UNAUTHORIZED TRUTH: POHOA Board Accuses This Blog Of Falsehoods

On May 7, the POHOA Board sent out a USPS Letter to all residents calling attention to this blog. If you are just finding it due to the letter, WELCOME!

The letter is an interesting response to the issues raised on this blog, some of which date back to 2019 (when it was first started). As per usual, there are broad, sweeping, defamatory allegations that are backed up with zero facts. In other words, the POHOA Board wishes to declare that something or even many things on this site are “false”, yet, provides not one example.

This appears to be a continuation of interactions with Mr. Irve Denenberg, Ms. Jennifer Hutchinson, and Ms. Linda Brucker, all of whom have publicly screamed “Lies!” at me at various times in the past 18 months. When any of them, including the Board, are asked to provide a single example, they never provide one. Mr. Denenberg cited one example which I wrote about on February 21, which appears to then be an issue of the Board sharing emails with those who are not on the Board, and Mr. Denenberg playing coy about the capabilities of phone cameras with zoom features.

But, most recently, behind the scenes, what seems to prompt this defamatory mailing is the fact that a recent document request whereby the POHOA Board attempted to prevent a review of how over $21,000 was spent with VF-Law in 2021-22 by producing copies of the invoices. I was following up on this article below, which should have been a clue about the existence of the documents in POHOA records:

COOKED BOOKS: How to Hide HOA Legal Expenses With Cash Accounting

The basis for this concern is found in numerous HOA legal websites, but a good concise example is found here:

https://www.hoaleader.com/public/7-Tips-to-Keep-HOA-Legal-Fees-in-Check.cfm

Create procedures to avoid double–dipping with a lawyer. “Take the issue of collections,” explains Drewes. “Some associations, by not having set protocol for how to handle them, end up spinning their wheels or asking the lawyer the same questions over and over again.“

A similar point: Read your governing documents! “If you know your rules and governing documents, you’re less likely to create the problem of running up a bill on every question that comes up,” says Brian F. Lozell, CPM, director of condominium management at Seneca Real Estate Advisors, a Chicago startup company that manages less than 100 units so far; at Lozell’s prior firm, he managed as many as 1,000 units.”

I used the formal Document Request process, and once again, the Board claimed it would cost $300 to produce the copies IF THEY EXISTED:

Unbeknownst to the Board, I already had all but one of the documents in hand, and knew that they were digital documents that were attached to emails sent to the original POHOA email address, poudreoverlookhoa@gmail.com. I had also seen the letter from Mr. Damien Bielli from VF-Law where he explained why he was hired, and why he quit.

“It is our understanding that the current Board will resign this month leaving open the
possibility that the protagonists of the voluminous requests and threats of litigation will be
elected to the Board. This would be a potential conflict for our firm.” – Damien Bielli, 5/12/22

I obtained them as a Board Member in May of 2022, and when I began asking questions about the expenditures in June of 2022, President Ballweber attempted to delete the entire Gmail account and eventually abandoned it in August of 2022. When the Board receives requests and ignores them, and then you follow up, then they are labeled “voluminous”. The term is then used as a perjorative, which subsequently justifies retaliation and attempts to backcharge costs to the homeowner that simply wants answers to questions, transparency, or accountability – when the homeowner is the sole means of enforcement of CCIOA.

How can a homeowner properly perform this duty without “voluminous” requests when Boards dig in their heels and come up with lame excuses as to why they can’t produce documents, or answer simple questions about how their money is spent, or respond to concerns that the Board isn’t following the law or governing documents?

But, addressing claims of falsehoods: Is that claim that President Ballweber tried to delete the gmail account false, for instance?

Sounds ridiculous that anyone would even attempt such a thing, which then makes the person reporting it sound like they went out of their way to paint a negative picture. But, the facts speak for themselves.

Well, I painstakingly documented the 6/15/22 meeting where it was her agenda item. She proposed that we simply go forward without any email at all. I documented the bizarre approach to digital communications the best I could in writing and video recordings. If you doubt the veracity of my claims, look at the direct evidence – then please judge me or the Board after reviewing the source material.

