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DebbieA1 (Colorado)
Posts: 6
Posted:
I'm in Colorado. We are a Town-home Association.

I bought this town house in November. My monthly HOA fee is $175.00 which I'm being told now is outrageous. This is an average neighborhood of homes built in the early 80's. The newer, more upscale neighborhoods pay a fraction of what we pay here.

I haven't been here a year and am already being slapped with a special assessment (does have to be voted on) to repair the roof on the clubhouse which was not done when all the roofs were redone 7 years ago. The HOA pres said, "I don't know why it wasn't done then". Say what? She ought to know why! She was the pres then. I fear our board members are lifers, which I don't like already.

The parking lot is crumbling and the buildings need painted BADLY. She keeps telling me that there's not enough money to paint or fix the parking lot, because she has two people not paying their dues. In the winter, we have to trudge through mud to get to the mailbox, because she can't afford to have the dirt lot in back paved or perhaps lay some recycled asphalt or road base down. If she says "cost prohibitive" one more time, I think I'll come out of my hair!

I asked her for financials and she offered to let me look at them on her laptop. I told her I wanted them printed out and she has ignored me since. I've written twice with no response and I wrote again tonight with a stronger tone. I paired the request with a question about painting my front door red and if she ignores me again, I will paint it red and wait for her to come out of hiding. LOL

But, in all seriousness, what should I do? I am totally new to this HOA thing. I do have experience with a road association, for some property I own in the mountains, and I think it's pretty similar.

Advice?

DebbieA1 (Colorado)
Posts: 6
Posted:
I should have added....

I keep hearing about "management companies". Do all HOA's have them? I've never heard speak of it here.
GlenL (Ohio)
Posts: 5,491
Posted:
Debbie you are entitled to the records however if you want copies the HOA may charge you for them, cost not to exceed the actual cost of the copies. Section 38-33.3-317. Association records of the Colorado CCIOA. To see the entire section go to: http://www.hindmansanchez.com/sites/default/files/resources/CCIOA%20-%204-12.pdf

If she continues to ignore you you may have to take her to court to get the requested documents. This does not mean she is mean or evil or cheating, sometimes people become so entrenched in their own little fiefdoms that that take any question of their actions as a personal attack.

Not all HOA's use Management Companies, some are self managed, meaning they do everything in house.

$175.00 doesn't sound outrageous but you need to compare apples to apples, meaning you need to compare with another HOA with the approx same number and size of units with the same amenities. Also you need to factor the age of the complex and reserves if any which it doesn't sound like you have if they are considering a SA for the roof.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Debbie

Typically associations will put money aside for several reasons.

1. Capital Reserves for planned on future expenses such as roof replacement. 30 roofs, $3,000.00 each ($90,000.00 total), needed to be replaced in 20 years so $4,500.00 per year ($375.00 per month) must be set aside for the next 20 years so you have the $90,000.00 20 years from now.

2. Capital Improvements for things we would like to do when we have the money saved, like paving that dirt lot.

If no money set aside then when it is needed there basically are two ways to get it:

1. A one time assessment. We need $90,000.00 to replace 30 roofs, the assessment will be $3,000.00 per unit, one time payment, due now.

2. Borrow the money and raise monthly dues to pay it back. Like a car loan.

Rough rule of thumb is 15-20% of dues set aside for Capital Reserves.

All you need to see is the Yearly Financial Report. This will tell you if there are any set aside reserves.

Bottom line is it sounds like your association has no Capoital Reserve nor Capital Improvement funds set aside. If so, you association is in financial trouble.

Hope this helps.

TimB4 (Tennessee)
Posts: 21,061
Posted:
Debbie,

It sounds like past boards in your Association failed to put enough money aside in reserve in order to fund the expected repairs of the future. When this happens, the Association has to play catch-up by having higher annual assessments and perhaps some special assessments. A Reserve study is done and used to determine how much extra money is needed. For more information about Reserve studies visit this thread: Subject: Reserve Studies/Funds 101

When my Association completed it's reserve study (and we are an older community), our assessments went up 20% in order to fund the reserves.

Please note that comparing new developments with old developments is not comparing apples to apples. This is because many developers artificially keep the annual assessments low in order to sell the homes. When control of the Association is turned over to the membership, the assessments will typically go up.

Who may enact a special assessment will be based on your own governing documents (typically the CC&Rs or Bylaws) and/or your State laws.

Hope this helps,

Tim
CarolR11 (Colorado)
Posts: 2,563
Posted:
Debbie, doesn't your HOA have a Board of Directors? Or is it possibly only the president? What size is your HOA? Attached homes, or?
DebbieA1 (Colorado)
Posts: 6
Posted:
Yes, and it's like pulling teeth to find out who they are. I only know the president. Oddly enough, she lives in the unit right next to mine. There are 21 units in this complex. 3 separate building containing 6 units each that are attached.
DebbieA1 (Colorado)
Posts: 6
Posted:
Yes, Tim, I was reading that and asked my son about it. The developer turned it over about two years ago. I've been checking listings in that development and the association fees are only $40.00 a month! Now, I do understand that it's a little different, being that those are single family...detached homes...like in a regular subdivision, where the residents pay for all their own outside maintenance, insurance etc.. I don't even necessarily have a huge problem with the monthly amount, IF I could see where the money goes and IF the board were forthcoming with the things I asked for.

