Mondays Docket: HB 12-1237 IS A Scam and Unenforceable

Posted on February 12, 2012 by admin

Copy Of Letter To All members of the State Legislature of Colorado.

Here we go again, another Bill (statute) that does not help or protect any HOA Homeowner. It is unenforceable without hiring an attorney and suing for a claimed violation of any and all the statutes on the books today.  It’s called a money machine for Lawyers and Property Managers.

I spent 12 years trying to see the books of the Dam East Homeowner Association and only with a court order were some of the books open to inspection.  In one instance an inspection was made of the books which took over 6 days  only to catch the Property Manager Earl Johnson of Western States Property Managers and H.O.A. Lawyer Rich Johnston  while in court returning arms full of records that were pulled from the files before our inspection.  How does this proposed bill 12-1237 protect an inspection from being pilfered of important files to hide their actions?  It doesn’t stop any actions against the membership by Property Managers and crooked lawyers.

Wake up State Legislators the only way to protect H.O.A.’s in this State is to place all Property Managers under the license control of the Real Estate Commission. Only the Real Estate Commission has the tools and trained staff to monitor licensed business groups like Real Estate Brokers, Insurance Brokers, and Mortgage Brokers. Licensing Property Managers will be paid for by fees charged the Property Managers based on the number of HOA they manage. It will not cost the State any funds to protect the HOA Homeowners of Colorado for the first time in its history. Millions will be lost to lawyers and Property Managers and the assessments charged members of H.O.A.’s will be reduced.

A small agency under DORA staffed by Sen. Carroll’s choice for ombudsmen Mr. Aaron Acker is not the solution since he is on a first name bases with all the members of the C.A.I. The C.A.I is to not be involved in any training or assistance in writing the new laws governing the management activities of the licensed Property Managers. Any member of the Legislature who thinks this way has received funds from the C.A.I.

NEW WEBSITE

I have created a new website under construction named www.ratepoliticians.com . I have listed all legislators my name, email address, and District.  HOA voters in your district will make requests for you to indicate how you vote FOR, AGAINST or ABSTAIN on legislature involving H.O.A.’s. You will be able to register this vote before you vote on a Bill in the legislature and it will be published on the Internet.  Then I will receive a copy of how the true  votes were cast for real in the legislature and that vote will be recorded in this database to match your vote in my survey. If the vote is different than you declared it will be printed in red. The results will be published on the Internet so the voters in your district will know how to vote for you in the election 2012. At the beginning of the survey all votes will be marked ABSTAIN just in case you refused to participate in the survey.

Both parties are responsible for allowing Sen. Carroll to run the laws that allowed H.O.A’s homeowners to be screwed by lawyers and Property Managers. Now is the time for a parties to reverse action and support protection of H.O.A. Homeowners. License Property Managers and get complaints out of our courts that don’t provide justice for our citizens of Colorado.

Jim Burneson

burnesonj@gmail.com

Posted in Mondays Docket: By Jim Burneson | Leave a comment

Monday’s Docket: A new Column From Jim Burneson

Posted on January 3, 2012 by admin

COLORADO STATE LEGISLATURE NEW YEAR 2012

  This message is sent to you and to many other individuals whose responsibility involves HOAs, Judges, Legal system, and reelections of State Legislators for year 2012.
 
HOAs legislation is under the complete control of Sen. Morgan Carroll. She has been running this area of fomenting laws that were supposed to protect HOA homeowners in Colorado. Yet in over 10 years not one law has she passed that protects Homeowners in an HOA.  This is why the Attorney General of Colorado will not prosecute complaints against Property Managers of HOAs since there are no laws (or Rules) on the books for Property Managers to be charged with violations against HOA Homeowners.
 
What Sen. Morgan Carroll has sponsored are statutes that set laws that can only be enforced by a homeowner hiring a lawyer for ($20,000) and suing in a court for a County or District Judge to rule on claimed violations. Right now there are no laws that are enforced concerning the Articles of Incorporation or Covenants and Bylaws. Consequently, homeowners have no protection from crooked lawyers, incompetent judges, Property Managers, and board of directors under the control of the HOA lawyers, and Property managers.
 