LINKS:
POHOA President/Secretary Ballweber Abandons Years of Gmail/Google Drive Documents
VIDEO OF 6/15/22 POHOA BOARD MEETING AT 49:00

Of course, its easier to tell people what I am saying is false when you ban recordings, but in 2022, there was no such ban. In fact, it’s the fact that the recordings keep catching this Board weaving a web of deception that they moved to ban recordings in March of 2023. A clear move towards avoiding transparency.

So, in an effort to HIDE the fact that the POHOA Board wasted tens of thousands of dollars on legal fees in 2021-22, and more importantly, gave false reports at meetings about what the money was being spent upon, the entire POHOA Board resigned on 5/25/22 in a coordinated effort with VF-Law, who also resigned about 2 weeks earlier. The POHOA Board attempted to mischaracterize why Mr. Bielli had to resign (we will save that letter for another day), but the facts are not on the side of the POHOA Board.

So, a reasonable question is why would I use a Document Request for documents I already possessed. It’s a reasonable question.

First, there is something that the most recent letter from the POHOA Board raises: Authenticity. One of the best ways to avoid accountability for clear proof is to claim that the proof is not authentic. So, I have already seen the POHOA Board claim what I am reporting is false, so to avoid publishing documents and claiming they are fabricated or doctored would require that the POHOA Board itself be the source.

Clearly, they are unwilling to do so.

When I informed them that I already had the copies, their reply validated my concerns:

But, they weren’t obtained in this manner. I simply gained legitimate access to the HOA Gmail account when Sara Young, the prior Secretary, sent out the password to the account after resigning. When I logged in, I searched for the answer to the question I had been asking before they resigned – and noted that nearly ALL of the emails from VF-Law had been deleted. We spent over $21k with them in less than a year, and there were literally no records . . . that I initially found.

So, I asked Sara how we spent so much, yet there was no record of the advice given. And, her reply was coupled with another admission – that she had downloaded the entire Gmail account, and distributed it to the other resigning Directors (Gloria Jones, Jennifer Hutchinson, Linda Brucker, and Herb Weatherington) AFTER resigning on 5/26/22.

So, instead of having continuity of information, the POHOA Board in 2021 got an incredible amount of legal advice – and took it with them without sharing it with future boards. And, I believed that because I was being personally targeted (because I received a letter in September of 2021 from VF-Law threatening me for “voluminous emails” – for which there is no defined boundary or standard), I believed that the money spent was an example of poor fiduciary duty. I think this is a major problem not just at POHOA, but at HOAs across Colorado – which is why I volunteer as a homeowner advocate on HOA issues since 2019.

The resignation letter from Mr. Bielli admits that in spite of the money spent in August-November of 2021, it did not stop the documentation of the problems at POHOA. Why should it? If problems continue, then the homeowner has a right to document and notify the Board of the problem or issue. In fact, not just a right, but a duty and responsibility to notify the Board – on behalf of the other members. There is no other watchdog or enforcement body – which may be a fatal flaw of the Colorado HOA Governance Model (and I agree on that point).

I therefore recognized that the claim that the invoices may not exist or that they would have to be redacted meant they did not intend to validate the documents I already had in hand. So, I sent them copies and got that response above. I didn’t realize that the May 7th letter had already been sent, as I just received it on May 20th!

But, now, they’ve made publishing the underlying invoices a matter of “privileged” or “confidential” information. Unfortunately, CCIOA Section 317 gives homeowners an entitled right to review the expenditures of the HOA, and requires that the HOA produce those invoices under threat of a $500 statutory penalty.

So, the question is whether or not it is true or false that the invoices contain “privileged” or “confidential” information – and there’s a veiled threat if they are published. What is allowed, however, are SUMMARIES of the information contained – and that clearly demonstrates approximately HALF of the money spent with VF-Law was NOT for “Document Revision”, but rather was spent on various items that there are legitimate questions. I contend that specifically because the money did not produce any value AND because the former Directors TOOK THE ADVICE FOR THEMSELVES PERSONALLY, that the expenditure was wasting our funds – poor fiduciary duty.

