded civil rights bloviators; frankly, they don’t give a damn about you. The Right-leaning Constitutionalists (think tanks, legal funds, etc.) don’t give a flying fig about you either.

      Among your other options, you might want to make a picket sign and take it every day to the Capitol grounds in Denver right now while the Legislature is in session; somehow make a spectacle of yourself that they (the legislators, media, etc.) cannot ignore forever. Go out in front of the courthouse, too. Maybe your sign could say: Please Help Me! My HOA is Killing Me. There certainly have been a lot of politicians spouting on about “American values” and “that’s not who we are” and “mean spiritedness” lately – maybe you can get one of them to turn their platitudes and selective indignation into substance for a change. If you’re a church member, maybe the church might be willing to intervene or go public on your behalf (don’t count on it). Maybe you can find some academic idealist at the University of Northern Colorado whose conscience compels him/her to take up your cause. (If I were a professor, I would be all over this.)

      I wish I had better and more encouraging advice. I’d tell you that I will pray for you, but based on my knowledge and personal experience, even the most innocent of homeowners don’t have a prayer against Big HOA. You are the ultimate little guy, the tasty plucked duck – and they cannot wait to devour you.

      I hope that others may chime in with their advice to help you. You are definitely going to be in my heartfelt thoughts, Jessie.

      One last piece of advice: Direct all your written communications to the Board of Directors, not to the attorney(s). Pretend the attorneys aren’t even there. Even if the attorney sends you a letter, send your reply to the Board. (No, I am not a lawyer; but I stand by this advice.)

  2. Imagine that it is, let’s say, 1829 in the state of Missouri. Imagine that the Missouri General Assembly has issued the following Legislative Declaration:

    (1) The general assembly hereby finds, determines, and declares, as follows:

    (a) That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of human slavery;

    (b) That the continuation of the economic prosperity of Missouri is dependent upon the financial strengthening of the system of slavery through the setting of guidelines and statutes that support and grant powers to slave owners, slave masters, and related business interests. In order to enhance the financial stability of state commerce as well as the quiet enjoyment of its non-negro citizenry, the powers granted to non-negro residents and business interests include the power to demand labor from slaves and to sanction non-compliant slaves by means including, but not limited to, whippings, denial of food or shelter, and sale to any willing buyer.

    (c) That it is the policy of this state to give slave masters and their agents flexible enforcement rights, with no limiting principles, to ensure the proper control of slaves and an orderly and prosperous society;

    (d) That it is the policy of this state to promote effective and efficient slave management through defined operational requirements that preserve flexibility for slave owners.

    From this webpage (http://www.ushistory.org/us/27f.asp) is this quote:
    “When a society forms around any institution, as the South did around slavery, it will formulate a set of arguments to support it. The Southerners held ever firmer to their arguments as the political tensions in the country drew us ever closer to the Civil War.”

    Shame on Colorado. Shame on the whole damn country.

    • Very well put. the fact that ASSociations have the power to collect dues to fund themselves, makes them a government, plain and simple. I find it amazing such dictatorships can exist legally in the U.S.

  3. The reason the state backs the HOA’s is because they used to use the property tax money collected to pick up trash, provide water, maintain roads, and sewer systems. However since the crooked developers formed HOA’s and made them liable, Insuring the screwing of the homeowner once again. This is double taxation, and that is the kickback offered to the government is they still keep the tax money collected. All they have to do is provide favorable zoning laws. Sweet deal isn’t it.


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