When a property owner buys a property in an HOA he agrees to follow these documents to the letter.  But the board of directors, Property Managers and HOA lawyers know there are no enforcement laws for them to follow any of the documents that were written to protect the homeowner.  The money these HOA services earn or even steal is beyond belief. Any legislature effort to enforce penalties against lawyers, Property Managers, Board of Directors is strongly paid for by a nation wide organization called the CAI.  (Community Association Institution).  Any legislator who has accepted any donations from this organization needs to return it or hide it for this 2012 election. 
 
 We are asking all homeowners to call their legislator and ask them how he will vote on Management licensing. We are setting up a webpage to report the vote preferences and final votes of all Colorado legislators on the licensing issue.  This way, Homeowners will be notified to inquire of their representative if they have been bought by the CAI and controlled by Sen. Carroll. We will assure all see how they vote on the up coming issue of passing legislation that all Property Managers must be licensed, and further, whether the final bill adds to the control exerted by the lawyer lobby and the Management companies through their C.A.I. organization influence.

We believe the Real Estate Commission, free of C.A.I influence, will provide more protection for Homeowners. The CAI must not have any influence over the formation of the laws and rules which currently allow Managers violate homeowner rights and ignore existing law. Approximately 26 other states have or are in the process of passing the same requirement of licensing Property Managers. Many have been adversely effected by the lobbying efforts of the C.A.I.
 
Sen. Carroll is trying to get a weak agency under DORA to be run by an Ombudsman czar named Mr. Aaron Acker (single decider of all complaints over the actions deem against HOA homeowners.)  Google his name as in Colorado and his duties are already listed before you the legislature has voted on it. I believe it’s called “Horse before the cart.”
 
Mr. Acker is a great friend of the Local Chapter of CAI and knows the membership by their first name. He is the last person to be placed in the position with singular authority whose decisions can’t be appealed. He can’t be fired until 2015. This is according to Sen. Carroll’s first effort of passing the HB-10-1278 which you voted a reduced version to collect only complaints from Homeowners costing $225,000.  Only Mr. Acker is allowed to read these complaints and he is supposed to summarize the complaints as per his sole opinion by December 2011. Have you as legislature got a copy of his opinion yet?
 
This legislature has a habit of passing laws without reading them like 06-89. In that law (written by the CAI lawyers not Sen. Carroll), you need to be informed there are provisions that a board member can have a conflict of interest and sell services to his HOA for his own profit. Had your read bill 06-89 you would know why Sen. Carroll had to pass the new bill HB11-1124 to reverse allowing Directors the right to have a conflict of interest with their own HOA. I’ll bet even the sponsors listed with this bill never read it but voted for it.  Everyone who cosponsored this bill is incompetent as a legislator for two bills not read each sponsored by Sen. Carroll.
 
The crooked lawyers and Property Managers have no respect for Mr. Acker agency since they know which side he is on. The only respect and power will be licensing of Property Managers under the full control of the Real Estate Commission. A list of rules will be written like other states have done that set the rules of how a Property Manager’s license can be revoked by actions taken against the HOA owners. In SB 100 it requires all Property Managers to follow the Covenants and Bylaws of the HOA they are managing. In these rules if they don’t enforce the Covenants and Bylaws as written the Property Manager will lose his license. This will be the first time HOA Covenants and Bylaws are enforced for HOA homeowner’s protection since HOA were first created in this state.  This omission by this legislature has created a money machine for lawyers, Property Managers, CPAs and yes Board of Directors.
 
Sen. Morgan Carroll is a disgrace as a legislator after over 10 years of her efforts HOA homeowners still have no laws to protect them from crooked lawyers and Property Managers. That’s called success for the CAI and defeat for the citizens of Colorado.

I repeat Sen. Carroll and any other Legislator who has accepted a bribe from the CAI as a campaign donation must abstain from any involvement with legislation involving HOAs for the rest of this session.
 
Mr. Aaron Acker must be removed from functioning as ombudsmen of collection of complaints from HOA homeowners.  His appearance at a public open house sponsored by the CAI and participation on a panel for discussion of transfer certificates violated the terms of HB11-1124.
 
