Report of a Violation 5/15/19

On May 15, 2019, A notice was given to the Poudre Overlook HOA Board to report a violation of statutes and governing documents. The expectation was that the Policy for Enforcement would be followed, and an impartial fact-finding effort would ensue. Once the facts were verified supporting this report, it was expected that the board would take action.

Unfortunately, this, instead, triggered a reaction by some members of the Board who wished that this issue be ignored and forgotten.

This is the email header sent to Buck Hammond, who was Treasurer at the time. It was copied to Pete Dauster, the HOA Attorney.

Exhibit 1 goes through all of the instances where the Poudre Overlook Board did not follow our governing documents or statutes in the process of “enforcement” of various rules, guidelines, or CCRs by the ACC and CCR Committees.

Exhibit 2 examines the case of how the ACC Committee went about enforcing a guideline regarding fence heights with an Owner prior to notice to the Board of Directors, only informing the Board after action had already been taken.

Exhibit 3 examines the case of how the ACC Committee went about enforcing a guideline regarding roof shingles. It was not known at the time of this report that two board members had gone to the HOA Attorney, Pete Dauster, and fraudulently represented their own opinions as those of the attorney.

Attempts to get the Board to respond in writing to this report is the subject matter that led to a conflict within the Board. Because Andrew Mowery pursued this claim persistently, two Board members cited the conflict over whether or not to respond as the reason for their resignations.