JackS1 (Colorado)
Posts: 45
Posts: 45
Posted:
From the Colorado Common Interest Ownership Act
Colorado revised statutes 38-33.3-124. Legislative declaration - alternative dispute resolution encouraged - policy statement required. (b) On or before January 1, 2007, each association shall adopt a written policy setting forth its procedure for addressing disputes arising between the association and unit owners. The association shall make a copy of this policy available to unit owners upon request.
I have requested a copy of our alternative dispute resolution policy statement on two occasions to no avail.
Both were by email to all of the board members. I know that they were received by their response. They will not even tell me if we have a policy of this sort. They have crossed over the legal line and are now in violation of the CCIOA in several ways.
Is this a classic catch 22?
I have several issues with our uninsured board. I want to keep things out of court.
They have created a situation where going to court seems to be the only viable option to get compliance to the CCIOA mandated alternative dispute resolution policy to keep out of court.
Taking this into the legal system will cost everyone in the HOA one way or another. Funds are already being diverted for other legal problems. In the end it our extensive dirt and gravel roads that will suffer. They require near constant maintance now and are the largest part of our budget.
This board routinely ignores the law and will not compromise or acknowledge any mistakes. The legal fees the former insurance company paid out were substantial. They will not renew and no other companies will write a policy for the HOA.
I suspect a request by certified mail should be next. It should not be necessary, yet their non-compliance seems to make it that way.
I have lost respect for the members of this manipulative, dishonest, and opaque BOD. My personal experiences make me think that A certified letter is just as likely to be ignored as my other requests for information. Would it be useful to send copies of this request to some of the various government offices? Which ones would be appropriate?. Is there a legitimate way to give this request some teeth?
I am open to any suggestions on resolving this matter.
Jack
Colorado revised statutes 38-33.3-124. Legislative declaration - alternative dispute resolution encouraged - policy statement required. (b) On or before January 1, 2007, each association shall adopt a written policy setting forth its procedure for addressing disputes arising between the association and unit owners. The association shall make a copy of this policy available to unit owners upon request.
I have requested a copy of our alternative dispute resolution policy statement on two occasions to no avail.
Both were by email to all of the board members. I know that they were received by their response. They will not even tell me if we have a policy of this sort. They have crossed over the legal line and are now in violation of the CCIOA in several ways.
Is this a classic catch 22?
I have several issues with our uninsured board. I want to keep things out of court.
They have created a situation where going to court seems to be the only viable option to get compliance to the CCIOA mandated alternative dispute resolution policy to keep out of court.
Taking this into the legal system will cost everyone in the HOA one way or another. Funds are already being diverted for other legal problems. In the end it our extensive dirt and gravel roads that will suffer. They require near constant maintance now and are the largest part of our budget.
This board routinely ignores the law and will not compromise or acknowledge any mistakes. The legal fees the former insurance company paid out were substantial. They will not renew and no other companies will write a policy for the HOA.
I suspect a request by certified mail should be next. It should not be necessary, yet their non-compliance seems to make it that way.
I have lost respect for the members of this manipulative, dishonest, and opaque BOD. My personal experiences make me think that A certified letter is just as likely to be ignored as my other requests for information. Would it be useful to send copies of this request to some of the various government offices? Which ones would be appropriate?. Is there a legitimate way to give this request some teeth?
I am open to any suggestions on resolving this matter.
Jack