The entire bill of HB11-1124 must be repealed since it can’t lead to any establishment of an agency proposed by Sen. Carroll for the benefit of the CAI.
 
This letter is per my opinion developed from my experience in the field of HOA abuse and litigation in the 18th District Court of Arapahoe County.
 
This session must accomplish the licensing of Property Managers of HOAs with a set of rules in detail that are a composite of other states license laws developed without any CAI involvement. It’s the fox in the hen house theory. As Democrats you will have enough problems keeping the party together when Obama loses the 2012 election. I don’t think you will need a scandal of how HOAs have been ignored by the State Legislature under the leadership of Sen. Carroll.  All members of HOAs will be prompted to call all Legislators of their district and ask if you are in favor of licensing Property Managers under the Real Estate Commission or not. The voters can decide how their votes are cast 2012 for those who don’t want Property Managers licensed by the Real Estate Commission.
 
This message will be posted on my website at www.court-house.com  and sent to the entire Legislature by email and many other copies will be sent as blind copies for others to review.
 
 
Jim Burneson
burneson1@gmail.com

Posted in Mondays Docket: By Jim Burneson | 1 Comment

Monday Morning Message-Notice To All H.O.A. Homeowners-Oct. 10, 2011

Posted on October 13, 2011 by admin

NOTICE TO ALL HOA HOMEOWNERS
Do not send any complaints to the Real Estate Commission since only
one man on this earth is allowed to see these complaints and has no
authority to act on them. The cost of hiding the complaints is of
$250,000 in public taxes. Sen. Morgan Carroll who runs the Real Estate
Commission has decided to order Ms. Waters of the Real Estate
Commission to rule against my request under the Open Public Records
Act to deny downloading copies of these complaints to a CD for all of
us to see. We need to know who is causing homeowners problems be they
Property Managers, lawyers, or Board of Directors.

The following answer to my request for copies of these complaints was
issued by Ms. Waters (copy attached ) states a Mr. Ackers will write a
summary of the complaints to be issue next year. This summary will
protect the named lawyers and Property Managers who caused the
complaints which Sen. Morgan Carroll doesn’t want known by the public.

The CAI (Community Association Institute) is a national organization,
which has lawyers and Property Managers that make their living
collecting fees from members of an HOA to support their personal
expenses. It’s been going on for at least the last 15 years.

Homeowners ask your Board of Directors if your HOA attorney and
Property Manager are members of the Local Chapter of the CAI. If they
are members, you must be prepared for harassment to collect fees from
the membership since that is the only way the lawyers can make an
income to pay their living expenses. Lawyers when hired by an HOA
don’t receive a salary for their services so they must harass the
membership in hopes of a fight or members who are delinquent in their
assessments, which will allow legal fees to be charged to meet their
income expenses. This is how they charge the General Account for their
letters sent for collection and thus receive money for their living
expenses.

The Democratic Party to save themselves in 2012 must remove Sen.
Morgan Carroll from having anything to do with HOAs. Ms. Waters must
also be removed from the Real Estate Commission since she is
controlled and represents Sen. Morgan Carroll to protect Morgan’s
client the CAI instead of the people of Colorado.

Once again, Sen. Carroll has scammed the legislature for her own
purpose to protect her client the CAI and not the people of Colorado.

After over ten years of being involved with HOAs, this is my opinion
of what is wrong with HOAs in Colorado and the Colorado State
Legislature who has failed to provide laws that will protect
homeowners in HOAs.

Send all your complaints to your Representative and Senator directly
so they know first hand what is going on in their district to their
constituents that voted them into office.

The only way HOAs will get protection is when the Real Estate
Commission licenses Property Managers just like real estate brokers,
insurance agents and mortgage brokers are today. That will take the
abuse from Lawyers and Property Managers out of the civil courts and
put it in the jurisdiction of the Real Estate Commission, which
doesn’t require homeowners hiring lawyers to protect themselves.

Senator Carroll has prevented this law from taking effect for the last
6 years to protect the money income the CAI members are making from
HOA memberships in our state of Colorado.

If you have, any comments to this Monday Morning Message leave them at
the end of this message.

