Who or What is The Community Association Institute? (CAI)

guest blog by Stan Hrincevich, (www.coloradohoaforum.com)

Homeowners Associations (HOAs) are comprised of three entities: home owners, HOA Boards and their legal counsel, and the property management company (PMC). Problems can arise from any of these but for those who follow HOA issues the involvement of PMCs can be most problematic. PMCs affect HOA governance with their direct involvement in operational and financial matters and through their trade organization, the Community Association Institute (CAI), which has undue influence in HOA legislative activities that craft HOA law. For decades the sole source for Homeowners Association (HOA) information for the media and the State Legislature has been the CAI. Why not? Their name implies they represent the concerns of community associations and home owners: aka HOAs. Legislators “trust” this organization to represent home owners and citizen interests but most have no idea who or what they represent.

Legislators actually think their membership and funding comes from HOA home owners and HOAs: WRONG. They have trusted this organization for decades and have allowed them to set the rules in HOA governance and financial management. Yes, they craft the legislation that sets the rules for their industry and interests and ensure through their actions that HOA State law and HOA governing documents are highly enforceable from the HOA Board’s and PMC perspective and very weak for home owners. Due to this close relationship between the CAI and legislators across the country, HOA legislative reform has been very difficult and the few Bills that have passed have been watered, are more cosmetic than effective, and in no way help with enforcing home owner’s right

If you visit CAI or their legal affiliate web sites and read their literature you would think they represent HOA home owner interests. Wrong! Their membership is mostly comprised of PMCs and lawyers. The CAI is an organization that derives most of its’ income from selling their educational classes. Nothing wrong with this but read below on how they commingle this business with legislation. Then there is CAI “the trade organization” for PMCs. Nothing wrong with this either except that they have ensured all State HOA laws aren’t written to hold PMCs accountable for their actions.

Then there is the connection between the CAI and HOA lawyers who have ensured through their legislative influence that no binding, affordable, and accessible out of court dispute resolution process is available to resolve HOA home owner complaints. This of course ensures HOA legal enforcement from the home owners perspective against abusive HOA Boards and PMCs remains in our litigious, time consuming, pay-to-play court system making HOA law mostly ineffective.

The CAI and the entities they represent and work with in State legislatures have thwarted HOA legislative reform for decades. Recent examples:

*killing an HOA Transfer Fee Bill that would have limited the fee and required explanation and justification of the fee (this costs home owners in Colorado $10 million a year);

*opposition to a Bill that would have required HOA home owners to approve the use of HOA funds prior to entering into expensive legal actions;

* opposing an out of court binding dispute resolution process for home owner complaints (leaving home owners with only our pay to play court system for the most minor dispute resolution);

*their involvement in writing Colorado legislation to license property managers resulted in using such legislation to promote their sales of educational courses and hence drive up the cost of such required educational courses for property managers;

*opposing the limiting of HOA fees, fines, and administrative and legal fees on HOA debt; opposing term limits on Board members when others are available to serve;

*obstructing legislation on protections of home owners against liens and foreclosure for HOA debt; attempts to promote legislation that would expand the independent authority of Boards in governing HOA operations (without home owner approval); and the list goes on and all anti-home owner.

You can blame the CAI for the lack of HOA reform with their legislative intervention but much blame also goes to our political process that makes money the name of the legislative game and places unfunded citizen groups at a disadvantage.

The CAI and its constituents are the most anti HOA home owner group in the nation and in Colorado they most certainly are a wolf in sheep’s clothing and our legislators and the media are only beginning to realize their role. The beginning of HOA legislative reform and improved governance thus begins with dispelling the belief that the CAI represents home owners; revealing their history and actions in HOA legislative reform; curtailing the CAI’s influence with our Government agencies, media, and legislators; and having HOA home owner groups recognized in our legislature and in the media to offer a home owner centric perspective to improving HOA governance.

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About

Ward Lucas is a longtime investigative journalist and television news anchor. He has won more than 70 national and regional awards for Excellence in Journalism, Creative Writing and community involvement. His new book, "Neighbors At War: the Creepy Case Against Your Homeowners Association," is now available for purchase. In it, he discusses the American homeowners association movement, from its racist origins, to its transformation into a lucrative money machine for the nation's legal industry. From scams to outright violence to foreclosures and neighborhood collapses across the country, the reader will find this book enormously compelling and a necessary read for every homeowner. Knowledge is self-defense. No homeowner contemplating life in an HOA should neglect reading this book. No HOA board officer should overlook this examination of the pitfalls in HOA management. And no lawyer representing either side in an HOA dispute should gloss over what homeowners are saying or believing about the lawsuit industry.

