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FORMAL COMPLAINT: Poudre Overlook Advocates (POA) False Statements, Aggressive Acts, and Defamatory Acts

To the Board,I am writing today after a review of the audio recording of the 12/11/19 Board Meeting to request an impartial review of facts as outlined in Section 4 of the […]

The Jaw-Dropping 12/11/19 Board Meeting Audio

https://www.dropbox.com/s/114xwsco9mtti6w/2019_12_11_board%20mtg.mp3?dl=0 On Wednesday, December 11, 2019, the Poudre Overlook HOA Board had their first meeting since the contentious Annual Meeting, in which the Niners (aka Poudre Overlook Advocates) lost for […]

Anonymous Irve (and his POA) Should Be Investigated and Expelled

Irve Denenberg has allegedly engaged in conduct that tends “to injure the good name of the organization, disturb its well-being, or hamper it in its work“. The remedy, per Robert’s Rules of Order is to create an impartial and independent committee to perform fact-finding for the Board, which will then use the Policy for Enforcement to determine whether action is necessary to prevent such behavior in the future, up to and including expulsion from the association.

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