Posted in Monday Morning At Dam East | Leave a comment

Monday Morning at Dam East Home Owners Association-October 3, 2011

Posted on October 3, 2011 by admin 
Sept 29, 2011

E. James Wilder P.C.
10200 East Girard Ave Suite C255
Denver, Co 80231
695-6600
Fax 695-0300

Re: Release of liens now made mute by the purchase of the residence
12641 E Bates Cir. Aurora. CO 80014. The following is based on my
knowledge and opinion of my experience, which includes 31 days in Jail
ordered by the membership of his association.

I have not received any response to my request for these two liens to
be recorded as vacated by the Board of Directors of The Dam East
Homeowner Association.

By rumor, it’s been reported Mr. Wilder has advised the board the
liens should not be release, as they may prove valuable in dealing
with the lenders on the house now owned by the HOA. This excuse has no
bases of truth and is but a smoke screen to allow additional legal
fees charged the Association paid to Mr. Wilder while refusing to
record a release. Income for lawyers in this economical down turn are
hard to find.

I have been told that Mr. Jeffrey Lane is no long involved with this
HOA. I don’t believe this but believe Lane and Jake Hummel past
President and lawyer are still running this HOA and their spokes
person is Susan Hummel. Lawyers have run this HOA beginning 2001 for
lots of money at a high profit for many  past  lawyers to the present.

To protect myself from lawyers who seek revenge against me even when I
am no longer a member of the HOA I will as of this Monday return to my
Monday Morning Message about the Dam East Homeowner Association
revealing in total detail past violations by all directors since 2001.
This letter will be published on this Monday.

Its time the Board of Directors takes on the responsibilities of being
directors and make decisions for the good of the membership and not
the income of lawyers. I want the Treasurer to publish in the next Dam
East newsletter the legal cost incurred to buying my home to get me
out of the HOA. The board will have to admit they are in violation of
the Articles of Incorporation, which doesn’t grant them the authority
to own a house for removing a member from the HOA. They also don’t
have the authority to buy a house and try to resell it for a profit as
per the Articles even if it proves to be a loss to the membership.
This failure by Mr. Wilder is grounds for his immediate dismissal to
prevent further damage to the members of this association.

In the month of October there is usually an election held for new
board members. I don’t care nor am I involved since I am no longer a
member of this HOA. But, for all the blunders committed by this past
board, the membership should remove all the directors and replace them
with members who have never served as a Director.

Once the litigation expense is stopped and possibly the management
company is replaced the membership could get a reduction in
assessments down to $60.00 a month. Hire a public accountant to do
your books and only the President and Treasurer is authorized to sign
checks. Property Manager sometimes is on the signature card at the
bank and he can sign checks with the President without the knowledge
of the Treasurer.

These suggestions are offered to the HOA’s Attorney’s review to advise
the present board and the new board to be elected what his position
is. Of course, there will be another legal fee for his opinion. If the
entire board is replaced the new board will need to be advised what
violations were committed by the past boards. I will be available as a
consultant to explain why a new board is necessary to protect the
membership.  With my offer, I’ll bet the present board will find
members who will be loyal to the old board’s side who will now
volunteer for the election. . The last thing he old board wants is who
did what when why and how much.

Remember the best action for the present board and the new board is
not to annoy me by your inaction to pay off all my loans the
Association is are under contract to complete by the contract of the
purchase of my home at the Dam East.

The following Monday I will list the contract between the Burnesons
and you the Association and the total cost of purchase of my home to
compare with what the board has release is their estimate of cost.

If you are not a member of this HOA, read this message make copies,
and send them to friends you know who live in The Dam East Homeowner
Association, so they can begin to understand why they are paying
$90.00 a month assessments.

Another subject for Monday Morning Messages will be the Fence Scam
with City of Aurora. This will further support my efforts to get all
Property Managers licensed by the Real Estate Commission.

Jim Burneson
burneson1@gmail.com
www.court-house.com

Cc Cherry Creek HOA Professionals
Posted in Monday Morning At Dam East, Uncategorized | Leave a comment

Why You Should Not Buy A Home In Dam East Home Owners Association-June 20, 2011

Posted on June 20, 2011 by admin

Don’t buy a home in the Dam East Homeowner Association. This is my opinion having lived here since 1972.