10 thoughts on “Who or What is The Community Association Institute? (CAI)

  1. robert

    As Ward and Stan are aware ( all three of us live in Colorado ), things in this state are even worse than they appear.

    The so-called “Colorado Common Interest Ownership Act” ( CCIOA ) codifies the power of H.O.A. corporations to issue fines, impose a lien to secure those fines, and foreclose to collect on those liens. Because our legislators believe that doing so is “in the best interest of the state and its citizens“, and that “continuation of the economic prosperity of Colorado is dependent upon strengthening of homeowners associations” corporations. It also endorses the “priority of payments” accounting scam, by saying that

    ‘assessments’ includes regular and special assessments and any associated fees, charges, late charges, attorney fees, fines, and interest charged

    This is a way to allow the industry to conflate assessments (“dues”) with fines and fees, so H.O.A. corporations can slander home owners who refuse to pay disputed fees as “delinquents”, and foreclose on their home to collect disputed fees — even if they are paying their assessments.

    And Republican Party workers have the gall to tell me that government shouldn’t interfere in so-called-“contracts” between H.O.A. corporations and individual home owners. Because your average conservative and libertarian will support any form of authoritarianism and imbalance of power between individuals and corporations, no matter how unconcsionable, as long as it can be couched in the language of contract law. Meanwhile, Colorado Democrats like state senator Morgan Carroll (who is worse than useless) work with the industry attorneys and lobbyists to provide the illusion of reform, while ensuring that home owners remain as powerless as ever.

    Telling people who are being abused that they agreed to be abused will only work for so long, until the victims start looking for their rights elsewhere.

    You can read the entire CCIOA by clicking here. The entire thing is 80 pages long, but here are some relevant excerpts:

    Colorado Revised Statutes 2013
    TITLE 38
    PROPERTY – REAL AND PERSONAL
    ARTICLE 33.3
    Colorado Common Interest Ownership Act

    38-33.3-102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares as follows:

    (a) That it is in the best interest 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 strengthening of homeowners 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 through enhancing the financial stability of associations by in creations association’s powers to collect delinquent assessments, late charges, fines, and enforcement costs;

    38-33.3-209.5 Responsible governance policies – due process for imposition of fines – procedure for collection of delinquent accounts – definition. (1) To promote responsible governance, associates shall:

    (2) Notwithstanding any provision of the declaration, bylaws, articles, or rules and regulations to the contrary, the association may not fine any unit owner for an alleged violation unless:

    (a) The association has adopted, and follows, a written policy governing the imposition of fines; and

    (b) (I) The policy includes a fair and impartial fact-finding process concerning whether the alleged violation actually occurred and whether the unit owner is the one who should be held responsible for the violation. This process may be informal but shall, at a minimum, guarantee the unit owner notice and an opportunity to be heard before an impartial decision maker.

    38-33.3-302. Power of unit owners’ association. (1) Except as provided in subsections (2) and (3) of this section, and subject to the provisions of the declaration, the association, without specific authorization in this declaration, may:

    (k) (I) Impose charges for late payments of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the association, regardless of whether or not a suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declarations, bylaws, and rules and regulations of the association.

    Reply
    1. robert

      [ continued from previous comment ]

      38-33.3-302. Power of unit owners’ association. (1) Except as provided in subsections (2) and (3) of this section, and subject to the provisions of the declaration, the association, without specific authorization in this declaration, may:

      (k) (I) Impose charges for late payments of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the association, regardless of whether or not a suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declarations, bylaws, and rules and regulations of the association.

      38-33.3-316. Lien for assessments. (1) The association, if such association is incorporated or organized as a limited liability company, has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Unless the declaration pursuant to section 38-33.3.302 (1) (j), (1) (k), and (1)(l), section 38-33.3-313 (6), and section 38-33.3-315 (2) are enforceable as assessments under this article.

      38-33.3-316.3. Collections – limitations. (1) In collecting past-due assessments and other delinquent payments under this article, an association or holder or assignee of association’s debt, whether the holder or assign of the association’s debt is an entity or person, shall:

      (3) For purposes of this section, “assessments” includes regular and special assessments and any associated fees, charges, late charges, attorney fees, fines, and interest charged pursuant to section 38-33.3-315 (2).
      Editors note: This section is effective January 1, 2014.

