CO-Illegal Foreclosure done between BOD & PMC

Started by KayO2 • 15 replies • 2357 views

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KayO2 (Colorado)
Posts: 22

Posted:

The BOD& PMC- who for the past year has been doing everything illegal per our governing documents. They were trying to foreclose on an owner and the collection firm & HOA atty told them they could not do it. So the PMC got an atty, (Not a HOA atty)to do the foreclosure that has NOTHING to do with HOA fees, and between the PMC,BOD and atty they have voted to do this foreclosure that is against the 2014 collection guidelines.

This owner is out of work, and can not get an atty at this time. Should a complaint be filed with the Attorney General as they are doing investigations & have already charged 2 HOA Foreclosure attys and also to DORA.

GlenL (Ohio)
Posts: 5,491

Posted:

Tell the homeowner to talk to Legal Aid. You can file a complaint with the AG but chances are they will tell you it is a civil matter.

The bigger question is: Why are these scofflaws still in power? Why haven't your fellow homeowners replaced them, instead of allowing them to carry on their illegal (your words) practices? As someone one said: All that is necessary for the triumph of evil is that good men do nothing.

Studies show that 5 out of 4 people have problems with fractions

JonD1
Posts: 2,350

Posted:

Kay I would be interested to know what your role in this is?

On what grounds is the foreclosure being filed?

Has this matter gone to court?

I would think at some point a court would review the actions of the board and determine if in fact they had grounds for their action.

Why would this board be inclined to pursue what you have determined to be an illegal effort to foreclose?

And just how and where are you getting your information as this should have been confidential .

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Need more details. A HOA lawyer means 2 different things. A lawyer that SPECIALIZES in HOA law or one who represents the ENTIRE HOA membership. So when you say hiring a HOA lawyer is in what context?

A foreclosure is based on unpaid dues. Is there something else going on? The HOA is the one who files the foreclosure. The owner being foreclosed on does not need a lawyer neccessarily. They can respond to the paperwork. A foreclosure stops as soon as the money owed is collected. So why are they not trying to get the money to pay up? Pay up then if illegal, then sue back for damages.

Former HOA President

RichardP13 (California)
Posts: 1,767

Posted:

Quote:

Posted By MelissaP1 on 08/03/2014 9:11 PM
Need more details. A HOA lawyer means 2 different things. A lawyer that SPECIALIZES in HOA law or one who represents the ENTIRE HOA membership. So when you say hiring a HOA lawyer is in what context?

A foreclosure is based on unpaid dues. Is there something else going on? The HOA is the one who files the foreclosure. The owner being foreclosed on does not need a lawyer neccessarily. They can respond to the paperwork. A foreclosure stops as soon as the money owed is collected. So why are they not trying to get the money to pay up? Pay up then if illegal, then sue back for damages.

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TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KayO2 on 08/03/2014 7:10 PM

The BOD& PMC- who for the past year has been doing everything illegal per our governing documents.

Governing documents are not laws.
Governing documents are basically a contract between every home owner within a development.
Being non-compliant with governing documents does not equate to being illegal. It's simply a contract dispute.

As Larry pointed out, not complying with governing documents is a civil matter. Civil matters are resolved between the parties involved or through the courts. The police and/or attorney general would only become involved if laws were broken and, to be more specific, it would need to be criminal laws (vs. the civil laws).

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MelissaP1 on 08/03/2014 9:11 PM

A foreclosure is based on unpaid dues.

Depends on State laws.

Depending on the State, a foreclosure could be based on fines.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By TimB4 on 08/03/2014 10:05 PM

Posted By MelissaP1 on 08/03/2014 9:11 PM

A foreclosure is based on unpaid dues.

Depends on State laws.

Depending on the State, a foreclosure could be based on fines.

Colorado is one of the states that adopted the UCIOA which does allow liens (and foreclosures) for fines. I haven't read the CO law, but if it is similar to CT law (also based on the UCIOA), then it is entirely possible.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By KayO2 on 08/03/2014 7:10 PM
The BOD& PMC- who for the past year has been doing everything illegal per our governing documents. They were trying to foreclose on an owner and the collection firm & HOA atty told them they could not do it. So the PMC got an atty, (Not a HOA atty)to do the foreclosure that has NOTHING to do with HOA fees, and between the PMC,BOD and atty they have voted to do this foreclosure that is against the 2014 collection guidelines.