Four Hundred and Twenty Five homes were built at the Dam East in 1970 through 1972. The wiring used to provide electricity in these homes was aluminum wiring, now is considered a possible cause of fires started by the aluminum wiring oxidizing due to age.

Some homes have had an electrician perform a correction connection on each wall outlet that reduces the chances of a fire. Some homes at the Dam East have be corrected but far less homes have had any corrective work performed

The realtor showing any homes in the Dam East must advise the buyer if the home being shown has corrective repair performed on the aluminum wiring. If he as a Realtor fails to provide this information to the buyer he as a Realtor is liable for any defects in the aluminum wiring. 

The truth is many homes were sold over the last 15 years where this information was not provided to the owners who need to get the aluminum wiring corrected for their protection or if they want to sell the home. The cost of this repair can be expensive and this expense might be the liability of the Realtor who sold the owner his home.

This failure to notify a buyer of defects in a home is on going in many sales made in today’s market. Anything that adds cost or considered a defect can kill a sale in this slow market.

The Board of Directors should have on record, which homes a licensed electrician has corrected the aluminum wiring. I doubt the board has any knowledge of which houses are safe.

This information should be a part of the books, which a member of this HOA has the right to inspect but the Board of Directors and the Property Manager denies this right. Everything at the Dam East is kept a secret to be known only by the Directors and the Property Manager. A homeowners’ $90.00 a month assessment doesn’t give an owner the right to inspect the books that the Bylaw does grant this right. 

My home has recently been purchased by The Dam East Homeowner Association to get me out of this association. I have the right to rent the premises until September 7, 2011. 

Click Here To Read all Prior Dam East Monday Mornings. 

Jim Burneson
12641 E Bates Cir
Aurora, CO 80014
www.court-house.com..
Posted in Monday Morning At Dam East | Leave a comment

Why You Should Not Buy A Home In Dam East Home Owners Association-June 6, 2011

Posted on June 5, 2011 by admin

Let’s ask the Board of Directors what can they do to assist you in selling your home in the Dam East?

 1. How can the board help promote a sale of a member’s home. Well they could open the books of the association to the realtor representing a buyer so a potential buyer can review the files. However, that will not happen since the current owner has never been allowed to see the books for all the time he/she has lived at the Dam East.

2. If a seller hasn’t sent the books how can a buyer once an owner expect to see the books? When the books are hidden from the members of the Association, they will not usually balance with money missing.

3. What happens to the Realtor who sells the property to a buyer without exposing the misrepresentation by the board that all the books are correct and all the money is accounted for?  It’s as if selling a home with a leaking roof, which the realtor knows, is true, and doesn’t tell the buyer of the leak.

4. All checks must be authorized by a recorded vote of the board of directors before the President and Treasurer can sign them. By Order of the Court, see Chapter 65 on this website.  The board is observing this requirement only just now after years of management by a President that is a lawyer.

 5. A transfer certificate is to be issued according the Judge Stuart’s Court Order by the Treasurer and a nominal fee charged that is deposited in the Association’s bank account. This board signed a contract with the Management Company Cherry Creek HOA Professionals that give them the right to charge $250.00 per certificate to be deposited not in the association’s account but in the manager’s pocket. I believe this is called illegal money charged as the last shot of a departing seller from this HOA. What seller will file a complaint about $250 over charge on his way out of the Association? He will advise don’t ever buy into an HOA without complete research of it’s history.

6. For help in your research go to website www.court-house.com

7. If you are already, a member of an HOA find out who represents you in the State Legislature and phone or email them that Property Managers of HOAs must be regulated by the Real Estate Commission with a list of rules similar to the rules being voted by the State of Virginia. This Commission regulates real Estate Brokers and Insurance Brokers so should Property Managers of HOAs..

Posted in Monday Morning At Dam East, Uncategorized | Leave a comment

ALL WELCOME TO THE COURT-HOUSE

Posted on March 18, 2011 by admin

Welcome to Jim Burneson’s Web-Blog

This blog has been established to tell my story to all home owners that live or are thinking about buying in an home owners association (H.O.A.). My ordeal started with a simple question about the motives and very secretive actions of my H.O.A. board at Dam East Homeowners Association.

