Support CO 22-1137 for HOA due process justice

Another HOA enlightenment bill has been proposed in Colorado, 22-1137, joining California’s and Arizona’s legislation to restore homeowner fundamental rights and freedoms.  Reading the bill as introduced, it addresses a number of issues designed to provide meaningful due process, to good extent, allowing for small claims adjudication and restrictions, limitations on the HOA’s right to fine, interest charges, late payments, work-out plan before foreclosure, and limits on the amount of collection to just 3 times amount owed (avoids unusual and cruel punishment charges). 

What more can a homeowner ask for to obtain justice and fairness within the HOA government? Go for the bill! Support it!  Get what you can before the evil empire strikes back and whittles the bill down!  Yet, to my disappointment, a homeowner advocacy group has found problems with this bill, all relating to how it would cost the HOA more money. 

What is needed, as I’ve repeatedly argued, is strong support for the sponsor, Rep. Naquetta Ricks, and an outpouring of emails to the legislators, especially to the committee members who will hear the bill.  If there is a Request To Speak option at the legislature, sign up and use it!

Related issues

In a broader view of HOAs as private, separate local governments keep in mind what has been ignored and bypassed by state legislatures across the country, including Colorado. Why are there private HOA governments when there are public home rule, charter governments?   

All the states have a version of home rule that varies in the degree of independence granted to a local governments and under what terms.   Given this existing legal mechanism for strong, independent  local control, why was there a need for the creation and approval of, and the support for, private government HOAs?

 (See America’s homeland: HOA law vs. Home rule law; Colorado Constitution, Art. XX, §6, Home rule for cities and towns).

Published by

HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

6 thoughts on “Support CO 22-1137 for HOA due process justice”

    1. See my first comment–I was correcting myself from this sentence: “then only the people who care about it woudl be doing the suing and neighbors woudl not be foreclosed to sue their neighbors when they don’t want to” my spell check turned “forced” to “foreclose” and it didn’t make sense

  1. The really sad thing is (about the advocates groups that finds it will cost the HOA more money) is that it wouldn’t cost the HOA anything if they would simply stop suing their own members. What other non-profit organizations make an industry out of suing their own members? If an HOA were not allowed to sue members–they would get MORE money by collecting on the liens at sale time (no collections costs from predatory attorneys), and to enforce covenants–members can sue each other if they care about the color of the door or the Xmas decorations! perfectly legal to sue your neighbor to follow deed restrictions–then only the people who care about it woudl be doing the suing and neighbors woudl not be foreclosed to sue their neighbors when they don’t want to. Thanks for keeping us appraised.

    1. I agree with Shelly. I can’t think of any other non-profit organization that makes it a practice of suing their members. I strongly believe that if there are reasonable decent people on Boards, the suing will cease. It is despicable that some Board members in HOAs think it is acceptable to sue their neighbors vs. working any issue by discussing vs. trying to bully and target homeowners. Notice that the same Board members that do this are using HOA funds and not hiring the attorneys using their own dollars. It is an abuse of power and lack of common sense. What happens when an HOA is in a lawsuit and loses? The Board ends up costing the entire community more money when the HOA insurance gets dropped and they have to try to get another insurance company to cover them at a higher premium and higher deductible. Communication is key to solving problems, not wasting money on attorneys. Especially HOA attorneys that focus on making money by encouraging lawsuits in HOAs. Avoid them.

      1. I agree with you and Shelly! Some HOAs were kidnapped by the attorney or Board who want to get personal advantage from the vendor paid by HOA. It is totally terrible thing!

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