Attorney who deals with HOAs? (Denver, Fort Collins: real estate, homeowners association, condo)

[cowboyxjon]

I'm having some trouble with my HOA to the point where I think it's possible that funds are not being used properly, but they won't provide me with any financial information. The HOA is still run by the builder, so none of the owners here really have any information. I think I need to speak to an attorney. If anyone has any recommendations for someone in Metro Denver, please PM me. I appreciate it. I think there are some big issues, and I'm not sure what to do or how to proceed, since I can't seem to get any answers.

Thanks -- I appreciate it.

Also, please don't lecture me for buying a property (townhouse) that has an HOA. I know it's a polarizing topic, but what's done is done -- I can't change it now, so I don't really need to hear about why HOAs are horrible. It's also hard to find a towhouse that isn't in an HOA. I'm upset about this situation, but criticizing me for living in an HOA community won't help.

[2bindenver]

You can complain to the real estate commission HOA Information Office and Resource Center

[cowboyxjon]

Originally Posted by 2bindenver

You can complain to the real estate commission HOA Information Office and Resource Center

Thanks! I appreciate it!

[azcater]

Oliver Frascona would be a good resource as well

[Luvs2Trvl]

Can you elaborate on what you think the funds are being used for? Used to be on my HOA board - don't judge me - it was a horrible experience! Just curious about what they might be using the money on. It might be hard to go after them depending on what they (as developers) are entitled to do with the money before it's officially handed over to an elected board. I had some experience getting lawyers involved with our HOA (without the builder involved) and in the end, it wasn't worth the time, stress and money (just keep this in mind). I also had concerns that money was not being used correctly for improvements and in the end no one cared in the community despite having an attorney point out those facts. HOA's SUCK!!!! Nice Idea but they are generally run by idiots!

[cowboyxjon]

Thanks for the help, everyone!

To make a long story short, I suspect that the builder is using dues from my complex (12 townhomes) for other purposes, like maybe other projects he built that are in the same situation. I received word that the water bill hadn't been paid because I had a shut-off notice on my door. When I called, they said that the water had already been turned back on (all of this happened while I was at work during the day on Thursday) because the bill had "finally" been paid. I know what the average water bill is because I saw the financial documents when I bought the place and based on the dues, there is NO reason why it wouldn't cover the monthly water bill, even if the average has increased slightly over the past two years. Also, they stopped cashing the checks that I send for the HOA dues in November, but I have no way to contact them (phone number doesn't work anymore) and received no notice that the address to send checks to had changed, etc. If the water bill isn't being paid, I want to know what else isn't being paid and I want to see the fianancials. As far as I know there is no board and there has never been a meeting.

I think the builder is having trouble because of the housing bust, but really, there's no reason why my HOA should be ignoring the water bill. Also, the HOA is 'delinquent' in the eyes of the Sec of State and hasn't ever registered with DORA. I'm trying to find out if it still even technically exists, and if not, can those of us who own units take it over somehow to ensure that it's run properly, even though the builder owns 7 out of the 12 (they're occupied with renters)?

That's the issue, in a nutshell.

[Luvs2Trvl]

Wow, okay those are legitimate reasons to look into this further. So I take it that this is a small builder since there are only 12 units? Definitely sounds like something is going on with his lack of capital and/or lack of organization and fiduciary responsibility. Very odd that your dues aren't being cashed, that would make me nervous. My HOA's bank screwed up and didn't list one of my checks as received and I immediately got a letter from the HOA. It really sounds like he hasn't established an actual HOA at all and I wonder if he has an account set up for it at all.

Not sure where it will get you but you could try contacting the Better Business Bureau. Not that I think they are that effective but I filed a complaint on my builder for structural problems (after months of getting nowhere fast with our attorney talking to their attorney) and we did actually get a very fast response from our builder (though they are one of the biggest in the state).

Not sure if you have been on this site: Colorado Homeowners Association Lawyer & Attorney : Winzenburg, Leff, Purvis & Payne : Serving Denver, Fort Collins, Front Range
Might steer you towards some people who are good contacts.

[galaviz]

I have a similar problem my HOA fee went up to over $300 this year. I believe is to expensive because the pool isn't even in use it has been closed completely. The lawns are a disaster no security . I called and asked why it was goin up so much they said it was to improve boilers and security. That just doesn't seem right to me. Also the heater in my condo isn't workin I tried contacting them and they never answer or call back

[davebarnes]

Andrew is my goto guy for such matters. I paid him to review HOA docs for me. He did a great job.
Wash Park Prophet: Yes, I'm A Lawyer

[Mike from back east]

Originally Posted by davebarnes

This is my goto guy for such matters
Wash Park Prophet: Yes, I'm A Lawyer

Is he related to G. Willikers?