That simple question started a long fifteen year battle with a dishonest home owner association board at Dam East, a criminal and complicit management company, Western States Management Company, a lawyer board member, Jeffery Lane, that charged my own Association $30,000 in fees (partly paid by me) to put me in jail and try to take my home. It is a battle that is still being fought.

I have learned the hard way that justice is hard to find in a court system and state that offers no protection to home owners, unevenly enforces laws that have been diluted by management company and lawyer C.A.I. (Community Associations Institute) members lobbying our Colorado Legislature. Justice has been denied me by a court system saturated with lawyer-judge nepotism and collusion that resulted in a jail term for me for trying to protect my home and basic rights. The State of Colorado offers no oversight or licensing of H.O.A.’s or management companies. Basically, in Colorado, your H.O. A. board or management company can do just about anything they want— up to taking your house and just plain theft, with little fear of adverse results.

Along the way, I have learned a few things about home owner associations, H.O.A. lawyers, and H.O.A. management companies that should be of great interest to all home owners that are thinking of buying or those currently living in an H.O.A.

This blogs on this site are divided into the following Linked topic Pages:

In addition to listed  Chapters there are  transcripts published  that relate to trials and hearings tied  to each Chapter when available. These transcripts have been edited with comments by Jim Burneson and noted in red print. The transcripts can be reviewed and downloaded at no charge to verify the statements made in each Chapter.   All Chapters and statements offered by this website are based on the opinions of James W. Burneson or by the opinion of individual contributors.

WHAT IS THIS WEBSITE ABOUT ?  

The range of  subjects covered on this site are as follows:

  •  Litigation within the 18th District Court of Arapahoe County,
  • Perjury in our civil court is not enforced by the civil judge.
  • Wrongful actions by judges and lawyers,
  • Abuse of Homeowner Association members  by crooked property managers and HOA lawyers for their own profit.
  • There are multiple chapters on how members can protect themselves from incompetent HOA Board of Directors and crooked property managers and HOA Lawyers.
  • The Denver City and County jail
  • The Woman’s Correctional Institute on Havana Ave. in Denver, Colorado.
  • Immigration , Thanks to the 1986 Immigration law we have over 20 million Illegal Mexicans roaming our country tax free.
  • Cost of education of Illegal Mexican children to State of Colorado,
  • Colorado Supreme Court,
  • Attorney Regulation Counsel, Rulings on threatening emails by a lawyer.
  • Appellant Court of Colorado, denies freedom of speech in an appeal if a judge or lawyer is criticize. Peasants are not allowed to criticize royalty.
  • CPA accountants for HOAs audits that all checks paid are board approved  as required by Covenants and By law.
  • Sham Fence Program by City of Aurora,
  • Lack of complaint process against Police Officers at City of Aurora,
  • State legislature  passage of  SB 06-89 by  Senator Morgan Carroll, This law was written by Community Associations Institute  (CAI) This is the ACORN of the HOA business.
  • Earl Johnson of Western States Property Services Inc., etc.
  • HOA Attorneys methods of rape and plunder of Associations.
  • Community Association Institution. CAI known as the ACORN of the HOA business
  • Over 20 District Judges implicated in ex parte communication with trial lawyer prior to trial that same attorney later won.
  • If you want to convert your HOA to a self management Association James Burneson can assist you as a consultant.  Go to Chapter 15 for a review of how to run an HOA without lawyer and property manager.

You can reach customer service at: burneson1@gmail.com

MOST CHAPTERS ALLOW A COMMENT TO BE LEFT WHICH WILL BE PUBLISHED WITH THE CHOSEN CHAPTER.

