To the Board of Directors of the Poudre Overlook HOA,
This written comment is submitted in response to the proposed 2025 Collection Policy. As a homeowner, I acknowledge the Board’s efforts to comply with evolving state law; however, several issues remain that must be addressed to ensure strict compliance with Colorado House Bill 25-1043 (HB25-1043) and existing HOA governance statutes.
1. Refusal to Use Email Violates State Law
HB25-1043 and HB22-1137 require HOAs to collect and use electronic communication methods—such as email or text—when available. It further empowers homeowners to designate their preferred method.
Despite this, the Board has publicly stated that email will not be used for communications with homeowners, which directly conflicts with:
- C.R.S. § 38-33.3-209.5(5)(a)(II), requiring delivery of delinquency notices via certified mail and another method like email or text;
- C.R.S. § 38-33.3-209.6(1)(b), mandating the HOA to accommodate designated communication preferences.
By refusing to maintain or use email as a communication method—even when owners request it—the policy is non-compliant and legally vulnerable.
2. Lack of Explicit Detail on Monthly Statements
While the policy references monthly itemized statements, it does not specify:
- That they must be delivered automatically;
- That they must be sent via preferred contact methods (e.g., email).
This omission may lead to inconsistent implementation and violates the intent of HB25-1043’s transparency requirements.
3. Repayment Plan Language Needs Strengthening
The policy references an 18-month repayment plan but should:
- Explicitly state that foreclosure may not proceed unless a plan is offered and either rejected or defaulted;
- Clarify that at least six months of unpaid assessments must exist before initiating foreclosure, in accordance with C.R.S. § 38-33.3-316.3.
4. HUD and State Housing Resource Disclosure
The policy omits mention of required federal and state housing counseling resources. These must be included in everydelinquency notice per law.
5. Good Governance and Tone
Recent exchanges between the Board and homeowners have demonstrated a pattern of dismissiveness, non-responsiveness, and discouragement of lawful inquiry. Policy compliance is not just about legal precision—it is about trust. Clear, accessible communication is not optional; it is required.
Requested Action:
- Revise the policy to incorporate homeowner communication preferences and electronic delivery methods.
- Add specific statutory citations to reinforce strict compliance.
- Provide sample delinquency notices with HUD and state resource links.
- Confirm receipt of this comment and include it in the public record of the July 9 meeting.
Respectfully submitted,
Andrew Mowery