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TRUTH TO POWER: The Right To Complain Without Retaliation

In President Ballweber’s 1/2/23 Testimony to the HOA Homeowners Rights Task Force, she took considerable time to provide very specific detailed statistics about how often I have emailed the Poudre […]

DUMB & DUMBER: We Don’t Need No Education

When Poudre Overlook HOA’s (POHOA) President Ballweber testified on behalf of the entire Board at the HOA Homeowners Rights Task Force (transcript below), she made a reference to opposition of […]

WATER-WISE HOA: SB23-178 Requires Landscape Policy Updates

The Colorado Legislature has fully passed SB23-178 Water-wise Landscaping In Homeowners’ Association Communities. It was signed by the President of the Senate on Thursday 5/4, and the Speaker of the […]

POLICY UPDATE VOTE: HB22-1137 Compliance or Power Grab?

Finally. After nearly 10 months, Poudre Overlook HOA is on the cusp of coming into compliance with HB22-1137. The question is whether the update is just to move into compliance, […]

What are the Duties of Board of Directors Members?

For novices, which is a fair description of the entire board, regardless of prior service elsewhere, this sounded scary. Because, the follow-up question to this is – OK, what happens if we violate our fiduciary duty?

The vague answer: lawsuits. And, nobody wants lawsuits, right?

With such a loose framework, the haunting shadow of the Fiduciary Duty Boogieman meant that anyone who suggested something different was often confronted with the concept that inaction, or inconsistency in action, would result in some hypothetical owner in our community filing a lawsuit against the board, or individual board members for violating “fiduciary duty”. Therefore, Walker, and his ideological partner, Irve, would repeatedly browbeat their fellow boardmembers on this point. No one wanted to be the one who attracted a lawsuit. And, so we went along with their theory of “duty” for most of 2018.

2019 Colorado State Stakeholder Survey Results for Homeowner Associations

But, most of all, the survey demonstrated a significant percentage of homeowners who are having negative experiences. And, there are patterns to these experiences that match our own in Poudre Overlook HOA. Page 20 of this deck, however, validates some of the points we have been trying to execute in our HOA:

  • A need for follow the governing documents and apply them consistently and fairly
  • A need for an out-of-court binding dispute resolution process
  • A need for More homeowner Involvement and Participation
  • A need for Board Education and Training