Posted in CAI, City Council of Denver, Dark Side of Denver County Jail, Denver Court System, Download Chapters Of Book, HOA, Immigration, Jeffrey Lane, Judge Adam, PERJURY, Senior Judge Anderson, State Legislature, The Dam East Homeowner Association, Uncategorized | Leave a comment

Monday’s Docket:March 26, 2012

Posted on March 26, 2012 by admin

1. MEDIATION DOESN’T WORK FOR SETTLING HOA PROBLEMS
 
2. NEW PROPOSED BILL 1237
 
3. PASSAGE OF A NEW LAW TO REQUIRE PROPERTY MANAGERS TO BE LICENSED
 
_____________________________________________________________________
 
1. MEDIATION DOESN’T WORK FOR SETTLING HOA PROBLEMS
 
 
I have first hand knowledge about why mediation doesn’t work in solving problems between Board of Directors and a member of the HOA. 
 
1. Mediation can prove expensive and very time consuming.  The biggest problem is the Mediators and HOA attorneys are usually friends or will become friends once they are appointed. They will have conversations about the mediation before and outside of the actual hearing. The Mediator and attorney both will have concluded how the mediation will be won with the judge’s friend wining the mediation. 
 
2. Both parties of the mediation will have come to an agreement and the only thing left to do is the board of directors has to vote approval of the Mediation agreement as agreed to.   Ah but here is the problem during the time of mediation could be week to months to years a new board member has been elected and he doesn’t like the terms of the agreement since he was not involved in the mediation hearing  and refuses to vote for the agreement. The new board member will talk the other directors to vote against the agreement thus the entire mediation is cancelled.  This happened three times at the Dam East Homeowners Association. This could means a year wasted or two years passed and the agreement was planned to be defeated from the beginning when the board members agreed to something they knew would never be passed by the new board of directors.
 
3. In the 18th District Court Of Arapahoe County a judge having ex parte communication with one of the attorneys in pending trial has conversations by phone or meetings in his chamber even on the day of a hearing or trial and a decision is made the HOA member will lose because he is pro se (not represented by an attorney.) This happened with over 20 judges and the lawyer was Jeffrey Lane an ex magistrate of the 18th District court fired for reason he has to tell you. There is no justice in the 18th District Court just Judges talking to lawyer buddies and decisions of pending trials pre-decided before the trial. We are supposed to be a nation of laws which is really a joke.
 
4. Perjury is not enforced in the civil courts thus lawyers and judges know you can lie in court and nothing will happen to the testimony of a witness who committed suborn perjury with the HOA witness by the lawyer representing the HOA.  A homeowner in an HOA doesn’t stand a chance in any court in Colorado and the CAI Property Managers knows it.  That means the Property Managers (PM) will advise the board of directors to violate the State legislature’s newly passed Statutes since the homeowner doesn’t stand a chance of winning in court. He has to spend $20,000 to hire an attorney and go to trial to prove a violation.  Justice is not a produce of Colorado law money is.
 
 
NEW PROPOSED BILL 1237
Has arrived at the Senate to be reviewed and voted on. It was unanimously voted in the House which really means no one read it but still voted approval because the CAI lobby wanted it.  Problem is the bill doesn’t protect anyone since there is no enforcement to the bill.  Here again no one is going to spend legal fees to hire an attorney and sue for a trial for violations of this bill.  It’s a waste of time and will do nothing for the citizens of Colorado.  But the Representative will all brag what a great achievement it was passing a bill that really does nothing for anyone.  By the way you left out the file on CPA audits required for members to see. This is an important file yet it usually isn’t more than 5 pages long and the auditor in his commitment letter has agreed he will not look for any wrong acts by the board. That’s one hell of an audit that promises it will not find anything wrong even if wrongs are apparent. With this promise the CPA auditor will be assigned all the HOAs being managed by that Property Manager which can amount to a large sum of yes money.
 
Passage of a new law to require Property Managers to be licensed
 
The DOAC report shows lots of work went into it yet it didn’t commit the State legislature to license all Property Managers in the business if they are not a member of a management company.  I told Mr. Tobias of DORA the fix is in before he started his report.  I knew Morgan Carroll and others will have set a plan to protect the Property Managers and not the citizens of Colorado and they did. The only Property Managers required to be licensed are those who are members of a management company and not the independent Property Managers who compose at least 80% of all Property Managers in the business.  Isn’t that great!  Now the existing management companies will fold their tents and continue working together as non members of a management company and that way they don’t have to be licensed. 
 