      Reply
  2. robert

    > As Ward and Stan are aware ( all three of us live in Colorado ),
    > things in this state are even worse than they appear.

    An article in Construction Finance Journal ( “Assessment Liens: An Overview of Different Schemes” May 7, 2013 ) describes Colorado as being on the extreme end of the spectrum regarding H.O.A. liens.

    Liens for past-due assessments are a condominium, or other HOA, association’s most potent tool for getting paid. . . .In fact, the scheme of assessment lien and notice requirements are wildly dissimilar in various states. As as overview, this post will briefly examine the assessment lien system in 4 states: California, Oregon, Washington, and Colorado.

    California Assessment Liens

    On one end of the spectrum lies California. California has strict notice, timing, and filing requirements for an association to claim a valid lien for past due assessments. Prior to filing a lien, the association must give the delinquent property owner notice. The notice must contain an itemized statement of the debt owed, and contain certain statutorily-mandated language. Further, the decision to record an assessment lien in California may only be made by the board of the association (may not be delegated) after a majority vote of the board members in an open meeting and recorded in the minutes of that meeting.

    There are additional strict requirements that must be met prior to enforcement of a California assessment lien,

    . . .

    Colorado Assessment Liens

    The final step down this path can be seen in the assessment lien law of Colorado. In Colorado, an association’s lien for past due assessments arises automatically by statute, and there is no specific provision in the law providing for the recordation of the lien. . .

    In Colorado, an association’s lien for past due assessments arises automatically by statute

    But Libertarians and Republicans insist that home owners agreed to it.

    Reply
    1. robert

      > The final step down this path can be seen in the
      > assessment lien law of Colorado. In Colorado, an
      > association’s lien for past due assessments arises
      > automatically by statute, and there is no specific
      > provision in the law providing for the recordation
      > of the lien. . .

      Colorado state senator Morgan Carroll’s friends at HindmanSanchez P.C. — an H.O.A. law firm that works with the senator to craft H.O.A. legislation — has put together a guide to “Foreclosure of Assessment Liens”.

      Even though the lien is statuary, Republicans insist on telling home owners that they agreed to it.

      1(A)(2) The Colorado Common Interest Ownership Act (CCIOA) also gives associations a lien for all unpaid assessments coming due after CCIOA went into effect on July 1, 1992.  Under CCIOA, the Declaration and CCIOA constitute notice of the lien so no recording of a notice of lien is required.

      Senator Carroll’s buddies recommend foreclosing on properties with at least $15,000 in equity; see 1(C)(3) below. Why?

      And if there is some home owner that the board doesn’t like, see 1(C)(4), the H.O.A. corporation can issue a junk fine or fee and slander the owner as “delinquent” if the owner disputes it. The state will automatically grant the H.O.A. corporation a lien. Then the H.O.A. corporation can foreclose to collect on the lien, ridding itself of the undesirable individual.

      1(C) The association should consider foreclosing its lien if any of the following apply:

      1(C)(1) The owner is chronically delinquent in paying assessments.

      1(C)(2) The delinquent assessments cannot be collected by an ordinary county court collection lawsuit.  (For example, the owner cannot be located for service, or the owner is judgment-proof.)

      1(C)(3) There is equity in the property in excess of approximately $15,000.

      1(C)(4) It is in the association’s best interests to be rid of the perpetually delinquent owner.

      1(C)(5) The property is not already involved in a foreclosure by the lender.

      According to Senator Carroll’s buddies, this can be done without having to go to trial; see sections 2(A)(6) and 2(A)(8) below:

      2. Overview Of Judicial Foreclosure Process For Assessment Liens

      2(A) The lawsuit.

      2(A)(1) The Association must have a lien for the delinquent assessments.

      2(A)(2) A Complaint is filed in the county where the property is located naming the association as plaintiff and all persons who have an interest in the property as defendants.  (The defendants include the owner, all occupants, the lender, and anyone else with a lien against the property.)

      2(A)(3) All defendants are served with a Summons and the Complaint.  If we cannot determine the identity of all persons with an interest in the property, they are identified as “unknown persons” in the complaint and are served by publishing notice in a local newspaper weekly for 5 weeks.  Additionally, if the owner or any other defendant cannot be located for personal service, they may also be served through the publication notice.

      2(A)(4) The purpose of the lawsuit is to obtain an order from the court granting the association the right to foreclose its assessment lien.

      2(A)(5) Following personal service with the Summons and Complaint, the owner has 20 days to file an Answer with the court if served in Colorado; if served out-of-state, the owner has 30 days to file an Answer.  If service is through publication, the owner must file an Answer within 30 days of the last date of publication.

