I beat the HOA and the law firm for the 5th and final time!

Cool story, bro.

For those who might not be aware, TroyS5 is the same individual known as TroyS2.

A post from 2016 shows Troys issue:

Subject: HOA Board + Management Co. wantonly violate Bylaws, CC&Rs and State Law

It should also be noted that Troy has chosen to sell and move prior to this "win".

Sheesh-- isn't one self-congratulatory, mean-spirited narcissist in our faces almost daily enough?

My selling prior to the winning is immaterial to that win.

I had legal standing across the board since at the time of the filing of the civil suit, I was then, before and after up to selling an active homeowner in the association.

Had my mother not passed away and left my sister and I the family home (which my sister did not want to move into, my wife and I did since it is mortgage free), I would still be living in that HOA and still kicking their collective asses.

I see the banal juvenile ad hominem arguments have not changed since my last posting in this so-called "talk" forum.

Joining the board would not have solved anything, it would have been a fruitless venture as other board members found out, quit and walked across the street to my house asking for help in dealing with the board's illicit activities. I served the HOA better by being on the outside, not the inside where any attempts to change would have been ineffective (as previous board members found out).

How is my intro "childish" when it is a clear statement of fact.

You clearly didn't read what I had to say, as there was nothing to get even about. It was about proving a point, that just because you're on the Board of Directors doesn't mean you get to run things as you see fit. Homeowners still have rights and they cannot be circumvented, which is what my Board tried to do every month of every year.

Basically what you are saying is it is weird and childish to want to be an active homeowner in defending said homeowner's rights, and collectively the rest of the homeowners rights, against a tyrannical board of directors. Now that is truly weird, and your response to me here, truly childish.

Thank you two...so far the only sane and rational minds here.

I'm shocked!

Sometimes you have to stand up for your rights. In my last HOA we had to sue two Developers (original developer and new developer) because the CCR’s were changed and filed behind our backs without our required vote. And before anyone tries to state the developer owned majority of lots and could do as they wanted ... sorry in CO that is not correct. In CO a developer can only change items which they have “reserved” the right to change and fully disclosed to consumers and secured creditors.

Thank you!

But apparently according to the majority who replied herein thus far, standing up for one's (and other homeowners) rights is weird, childish, aggressive, narcissistic, and mean.

What did you win?

So homeowners standing up for themselves against an out of control board makes them the problem children? Spoken like a true inept and defensive board member. 🤦‍♂️

While Troy was right it reminds me of a story. I lost a job one time maintaining I was right but I was told yes you were right but you were dead right and your fired.

I do not think they will be inviting Troy to any HOA functions.

Ah, more ignorant juvenile ad hominem name-calling fallacies. Speaks volumes about you.

See the fact is, as in any HOA across the country, homeowners are by nature complacent and/or apathetic. That was the problem in my HOA. I spent hundreds of dollars of my own money, and my time, writing letters, sending emails, creating a blog and facebook page to inform everyone. No one cared. No one but a about a dozen, and one former board member who was kind enough to hand me $100 out of his wallet towards my thousand+ attorney bill.

You have no basis in fact to make such asinine assertions about me and what I have accomplished in setting straight my HOA Board of Directors, Management Company and Law Firm that WAS on retainer.

Your comment here is obvious, you're just like one of those arrogant inept board members that thinks he knows more than all the homeowners and scoffs at any homeowner that dares question the likes of you. HA! I eat people like you for lunch and spit you out to go for seconds.

Thank you; and no, they never did and clearly never would if I was still living there. In fact, they spoke my name at meetings with scorn. Which is okay, it just tells me that I was doing something right when they could not get their way.

The fact one cannot edit comments sucks.

I can type a perfect reply but when I hit enter, the auto correct changes so many words it is beyond irritating.

-- To me the good news is that Troy no longer lives in that HOA. I too would want out of his HOA.

-- I expect Troy's "victory" is pyrrhic. For the most part, it seems to have cost much labor, time and emotion with an inadequate return on investment.

-- I expect a new board will take over. It will be as amateur as any nationwide. Troy's lawsuits may have made a difference for the longer term.

-- Of course Timb4's and others' board service is largely for nothing in the long run. The counsel from this? Never expect any gratitude or respect for serving on a board.

-- At least in the short run, things like infrastructure problems can be fixed.

*face palm*

One can present a legal challenge without having to go to court and get a judgment.

First attorney representing the HOA I beat reading the reserve account. One had been established in 1999 but it was closed without the required 75% homeowner vote, and mainly due to internal theft of funds. A theft kept secret from the homeowners until it was discovered by me and reported to other homeowners. I challenged them on this and went back and forth with the attorney until I submitted a letter from a homeowner who was also an attorney who provided a free courtesy to the board to respond to my inquiry. In it he admitted the board in 1999 voted on in. That letter was used to rebut the attorney's assertion under statute that our HOA was not subject to it. He lost. He quietly advised the board to reinstitute one, and they did. First legal challenge won.

