Looking for a HOA lawyer (Denver, Aurora: homeowners association, insurance, living in)

[ryan71]

My HOA has placed a lien on my property and the fees from their attorney's seem extremely outrageous. I am also not sure if the HOA followed their own covenants on the timing they placed the lien. I just want answers and some guidance, I do not feel I have been treated fairly and being strong armed with their attorney's.

[Wardendresden]

Originally Posted by ryan71

My HOA has placed a lien on my property and the fees from their attorney's seem extremely outrageous. I am also not sure if the HOA followed their own covenants on the timing they placed the lien. I just want answers and some guidance, I do not feel I have been treated fairly and being strong armed with their attorney's.

Ryan, there is a whole Colorado thread under "HOA attorney needed" which you should read. I spent three years on a Board of Directors of an HOA in Aurora and worked two years for an HOA Homeowners Association Management Company. So I've seen both sides of the fence more than once.

There was and is much disagreement between another poster and myself. Please, when you are reading, note that his are all opinions, while I quoted experts in the field.

You do have some options.

First, you should ask for a hearing with the Board. Take a neighbor with you, if possible and ask that he or she be part of the hearing. The odds of winning are not in your favor, but----you may be able to negotiate down the cost of what you owe the Association. You want a neighbor who is part of the HOA to be a witness to offer and counteroffer. Possibly you can negotiate increasing your HOA monthly payment until the fees you owe are paid off. You will probably not be able to escape attorney fees, and the attorney who represents the HOA sets his own fees.

You can get an attorney yourself, but, in truth, it is a crapshoot where you need to roll snake eyes. And you may have to pay that attorney a retainer up front plus any additional charge for time he or she spends over the amount covered by your retainer. If you lose, you have your own attorney's bill, and additional fees from the HOA attorney.

Read your covenants and find what period of time is required before a lien can be placed on property, It's going to be time consuming, but you may find other areas where the Board has made an oversight.
Ask if everyone in your same situation has been treated the same in terms of how the Board has proceeded. Above all, CONTROL your temper. I know you feel you have been wronged, but making enemies of the Board or even part of the Board will not help you mitigate your situation.

This is something you may not wish to do, but your HOA is required to publish when they are meeting. Go every time (win or lose) unless something unbelievably important gets in your way. Look for others living in the Association who may not be happy with the way its being governed and consider replacing Board members at the next election with someone you would prefer more.

DO NOT stop paying your HOA dues. If you do, you've lost before you even begin to contest what is going on.

I'm retired now (insurance for 30 years), but one of my tasks in working my retirement job for the President of a small HOA management firm was to read covenants and restrictions. If you are able to direct me to a website that will let me read your HOA covenants, I will try to do so after the holidays. I'm actually going to be in Parker tomorrow through next Friday visiting with my son and his family who recently relocated (six weeks ago) from Denver to Parker. My son is a Douglas County H.S. graduate.

If you post me privately through City Data late tonight or very early tomorrow, giving me more information and detail about your situation, and, if I can access your CC&Rs, I will see if I can find anything to help your case. I am not a professional, however, and can provide you no level of expectation which you may be seeking.

Or even send me a phone number. Who knows, maybe I can contact you while we are there and we can have a cup of coffee. I'm really interested in what Homeowners Association Management Company handles your Association.

Wishing you the best