Let’s see who will sponsor the bill to pass the license law that requires only management companies to be licensed.  I’ll bet the sponsoring Representative and Senator will be rewarded by donations to their reelection campaign funds by the CAI or a friend of the same.  (It’s all about money) The citizens of Colorado never get full protection if a law reduces money paid to the parties who service the HOAs unlicensed.  As State Legislators you must remember it is estimated to be a billion dollars a year paid to the services that claim to be taking care of the HOAs in our State.  With a strong licensing law managed by the Real Estate Commission a billion can drop down to half that much which is a real cut in income for lawyers, Property Managers and CPAs audits. It is interesting to note the CPAs are allowed to register their business address at a PO Box so they can’t be served with a subpoena for a lawsuit about one of their Audits. You the State Legislature are responsible for this slip up along with the Director of DORA. .
 
The next step will be delay the passage of a license law for as long as possible to allow more money to be collected while the Property Managers continue to rape and plunder the members of HOAs. They should be able to drag the passage out 5 years which makes 5 BILLION of income in the HOA business.
 
The worst thing that could happen to the industry of Property Managers is being included under the Real Estate Commission with a 200 page list of rules that can get the Property Managers’ license cancelled for violating anyone of them.  Lets put the management of Property Managers under an agency that is understaffed with no money and call it the “HOA information and Resource Center” by itself under DORA,  (5 years from now).
 
Why is it that all real estate brokers must be licensed and insurance brokers and mortgage brokers licensed as individuals and not just the management companies?  Is this what you call over regulating businesses and so all of these Brokers should no longer be required to be licensed if they are not a member of a company involved with their individual businesses? 
 
Visit the new website www.ratepolitian.com all State Legislatures are listed how you vote for new laws will be published so the HOAs members can see how their State Legislature has protected them this year.  Your email address is provided so your constituents can easily contact you before the pending election. 
 
 
 
Jim Burneson
Burneson1@gmail.com

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CHAPTER 01 18TH DISTRICT COURT OF ARAPAHOE COUNTY COLORADO JUSTICE DENIED 1999-2009

Posted on November 3, 2009 by admin

WHATS WRONG WITH THE SYSTEM?   

LIST OF JUDGES WHO ROLLED OVER FOR   

JEFFREY LANE ESQ. OF SPRINGER AND STEINBERG   

Download Chapter 1 18th District of Arapahoe County

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CHAPTER 02 COUNTY TRIAL BY AURORA COUNTY JUDGE STEPHEN RUDDICK AND DISTRICT JUDGE RAFFERTY. THIS IS ONE OF THE EXAMPLES OF A JUDGE AND LAWYER WORKING TOGETHER TO DENY JUSTICE. *

Posted on November 5, 2009 by admin


Involves County Judge Ruddick, Jeffrey Lane attorney for the Plaintiffs’ Dam East Home Owners Association Board of Directors, (name all of them) and District Judge Rafferty, Senior Judge Steinhardt, Supreme Court of Colorado Namely Chief Judge Mullarkey.  THE TRANSCRIPT OF THIS TRIAL IS A DISGRACE.  JUDGE RUDDICK  UNDER JEFFREY’S CONTROL LOST THREE HOURS OF TRANSCRIPT OF THE TRIAL WHICH WAS AN EMBARRASSMENT TO THE COURT  IT TOOK 6 MONTHS FOR JUDGE RUDDICK TO FIND THE LOST THREE HOURS.  Because the audio tape was available the three hours missing could be discovered.  If the audio tapes were denied as it is today we the defendants could not prove there was anything missing in this trial. This trial is what started Chief Judge Leopold issuing his Order to deny audio CDs issued for $5.00 of any trial in Arapahoe County.

BEGINNING OF TRANSCRIPT OF ONE OF THE WORST MISTRIAL IN ARAPAHOE COUNTY THANKS TO JEFFREY LANE ESQ. AND JUDGE RUDDICK WHO WAS VOTED TO NOT BE REELECTED BUT WAS STILL ELECTED. RUDDICK RETIRED FROM THE COURT AND IS NOW A  ASSISTANT COUNTY ATTORNEY OF CITY OF AURORA.

When you click on this download then click on the adobe symbol to see the transcript.

Download Chapter 2

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