      2(A)(6) Frequently, the owner does not respond to the Summons and Complaint, so an order for foreclosure can be obtained by “default.”

      2(A)(7) If the owner files an Answer, the judicial foreclosure is considered a “contested matter” and will be set for trial in the same manner as any other lawsuit.  The issue at trial will be whether the owner is delinquent and, if so, by how much.

      2(A)(8) If the owner does file an answer to the complaint, an order for foreclosure can frequently be obtained by “summary judgment” without having to go to trial, if the association can show the default in payment of the assessments and its right to foreclose the assessment lien granted in the Declaration.

      Foreclosure is a no-lose proposition for the H.O.A. corporation, because the owner who has been divested of his property still has the legal obligation to pay the mortgage. See “Is An HOA Obligated To Pay the Mortgage on a Property It Foreclosed On?” at HindmanSanchez’s web site (emphasis added):

      A homeowner association’s ability to foreclose on a property for failing to pay assessments is a potent tool in collections. Unfortunately, many associations do not utilize this avenue of collections due to a belief that the association would become obligated to pay the first mortgage on the property if it ended up owning the foreclosed unit.

      . . .

      Typically, when an association decides to foreclose on its assessment lien the first mortgage holder is the only party with a superior lien. If the association is successful and obtains title to the property after the foreclosure process, the original note and deed of trust remain valid. However, as the association has not signed the promissory note, the personal obligation to pay the mortgage remains with the original homeowner.

      . . .

      After an association takes ownership of a unit through a foreclosure, it is usually left with two options. The association can pay the first mortgage holder to prevent the filing of a foreclosure action by the bank. Another option is for the association not to pay the first mortgage holder and simply allow the property to fall into foreclosure again. One creative solution some associations are using is to not pay the first mortgage and rent the unit until the mortgage holder obtains title to the property through foreclosure. Remember this process typically takes three to six months, if not longer, so the lease can be for a three month term and then continue on a month-to-month basis.

      It is no coincidence that HindmanSanchez P.C. is in the for-profit business of obtaining liens and selling them to 3rd parties (“Collections/Foreclosures. Collecting Money. It’s a Dirty Job, but Somebody’s Got to Do It”: dead link).

      . . .

      We understand the mind-set of delinquent homeowners. We know that when it’s time to pay the bills, assessments are often low on the priority list. Our goal is to move assessments to the top of the priority list; to impress upon owners that paying assessments is critical to keeping their home.

      . . .

      We have developed successful alternatives when traditional collection methods fail, including the use of foreclosures and receiverships. By taking a proactive, aggressive approach, your association can recover the assessments owed in a quick and timely manner.

      . . .

      HOALiensFor Sale

      Colorado currently holds the dubious honor of leading the nation in lender (or “public trustee”) foreclosures. HOALiensFor Sale is a service we offer which will benefit your association and its bottom line.

      Click here to view a listing of association liens that are for sale.

      I’m sure that they claim it’s for the benefit of the other home owners, and not their own pocketbooks. But back in 2002 — 12 years ago — former H.O.A. attorney Evan McKenzie told ABC News that

      “What’s really driving this is the dynamics of these collection lawyers who are just out to generate fees and to sell these houses off as fast as they can.”
      source: “Do Homeowner Associations Go Too Far?” 20/20. April 20, 2002

      The perverse incentives and moral hazards inherent in the H.O.A. system, combined with the profit motive, ensure it can be no other way.

      The practice of H.O.A.s foreclosing on home owners to rent out their property until the bank forecloses is a common business model across the country. For example, Robert Tankel, Florida attorney # 341,551 and a member of the Community Associations Institute,

      advocates showing no mercy toward property owners who fall behind on their homeowners association fees.

      “If you have to sue some people, that’s life,” Tankel advised associations in a YouTube video.

      The pitch helped Tankel secure more than 500 association clients, some of which have gone after home owners for as little as $239.50 in unpaid fees. The swift action allows associations to foreclose on the property, kick the homeowner out, and then collect rent from a new tenant or sell the homes to third parties.

      source: “Pinellas Lawyer Takes Foreclosure Fight To Ethical EdgeTampa Bay Times. July 01, 2011.

      He justifies his business model by appealing to the Tea Partyin’ disciples of Ayn Rand and Ronald Reagan.

