StanH4 (Colorado)
Posts: 3
Posts: 3
Posted:
I have posted a series of ariticles/blogs on www.dysfunctionalhoa.com based on my experiences living in age restricted HOA's over the past 10 years. These articles are also on http://denver.yourhub.com/User.aspx?UserID=85311 (this is the Denver Post blog web site). The articles take on a full range of HOA problems. There is one article that gets a lot of attention concerning how to fight a Board successfully which is different in an age restricted community from other HOA's. A copy of that article is posted below but several others on the web site address this issue.
Now that you laid the foundation to challenge your oblivious Board of Directors (and enabling voting residents), the following will solidify your efforts and increase your chances of winning and ensuring that your issue(s) are factually known to the community and put your Board on notice that their dysfunctional behavior will not be tolerated: Create a blog, your on-line publication of the problem: Your local newspaper will most likely provide this easy to use service free. The blog will be read. Be sure to use the words/letters HOA, Board of Directors, or the name of your community in the title of each entry. A blog related to your local newspaper is most effective. If you are in the Denver, CO, metro area, use a blog similar to this one available at www.yourhub.com. Stick to the facts and keep it non personal. A blog is simply sounding off. Don't be shy of doing this, you were pushed into this by the Board and your fellow enabling residents. Regardless of the outcome of your efforts, continue to post current issues of your community in this blog. Write your local newspaper. Letters to the editor on a general sound off are effective. HOA issues and dissatisfied homeowners are not a rare breed but a growing number and newspapers want to appeal to readers. Have your facts in order and state them. Mention the HOA by name if you like but keep the comments non-personal, speak to the issues and workings of the Board. State your problem and discuss how you presented the issues and their response. Quote your by-laws and how they are ignored by the Board and your planned actions. Remember, you are talking to others who feel like you do. If you are in the Denver, CO, metro area there are plenty of local papers and you can get published. Run for the Board. Your possibilities of winning may be between slim and none your first or second time around, but you will win converts. It cost nothing to run for the Board. The other indirect but effective benefit of your candidacy will be that in posting your resume as a candidate you will post the issues that you advocate and which the current Board refuses to address. You educate residents with an open mind and hopefully awaken a Board member or two into action/communication. Remember, those who don't like you because you are trying to help the community will continue to dislike you but you will win converts and over time have an impact. Continue to be an activist. You don't have to be on the Board to promote and accomplish productive changes and air the issues of the community. Get others involved. Remember first and foremost, you are not the problem. If the personality of the community is riddled with gossip, hate of residents who ask questions, and with residents who enable a Board with their re-election you must use the system for change and you can and will win some, lose others. Small Claims Court: This is a method of last resort but becoming a more popular means of problem resolution. This legal tool available to citizens at a low cost and is an easy and non-time consuming process. Don't be afraid to use the Courts. Your HOA lawyer, who represents the Board not you, may attempt to scare you away from this process but don't be afraid of their claims of suing you or somehow you will get in trouble for suing them. You will not be counter sued if you are presenting facts, stick to the truth, not personalizing the complaint, or not participating in slander or libel. If you followed the above processes and procedures, you now are in good position to pursue the issue in the Courts. The Courts should look favorably upon your case if you are factually correct, can accurately quote by laws or other guidelines, you attempted out of court mediation, you might even show the Court that the lawyer is part of the problem as mentioned above, and, again, keep it non-personal. Yes, you can win and others have won. Small Claims Court Part 2: If you don't win your case on your first round with Small Claims Court, you did gain invaluable experience. You may think about having the case filed again and improve your presentation. This is your right. Use the information the judge provided to deny your claim to improve your case.
Now that you laid the foundation to challenge your oblivious Board of Directors (and enabling voting residents), the following will solidify your efforts and increase your chances of winning and ensuring that your issue(s) are factually known to the community and put your Board on notice that their dysfunctional behavior will not be tolerated: Create a blog, your on-line publication of the problem: Your local newspaper will most likely provide this easy to use service free. The blog will be read. Be sure to use the words/letters HOA, Board of Directors, or the name of your community in the title of each entry. A blog related to your local newspaper is most effective. If you are in the Denver, CO, metro area, use a blog similar to this one available at www.yourhub.com. Stick to the facts and keep it non personal. A blog is simply sounding off. Don't be shy of doing this, you were pushed into this by the Board and your fellow enabling residents. Regardless of the outcome of your efforts, continue to post current issues of your community in this blog. Write your local newspaper. Letters to the editor on a general sound off are effective. HOA issues and dissatisfied homeowners are not a rare breed but a growing number and newspapers want to appeal to readers. Have your facts in order and state them. Mention the HOA by name if you like but keep the comments non-personal, speak to the issues and workings of the Board. State your problem and discuss how you presented the issues and their response. Quote your by-laws and how they are ignored by the Board and your planned actions. Remember, you are talking to others who feel like you do. If you are in the Denver, CO, metro area there are plenty of local papers and you can get published. Run for the Board. Your possibilities of winning may be between slim and none your first or second time around, but you will win converts. It cost nothing to run for the Board. The other indirect but effective benefit of your candidacy will be that in posting your resume as a candidate you will post the issues that you advocate and which the current Board refuses to address. You educate residents with an open mind and hopefully awaken a Board member or two into action/communication. Remember, those who don't like you because you are trying to help the community will continue to dislike you but you will win converts and over time have an impact. Continue to be an activist. You don't have to be on the Board to promote and accomplish productive changes and air the issues of the community. Get others involved. Remember first and foremost, you are not the problem. If the personality of the community is riddled with gossip, hate of residents who ask questions, and with residents who enable a Board with their re-election you must use the system for change and you can and will win some, lose others. Small Claims Court: This is a method of last resort but becoming a more popular means of problem resolution. This legal tool available to citizens at a low cost and is an easy and non-time consuming process. Don't be afraid to use the Courts. Your HOA lawyer, who represents the Board not you, may attempt to scare you away from this process but don't be afraid of their claims of suing you or somehow you will get in trouble for suing them. You will not be counter sued if you are presenting facts, stick to the truth, not personalizing the complaint, or not participating in slander or libel. If you followed the above processes and procedures, you now are in good position to pursue the issue in the Courts. The Courts should look favorably upon your case if you are factually correct, can accurately quote by laws or other guidelines, you attempted out of court mediation, you might even show the Court that the lawyer is part of the problem as mentioned above, and, again, keep it non-personal. Yes, you can win and others have won. Small Claims Court Part 2: If you don't win your case on your first round with Small Claims Court, you did gain invaluable experience. You may think about having the case filed again and improve your presentation. This is your right. Use the information the judge provided to deny your claim to improve your case.