The much-anticipated update at the Annual Homeowner’s Meeting about the September 22, 2022 “Dog Incident” which has resulted in up to $5000 of legal expenses thus far (the POHOA Board refuses to respond to inquiries about how that money was allocated on various legal topics) was anti-climatic. Basically, the HOA General Counsel has advised the Board not to give any update. That’s the update.
When I was on the Board in October of 2022, one of the issues I raised was the cost-benefit analysis of pursuing removal of a dog legally. I raised the issue again in January of 2023 (again, while serving), when I had obtained an estimate from Altitude Law and other HOA law firms. They all said that they would first have to review our documents (and update them for HB22-1137 compliance) and the underlying situation, which generally estimated an expense of $3-5k. If they had to file in court, $10k.
This presumed, however, that the homeowners would capitulate and eventually agree or settle. If they didn’t, and in the worst case scenario, the issue went to trial, it could be $100k or more.
One of the proponents of the removal action was Jack Irving, a homeowner who got involved directly in the incident. I had the opportunity in January of 2023 to ask him directly how much of our money he was willing to have spent. $5000? Definitely. $10,000? A hesitant yes. $100,000? A furrowed brow and no response.
My understanding of the situation is based upon observation. I believe the homeowners involved have a hired attorney because they did at the Larimer County court case, which was summarily dismissed without debate or fanfare. Literally in 5 minutes.
The budget for 2024 on legal is set once again at $5000. However, the Board has pointed out at the November 14, 2023 Regular Board Meeting that if they go beyond the budget, they are not “overspending”, they are free to place blame on the expense being forced upon them. In other words, the budget is not a boundary.
With the 2024 Budget now having a planned $9500 slush fund which *might* go to reserves if they don’t overspend/get forced into spending too much on this ongoing legal battle, it is plainly obvious that a even a settlement will be a long drawn-out affair. And, meanwhile, the subject dog remains in the home, there hasn’t been another incident, and there is zero coverage for this expense by our HOA insurance.
It is no surprise that the Board literally has not had an update in over a year. The question is whether we will ever know the details or the truth. I seriously doubt it, and it is one more thing to be flushed down the Memory Hole.