I would like to do an audit of our HOA. That was something I had never considered Transfer Certificates at time of sale. I was wondering about “administrative fees” charged by an attorney. (Not allowed in deed restrictions) where he charges $25.00 for each installment or payment? Also, I am wondering who has oversight into the HOA attorney’s trust funds? He is being paid by the HOA $2500.00 to do a foreclosure, and they trying to collect from the individual homeowners $2,500 with a money judgment.
Check your Covenants and Bylaws as to what is allowed. Question your board of directors as to what they allow the lawyer to do against homeowners in your HOA. The board of Directors are the ones to put the pressure on for questions you have as to the running of your HOA. There are very few laws that protect HOAs in State of Colorado. The Attorney General has refused to prosecute any claims that involve HOAs because he claims there is no agency who is required to protect HOAs.
The best protection for owners of HOAs is when the Real Estate Commission licenses all Property Managers of HOAs and then we won’t have to go to courts for a trial to get protection.
The board of directors are responsible for this oversight and the entire homeowners are responsible for the illegal actions fo the board. There is no such thing as $2,500 set fee for a lawyer to charge an owner who has no recourse to dispute over charged legal fees. The only way to stop the rape and plunder of HOAs is to tell your state representatives you want all HOA Property Managers to be licensed by the Real Estate Commission. With this in place when you have a question or complaint you file it with the Real Estate Commission and an agent will be sent out to review the complaint. If it is found to be right the PM could lose his license and he is out of business as an HOA Property Manager. All HOA owners must be in contact with their state Legislatures to get this law passed. Senator Morgan Carroll will try and block any such law as she represents the Property Managers and HOA lawyers.
Fran sorry for taking so long to get back to your comment. There are no rules of how a lawyer is paid except the contract that is signed by your board of director. In the Dam East the board doesn’t list the checks paid the lawyer but list the check number of all check paid. That way you as a homeowner will not know how much money is paid and to who. We need a new law that all Property Managers will be licensed by the Real Estate Commission like Real Estate Brokers. This will remove all complaints from hiring a lawyer and going to court to stop illegal actions against the homeowners. Right now there are no laws to protect HOA homeowners as stated by the Attorney General of Colorado. He will not accept any complaints that involve an HOA. That mean you have to follow the Covenants and Bylaws but the board doesn’t because there is no enforcement to make the board follow the rules. You must find your who is your representative and Senator in the State Legislature and send them an email or call them and tell them they need to pass a law that all Property Managers be licensed by the Real Estate Commission. That is the first step to stop the abuse of HOAs now with an election coming up.
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