      “It’s called capitalism,” Tankel said. “It’s the free market.”

      source: “Real Estate Investors Beat The Banks To Profit On ForeclosuresTampa Bay Times. June 25, 2011.

      Nothing promotes the ideas of capitalism and free-markets more than kicking people out of their homes (often for trivial amounts and reasons) so some lawyer can make a profit from a real-estate “investment”. It was Mitt Romney’s prescription for the housing crisis. Tankel was doing so much business that he had to increase his staff from 3 to 16 (see also here). That’s a 433% increase! Tankel is what Republicans call a Job Creator ™. And I’ve never known folks like Jon Caldara to disparage anyone for making a profit.

      Note: As reported on this web site on June 25, 2014 (“Love It When An HOA Pervert Goes Down!”), Robert Tankel was arrested for “lewd and lascivious molestation of a child”. I have no doubt that if Tankel were the type of lawyer who represented individuals against corporations, instead of the other way around, the Cato Institute’s web site Overlawyered.com would have reported this. As it is, I leave it as an exercise, or more accurately a challenge, to the reader to find stories about H.O.A. lawyers at Overlawyered.com .

      Disclosure: In theory, HindmanSanchez P.C. represents the Madison Hill H.O.A. corporation, although in practice the H.O.A. corporate board of directors works for the law firm. As a home owner in Madison Hill H.O.A., I have dealt with HindmanSanchez P.C. on numerous occasions, including suing the law firm itself (but not the H.O.A. corporation). They are vicious, nasty sociopaths — and the kind of lawyers that Libertarians and Republicans like.

      Reply
  3. Deborah Goonan

    CAI’s 2014 survey of residents was conducted by Public Opinion Strategies. This is a political research and strategic communications firm. I was curious to see which campaigns POS aided and abetted. Take a look for yourself http://pos.org/clients/campaigns/
    Scroll down to the bottom to see “Political Parties/State Organizations”
    EVERY ONE OF THEM REPRESENTS REPUBLICANS. Their client list also includes the National Association of Home Builders and the National Association of Realtors http://pos.org/clients/associations-and-issue-groups/

    Reply
  4. Ward Lucas Post author

    Well done Stan. People in your position, along with Bob Frank, are needed to speak out and be heard. I will be glad to help and support you in your efforts.

    In the next few days I plan to release a Commentary on the unclean hands of CAI with its false and misleading advertisements, while pretending to be the modern day Philosopher-King guiding the legislators to a better America. -George Staropoli

    Reply
  5. Deborah Goonan

    Stan, great blog. I have always compared the socio-political HOA environment to a three legged stool. The three legs are 1) Developer with an appointed Board – and later the owners’ Board, 2) local government, 3) buyers/residents. The first two legs are longer than the third, the buyers/residents, because as the third leg, they have few rights and very little influence on how their community is created, compared to the Developer plus Board and the local government. What happens when one leg is shorter on a three legged stool? It stands unbalanced. And what happens when weight is placed on top of the stool? It topples over. We have seen this happen in financially stressed communities, and we will likely see more of it in the future if owner rights are not balanced against rights of the rights of developers, HOA boards and local governments.

    Reply
  6. robert

    HOA legislative reform has been very difficult and the few Bills that have passed have been watered, are more cosmetic than effective, and in no way help with enforcing home owner’s right. . .The CAI and the entities they represent and work with in State legislatures have thwarted HOA legislative reform for decades.

    Stan,

    Have you considered a ballot measure, instead of dealing with our worse-than-useless legislators?

    This is the third election cycle I have been attending political events, trying to make our politicians — and those seeking their jobs — aware of this problem. They simply are not interested. You’re obviously better at getting them to listen to you, but it appears that it hasn’t made a difference. While I disagree with our policy proposals, I share your frustration.

    As you are aware, in the past year there was a successful effort to recall three Colorado state senators. John Morse and Angele Giron were recalled, while Evie Hudak resigned before the recall election so that Governor Hickenlooper could appoint another Democrat.

    “These recall elections cost a small fortune and do nothing to improve democracy or representative government,” Hickenlooper wrote to members of the Democratic Party in Colorado. “They are intended to intimidate and punish a select number of Democratic legislators for daring to vote their conscience”.

    source: “Gov. Hickenlooper Offers Measured Support To Morse, Giron In Colorado Recall Elections” Colorado Springs Gazette. September 03, 2013.