This owner is out of work, and can not get an atty at this time. Should a complaint be filed with the Attorney General as they are doing investigations & have already charged 2 HOA Foreclosure attys and also to DORA.

Kay,
Are you absolutely sure the BOD and the PMC have violated your governing documents or other controlling documents such as the CCIOA? Your comment about the 2014 collection guidelines suggests that you are familiar with the new CCIOA statute concerning Delinquent Accounts. Have you discussed this with the current Board? If so, and they are knowingly in violation then I would start the process of replacing those Board members before the HOA incurs significant legal expenses. You can also discuss this with a DORA representative.

KayO2 (Colorado)
Posts: 22

Posted:

Hi Roger,

I was hoping that you would get on this string. I respect you and have followed you for years being in the HOA industry, not only as an owner, but an employee of 3 past companies here in CO as PM and Assistant.

Yes, I was the past BOD President in this HOA for 13 years then the corruption took over.. Roger I know of you from the past 3 management companies I have worked with and being a member of CAI. I am very familiar with CCIOA, as we are an HOA of CCIOA, an association that was formed prior to July 1, 1992 (pre-CCIOA) and ALL the problems the last few years with the transparency with the BODS & PMC.

I have already been in correspondence with Gary @ DORA & John the Colorado Attorneys General Office on the illegal foreclosures that he has already filed charges against Foreclosure attys here in CO..

Roger is there any way we can correspond under personal emails. I have more to tell you, but trying to keep this under my hat till hopefully Adams County will grant our injunction against the BOD & PMC.

Thank you

KayO2 (Colorado)
Posts: 22

Posted:

Because this is me that it has happened to!

KayO2 (Colorado)
Posts: 22

Posted:

Former HOA President

No its an atty that does HOA law.

The foreclosure has nothing to do with dues. The HOA(association atty) told the BOD they were wrong!

JohnB26 (South Carolina)
Posts: 1,001

Posted:

The HOA(association atty) told the BOD they were wrong!

Then, if the BOD proceeds, each director who voted 'yes' and proceeds further would be committing MALFEASANCE and subject to personal liability in a court case.

The D&O insurance will NOT cover malfeasance.

Not sure of CO corp. law, but probably would NOT be 'indemnified' by the HOA for acts of malfeasance.

There is ALWAYS the (paraphrased) term: Up to and or according to the limits of the law.

RogerB (Colorado)
Posts: 5,067

Posted:

KayO, phone: 303 925-0150 email: [email protected]. To anyone else, please do not contact me. I only provide personal contact when I post such a free offer.

GenoS (Florida)
Posts: 4,276

Posted:

Roger, you are kind in offering to help Kay. I would strongly suggest, however, that you contact the hoatalk board administrator and ask to have that post with your phone number deleted. This goes way beyond any HOA topic and is a matter of general internet safety and security. You do NOT want to post your phone number in public. Not ever.

Best wishes to Kay and I hope she finds justice.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Geno makes a good point.

I have my regular email but I also have a second one that I call a "throw-away" account. If I were to post an email address on a site such as this, I would use the throw-away account. That way if someone starts spamming or harassing me via email I can close down the throw-away account without having an impact on my regular account. You can get a free email account from Gmail, Yahoo, and many other providers.

If you do post an email address I recommend posting something along the lines of "my dot address at g m a i l dot com." Spammers use software known as "bots" to search the internet for email addresses and I think the "@" symbol is what they look for first, but they may also mine anything with the words "Gmail" or "MSN" and other well-known email providers.

Posting phone numbers is usually an invitation to disaster. I once listed a vehicle for sale on eBay and included my phone number. Bad idea. I was hounded for months afterwards by a couple of websites offering to list my vehicle at some very high prices. But if you have no choice but to give out a phone number, I would suggest doing so in the following format: (One Two Three) Four Five Six - Seven Eight Nine Zero.

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