DebbieA1 (Colorado)
Posts: 6
Posted:
Yep...they absolutely didn't! She told me that back when they had the roof done 7 years ago that there was a special assessment, but everyone was allowed to make payments of $30.00 per month for I don't know how long.

Quote:
Posted By TimB4 on 08/03/2012 6:17 AM
Debbie,

It sounds like past boards in your Association failed to put enough money aside in reserve in order to fund the expected repairs of the future. When this happens, the Association has to play catch-up by having higher annual assessments and perhaps some special assessments. A Reserve study is done and used to determine how much extra money is needed. For more information about Reserve studies visit this thread: Subject: Reserve Studies/Funds 101

When my Association completed it's reserve study (and we are an older community), our assessments went up 20% in order to fund the reserves.

Please note that comparing new developments with old developments is not comparing apples to apples. This is because many developers artificially keep the annual assessments low in order to sell the homes. When control of the Association is turned over to the membership, the assessments will typically go up.

Who may enact a special assessment will be based on your own governing documents (typically the CC&Rs or Bylaws) and/or your State laws.

Hope this helps,

Tim

DebbieA1 (Colorado)
Posts: 6
Posted:
This complex was built in 1982. We have 21 units. Amenities? None to speak of. What they call a "clubhouse" is a little room about 20 X 20 with a couple of tables and chairs. There's no kitchen in there, or anything.

One thing I find very odd is that she used to work a job outside the home and I remember her mentioning about the roof needing fixed and that she had "just enough to fix it", then a few weeks later, she tells me that she's doing bookkeeping at home and I don't see her leaving for work anymore like I used to. I just wondered if she lost her job and is dipping into the HOA money.

Quote:
Posted By GlenL on 08/03/2012 2:52 AM
Debbie you are entitled to the records however if you want copies the HOA may charge you for them, cost not to exceed the actual cost of the copies. Section 38-33.3-317. Association records of the Colorado CCIOA. To see the entire section go to: http://www.hindmansanchez.com/sites/default/files/resources/CCIOA%20-%204-12.pdf

If she continues to ignore you you may have to take her to court to get the requested documents. This does not mean she is mean or evil or cheating, sometimes people become so entrenched in their own little fiefdoms that that take any question of their actions as a personal attack.

Not all HOA's use Management Companies, some are self managed, meaning they do everything in house.

$175.00 doesn't sound outrageous but you need to compare apples to apples, meaning you need to compare with another HOA with the approx same number and size of units with the same amenities. Also you need to factor the age of the complex and reserves if any which it doesn't sound like you have if they are considering a SA for the roof.

CarolR11 (Colorado)
Posts: 2,563
Posted:
Debbie, doesn't your HOA have a Board of Directors? Or is it possibly only the president? What size is your HOA? Attached homes, or?
CharlesB5 (Colorado)
Posts: 11
Posted:
Debbie,
As another HOA-management professional already pointed out, Colorado law specifically provides that you, as an owner, are entitled to review your Association's financial information, and it may not be withheld from you. It should not be a thorny process to get that info-- a simple request usually is all that is required, but sometimes owners need to submit a written request. Sounds as if you already have done so. The board of directors should make the Association's records available to you within a reasonable time.

Concerning the $$ amount of assessments... It absolutely is not possible to compare one building (or complex) to another and simply assume that the assessment on the one should be roughly comparable to the other, not even if the two properties have the same number of units (or nearly so). For instance, if your project was constructed in the '80s, then the project definitely has reached the point of requiring maintenance on a regular, ongoing basis, some of which is going to be rather expensive maintenance. It may even be necessary to completely replace siding, window casings, window wells, concrete, roofs, and other elements, rather than merely maintaining those elements by conducting a succession of patchwork repairs. Moreover, if you are comparing your older project to another, more recently constructed project, it is very likely that the newer project was constructed using modern materials which are more durable and may require less maintenance than similar elements of your own project.

Something else to consider is that developers are notorious for starting projects at artificially low rates of assessment, after which it takes a long time to bring those assessments into line with the reality of long-range maintenance programs ("long range" meaning establishing and making regular contributions to a Reserves account). In the case of your own project, it is very likely that the original developer set low assessments in the beginning, and now the owners are having to bear the burden of catching up with contemporary maintenance costs of aging facilities.

Bottom line here: Do not compare the amount of your association's assessment with the assessment of another project. The circumstances from one project to another are altogether different, and there is no way to do an apples-to-apples comparison.

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