November 7, 2022
At 8:07pm this evening, Director Ballweber quietly posted the Agenda for the Special Board Meeting (curiously branded as a “rescheduled Meeting” to circumvent self-imposed restrictions on approval of Meeting Minutes) to be held for the first time in nearly 3 years at a private residence – at NOON on Election Day.
Poudre Overlook HOA has witnessed a significant number of instances of non-transparency and abuse of power. But, this one might just set the bar lower than ever before.
This meeting appears to be an attempt to install a Director without any information about who or how many persons are being installed. Then, the Agenda for the Annual Homeowners Meeting will likely be revealed. And, finally, the 2023 Budget will be “adopted”.
Note that after all these actions are taken, ALL homeowners get a total of 10 minutes to comment.
Considering the manner in which the Director seat was opened, which one homeowner at the 10/20 meeting openly described as a “kangaroo court”, combined with the fact that the Annual Meeting is likely just a month away, installing a Director at this time is likely for some hidden purpose. There is no obvious need at this time, so it must function to assist Director Ballweber and the person who directs her (Mr. Flanary) politically. This does not look or smell like a normal democracy, but some weak excuse will likely be floated to explain the move.
Director Ballweber has not yet responded to calls to allow Homeowner input and control of the Agenda as discussed in this article. By installing a new Director just before this agenda item, it is likely we will see Director Ballweber be in a position to outflank Director Clay Jones, if he opposes her on any vote. It’s the only imaginable reason to install a Director at this juncture.
At this point in the meeting, with an agenda set by Director Ballweber and her hand-picked partner to control the Board, the Budget Ratification process will then begin. Recall that we have many issues described in this article, which includes a $29k loss in 2021, and literally no monthly financial reports since May of 2022. We are flying blind as homeowners, even if we had a say in what they are doing at this meeting.
According to Altitude Law’s article: SPECIAL ASSESSMENTS AND THE BUDGET RATIFICATION PROCESS, the Board is free to approve a budget without homeowner approval.
Budget Ratification Meeting
- Quorum is not required—anyone (or no one) who shows up at the meeting is sufficient to hold the meeting
- Owner approval is not required (unless declaration requires approval) at the meeting
- Budget is deemed approved absent a veto from a majority of all owners (or larger amount if specified in the declaration)
Yes, what is being done here might be technically compliant with CCIOA (laws governing HOAs), but that is part of the problem at POHOA all along – finding a way to avoid crossing a legal line without honoring the underlying purpose of these laws. This is precisely why C&C v. Hummel, case law from April of 2022, that frowns upon the practice of trying to circumvent purposes with technical compliance.
Having a meeting on not just a Tuesday at NOON, but also Election Day, is such a blatant and obvious attempt to ensure that those who may oppose, contest, or even just have questions about these actions, are not able to be present for a variety of reasons. Limiting all homeowner comments on such major decisions to collectively 10 minutes is equally blatant.
And, we have yet to see whether Zoom Access is blocked or “unplugged”, as Director Ballweber did on 10/20. This also the first Board Meeting to be held at a private residence, which gives unfair powers to the homeowner, reminiscent of the 6/13/19 Board Meeting where Former President Walker Flanary tried to use the power to have people arrested for trespassing if they did not turn over their private property to him (including cell phones and purses).
What is clear is that these decisions are likely already made in advance by Director Ballweber – likely at Mr. Flanary’s direction. Whether Mr. Flanary is the party taking the open seat, so he could be held actually accountable for his decisions when they cross lines, is to be seen. While homeowners may get a chance to voice concerns or opposition, what is clear is that this Board is only giving a token amount of time to meet CCIOA and Open Meeting Law requirements . . . technically.
POHOA appears to be entering a sad, disgraceful, and embarrassing authoritarian era. Whether homeowners stop or reverse any of these actions is yet to be seen, but this Board seems to believe that they have the votes and therefore the support. Very few homeowners seem willing (or able) to show up at meetings with short notice and at inconvenient times to speak out against such actions. That said, I’ve always felt that this community rallies when necessary – if they are fully informed.