And, to make such a claim, publishing the facts so that I don’t experience retaliatory defamation is . . . logical. Yet, here we are with my integrity being questioned with a communication to all of my neighbors.

Here’s the summary from the invoices

The POHOA Board has chosen to avoid dialogue about these past expenditures, and has refused to simply resolve the matter by making a public statement agreeing that the funds were a wasteful expenditure, and that the POHOA Board will work in the future to avoid such wasteful expenditures again in the future.

ALL OF THIS defamatory BS is about avoiding a simple admission. We made some mistakes, and we should learn from them. Instead, a letter goes out calling me a liar – which is defamatory. And, this is someone who sincerely believes that the defamation is retaliatory because the facts I reveal by creating transparency some Directors wish didn’t exist might damage them politically. In their HOA.

They care more about being in full and absolute control of this petty little HOA than . . . anything. Petty little authoritarian dictators – which is how many HOAs in Colorado devolve because the statutory protections from retaliation (like those in Hawaii and Nevada enjoy) do not exist. And, there is zero regulation of the HOA industry in Colorado, in spite of many issues with CAM (Community Area Manager) mis-management, violations of the laws, lack of following CAMICB Standards of Conduct, and plain old embezzlement. Even right here in Colorado.

So, as a result, we have Directors who spend thousands of dollars on attorneys attempting to threaten and intimidate homeowners who document what is going on transparently.

I will repeat what is at the bottom of this website on every page:

“Disclaimer

All opinions expressed on PoudreOverlook.com are expressly the private and/or personal opinions of the authors. This website does not represent the HOA Board. The Board is welcome, however, to expressing their individual or group opinions at any time via Editorial posts, or in comments to any post on the site. Owners are equally welcome to express their individual opinions in the same manner.”

Similarly, if there is anything “false” on this website, I welcome any comments with the factual corrections. If someone has a different opinion, I would gladly post their editorial comments.

Yet, not one single example of a falsehood (except for Mr. Denenberg’s claim, above) have ever been submitted. I think those receiving the letter from their HOA should think about why no such counter-proof is offered, and why a letter like that is sent out instead. It only has the purpose of defaming and discrediting me.

Unfortunately, I will continue to attend meetings as a member, report on what happens at meetings, and share the facts and opinions that I believe others should consider when, in particular, choosing not to participate OR giving away their vote with a proxy.

We have a Board that thinks its OK for SPOUSES to be on the Board (It’s illegal in many states)

We have a Board that thinks its OK to give no-bid contracts to homeowners WHO ALSO SERVE ON THE BOARD, when we can obtain the same services for HALF the money, proven by multiple quotes.

We have a Board that thinks its OK to run up legal expenses by either allowing a CAM (like Trademark) or uneducated volunteer directors to simply turn over email questions to a lawyer with no boundaries. And, perhaps try to change the documents so that the legal fees can be sent to the homeowner asking questions – that result from non-transparency!

The current Board is not representative of the community. Only 12-15 homes out of 87 were actually present at the last TWO elections. They only garnered 26-30 votes by adding to that tally with proxies from the “silent people“. Yes, I believe we need better representation from the rest of the community – which is too scared to participate.

The question is whether we will only see participation if volunteers are allowed to act secretly, or if we get better volunteers who commit to HOA governance in FULL TRANSPARENCY.

This blog can focus on the positive aspects of our community if there is full transparency AND the Board actually takes care of things like falling fences (one has been down for over a month), backed up stormwater drainage systems, sinking concrete, dilapidated neighborhood connectors, maintenance of the backlots, and other basic duties.

Instead, we have a secretive Board spending 10-15% of our revenue with a homeowner who doesn’t have a written contract, and they claim there are no detailed invoices. We spend over 20% of our revenue in 1 year with an attorney and get NOTHING of value in return. And, we spend another $6k removing a dog from a home.

The point is simple: We need a Board that focuses on what truly benefits the community, not just what a small group of people who wish to enforce their opinions as if they are the only option.

To get there, we have to see the facts. And, that is what this blog will continue to do until something changes. The Board needs to reflect on whether their approach to HOA Governance is negatively affecting home values. Because if they have to keep secrets to keep up values, then we are heading in the absolute wrong direction.