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!
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?