First two attorneys representing the HOA on the same issue (2006 and 2008, respectively) that I beat was without having to go to court because they knew I was right and they were wrong regarding a deficiency in planted street trees. I did not have any and I was not going to put any in. It was the developers responsibility under the development contract with the city, not the homeowners, and the HOA knew it and admitted it in a newsletter. They even went to the city to get the developer to come back after the fact, but the city negated that fact by giving the occupancy permits prior to all required landscaping to be done. So the HOA went back to the homeowners and tried to force 98 out of 198 homes, under duress of legal challenge, liens and foreclosure, to plant the trees at the homeowners expense. I refused and went toe to toe with both attorneys and prevailed in both cases. The matter was quietly dropped and the board never sent me another letter regarding the matter. Second and third legal challenges won.

Fourth legal challenge was a reserve study. Went toe to toe with the fourth attorney from the same firm on this matter. They tried to use statutes that they claimed exempted our HOA from a reserve study. In the end, proved him wrong and he quietly advised the board to start doing them. They did.

And then this final legal challenge. The only reason why I had to hire an attorney is because the corrupt smart ass fifth attorney was just ignoring me. So to force communication, I had to hire an attorney to do that, and that's all he did as I already did all the work. It was a slam dunk case and he and I knew it, and so did the attorney representing the HOA. Conspiring with the president and VP, along with another stuck up homeowner who only came back to the board to spite me and my continued efforts to make the board do what it was suppose to do and not what they wanted to do, worked with this attorney to draft a resolution to significantly alter the CC&Rs regarding the common improvements of street trees on all lots to just one street, a practice the board had done since it began but was told from day one they were doing it wrong...they just didn't care. It was this illicit resolution that was the straw that broke the camels back. I wasn't going to stand by and let the board circumvent the required 75% vote to amend/alter the CC&Rs. In the end, after costing them thousands upon thousands of dollars, and firing that fifth attorney and turning the matter over to the insurance carrier who hired another firm for an expense flat fee... my point (the principle) on the matter was proven. It was not about money but proving the point I was right, again, and they were wrong. I won, again. No court, no judgment.

Now if this does not clear things up, I do not know how else I can better explain let alone dumb this down for you former or current board members commenting without even reading anything and making asinine judgments and ad hominem attacks against me.

Fact is, board members are not educated enough to read the governing documents let alone statutes to do things right. They just go by the seat of their pants and GED reading levels to figure out what must be done, and if they don't like it, they usually just do it their way...as was the way of my board of directors.

Completely disagree.

My service directly made it easier for a new board to get up and running. I'm talking about my binders for the Officers. When I was treasurer, I received boxes of items stuffed into envelopes. Now, everything is digitized, organized and we have gone from paper ledgers to spreadsheet ledgers. When I was President, I received a hardy handshake. Now there are copies of the governing documents, examples of agendas and an Association calendar showing what must be done when. Additionally, everything has been digitized on a flash drive. When I was Secretary, I received boxes of files completely unorganized. Now there are organized files, digital copies of everything, procedures for providing disclosure statements and examples of how to take minutes. When I was Maintenance Officer, i received two business cards and a handshake. Now there are copies of RFPs, contracts, step by step procedures for street light repairs, etc. All digitized and in paper. When I was part of the Architectural committee, the committee organized the files, identified all violations within the community, proposed and worked to amend architectural guidelines, established check lists for violations and hearings. When I was the website administrator, I was given a password and user name. Now all the available minutes, newsletters and governing documents are on the website. There is local school information (helping potential buyers) along with nearby County recreational facilities. Additionally, all of this, along with step by step procedures on how to make updates, are in a binder and on a flash drive. If the individuals don't want to utilize what I have done, so be it. It only makes it harder on them.

My service directly placed the Association on a much better financial footing. There had been no reserve studies done in the past. Although required by statute for several years, our first study was done in 2010 (three of us worked on it). We then lobbied the membership to properly fund it. Because I did the work of writing RFP's in the past, the Board authorized us to solicit bids even though we all liked our current contractor. This saved the Association 10K per year which allowed us to have the funds to start addressing storm water management issues (something that was bandaided over the previous 20+ years).

My service directly affected the protection of the membership by proposing, lobbying for and having adopted a grandfather clause in our governing documents. Keep in mind grandfathering is not automatic, it must be written into policies and governing docs.

What I have done will last a very long time.
Hopefully, it will be improved upon (which may or may not require a completely new methodology).

Those who have worked with me, know me and have all expressed gratitude.

It's common for those who are upset to complain.
It's not common for those who are happy to say thanks when they are not involved in the process.

Even though the majority of my current board and I are at odds, I still am willing to thank them for taking the time to volunteer and serve.

Troy, I meant that I would disdain your former HOA's board, too.

Another ignoramus speaking from where the sun doesn’t shine.

You and your ilk are the reason why HOAs suck!!!!

It is to you and your undereducation and sheer ignorance in the ability to read plain English and understand it that is YOUR problem.

Logical fallacies are all youand your ilk have.

Then just speak plainly and don’t beat around the bush to save face with the other trolls here you’re so familiar with.

I agree. Time to stop posting. Tory has had his moment in the sun and he does not even live in an HOA so by default, he should not be posting here.

C'mon people. I don't agree with being mean-spirited, but blame the stupid boards who create the problems, not the guy who takes them to court to get things corrected.

My community has one homeowner whom they blamed everything on for 24 years. He sued - a lot, and he won - a lot. He moved a few months ago and is still being blamed.