    Get that? Colorado Democrats believe that elections do not improve democracy or representative government! These are the same people who passed HB13-1303 (“Voter Access and Modernized Elections Act”), ensuring that all elections in this state will have the integrity of H.O.A. elections. They were able to enact HB13-1303 without a single Republican vote in 30 days:

    Apr 10, 2013 | House | Introduced In House – Assigned to State, Veterans, & Military Affairs
    Apr 15, 2013 | House | House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations
    Apr 17, 2013 | House | House Committee on Appropriations Refer Amended to House Committee of the Whole
    Apr 18, 2013 | House | House Second Reading Special Order – Passed with Amendments
    Apr 19, 2013 | House | House Third Reading Passed – Related Vote
    Apr 22, 2013 | House | Introduced In Senate – Assigned to State, Veterans, & Military Affairs
    Apr 24, 2013 | Senate | Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Appropriations
    Apr 26, 2013 | Senate | Senate Committee on Legislative Council Refer Unamended to Senate Committee of the Whole
    Apr 26, 2013 | Senate | Senate Committee on Appropriations Refer Amended to Legislative Council
    Apr 30, 2013 | Senate | Senate Second Reading Laid Over Daily
    May 1, 2013 | Senate | Second Reading Passed with Amendments
    May 2, 2013 | Senate | Third Reading Passed – Related Vote
    May 3, 2013 | House | Considered Senate Amendments – Result was to Concur – Repass
    May 10, 2013 | House | AM 04:20 Signed by the Speaker of the House
    May 10, 2013 | House | PM 04:10 Signed by the President of the Senate
    May 10, 2013 | House | Sent to the Governor
    May 10, 2013 | Governor | Governor Action – Signed

    FYI: Angela Giron, one of the recalled state senators, was the senate sponsor of H13-1303. The controversial gun-owner control measures, which later cost 3 state senators their jobs, were similarly rushed through without a single Republican vote in early 2013.

    So why don’t they act decisively on H.O.A reform?

    touching HOA law is always a bit dicey around here,” [ Democrat Colorado state senator Morgan ] Carroll said of the vested interests surrounding the state’s HOA laws.

    source: “Horror Stories Prompt Industry Group To Ask Colorado Regulate HOA Managers” Denver Post. February 13, 2012.

    Why? It’s not as though they care, or have to worry, how the Republicans will vote. It’s not as though thousands of citizens are going to arrive at the state capitol to oppose H.O.A. reform, as they did to oppose last year’s gun-owner control bills. I was there. It was standing room only. The capitol staff had to set up an “overflow” area in the basement for the crowds. From inside the capitol buidling, we could hear the protestors who were outside. On one day, somebody was even flying a plane around the capitol, towing a banner that said “HICK: DO NOT TAKE OUR GUNS”. I’ve never heard of a simliar response to H.O.A. legislation. Can you imagine if as many home owners showed up to speak about H.O.A. reform bills that the hearings had to continue until ten o’clock at night? Can you imagine if somebody flew a plane around the capital building towing a banner that said “SKIBA: DO NOT TAKE OUR HOMES”? Unfortunately, I can’t.

    I understand why the Republicans oppose H.O.A. reform based on flaws in their ideology. What is the Democrat Party’s excuse? If our Democrat legislators wanted to pass meaningful H.O.A. reform, they could do so within a month. The bottom line is that they do not want to. Instead, they only offer illusion of reform to keep the peasants placated, while ensuring that home owners remain as powerless as ever.

    touching HOA law is always a bit dicey around here“.

    Morgan Carroll became president of the Colorado state senate after John Morse was recalled. If she was such an H.O.A. reformer, she would have even more clout to do so now. Her web page says “Putting Your Interests Above Special Interests!” right under her picture. I won’t respond to that here, because what I really think of Colorado state senator Morgan Carroll (Democrat-Aurora) would consist of a long stream of extremely vulgar profanity that Ward would not publish on this web site.

    A few weeks ago, I had a chance to speak with the folks behind the recall effort. They told me that politicians won’t listen or act unless they believe their job is at stake. I think that trying to get meaningful H.O.A. reform through the state legislature is a waste of time and effort. Especially after what happened to HB14-1254, Stan’s efforts to eliminate H.O.A. transfer fees. I don’t know how much it would cost to get an H.O.A. reform measure on the ballot for a popular vote — I’m sure it’s more money than I have — but I think that going directly to the people is the only way to get it done.

    Colorado Democrats claim that elections don’t serve the interests of democracy or representative government. Here in Colorado, “representative government” has been failing to protect Colorado home owners for nearly 25 years. Maybe it’s time to give “democracy” a chance.

    Reply

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