In September of 2020, one of our neighbors wrote to the Poudre Overlook HOA (POHOA) Board demanding that they issue us a violation for having an in-home “commercial business” that would generate traffic or parking in violation of our CCR Article X Section 8 and/or 20. The POHOA Board responded with an email that told them that enforcement requires factual proof. This surprised the reporting homeowner, but was the right call.
The Poudre Overlook HOA Board was in the middle of defending against litigation, and the email that this homeowner was responding to was an outreach campaign by the Board to inform homeowners who had any questions about the litigation. This homeowner responded with an allegation that we were operating a bed and breakfast “against all hoa rules”.
The POHOA Board asked them to “provide actionable documentation”, otherwise known as proof of the allegation. The response: “What I’m hearing you say is I need to prove it to you. So far this month they’ve had out of state “visitors” on Sept. 1st, 5&6. I’m sorry but I didn’t check for you this last weekend. I will try to be more vigilant for you. Needless to say but a management company will not help, all they do is financial.”
Of course, we didn’t hear anything about this for 3 years. Long story, but the POHOA Board decided in 2022 to abandon the Gmail/Google Drive account it had used from 2016-2022. While the resigning Board took copies with them on 5/26/22 (downloaded by Secretary Sara Young, and distributed to the other 4 resigning members for “legal reasons”), President Ballweber tried on 6/15/22 to literally stop POHOA from using email altogether. One of the things it would so is to make it difficult to prove what the POHOA Board had done in the past, as well what other homeowners have emailed into the association – including allegations lacking proof like the one above.
Now, what is funny to me is that in September of 2020, not only were we not running a bed and breakfast, but literally in the middle of a pandemic, we weren’t allowing visitors in general (including family and friends!). We’ve been mocked by POHOA Directors for our conservative approach to the pandemic, but it’s just kind of hilarious that our neighbor, two doors down, was stalking us and marking down license plates of people who she alleged were visiting us.
It is true, however, that we had visitors, long term, in the last week of August. They were our friends who lived up Rist Canyon, and the massive fires that burned from August into November drove them from their home. Literally fires right up to the edge of their driveway. Parents and two kids, and their vehicles, which have Colorado tags, were parked in front for more than a week as they navigated evacuations. But, of course, this is absolutely terrible to equate this to operating a bed and breakfast, in context.
So, other than letting our COVID guard down for our dear friends who had two young children, no, we didn’t have any other guests – paid or otherwise. But, we never had to defend ourselves because this woman two doors down from us, after writing this email telling us she was stalking us and taking down license plates made a fool of herself, apparently. Again, we only got the details three years later.
See, the neighbor between us is a couple who has adult children who are from out-of-state. But, they sometimes stay here for extended periods. And, during those times, sometimes they have friends over. And, while I’ve seen cars parked on the street up to our driveway, I’ve never really paid attention to their license plates. It wouldn’t surprise me if they are “out of state”. As if that defines when someone is using an airbnb. Plenty of people IN Colorado stay at such things in state. And, of course, rental cars can be plated literally anywhere. It’s a foolish assumption to begin with.
But, in this case, apparently word got around the neighborhood that we were being targeted, and then the cars she turned in happened to be our next door neighbors children and friends. So, she just melted away and dropped it.
In this situation, the POHOA Board got it right! Yes, you can’t just go issue violation notices or fines based upon a hearsay allegation. Of course enforcement requires actual proof.
But the key in the response is that the POHOA Board, who was receiving legal advice from multiple attorneys at the time, was told to respond to this homeowner with a message: If they WERE to act on the report, it could result in a claim of retaliation – particularly with the homeowner responding to an email about active litigation. It appears motivated by the litigation, as some use of influence or coercion to retaliate against the litigation. And, once again, the POHOA Board got it right: If they were to act, it most certainly would have been viewed as retaliation, particularly as there was no actual proof to justify enforcement.
Fast forward to June of 2023, however, and with Director Flanary on the Board, who has numerous times been recorded at open meetings claiming that the reason I should be removed from the POHOA Board (in both October of 2022 and then again in January of 2023) is because I had previously filed litigation, appears to once again be targeting me with a similar allegation.
Why is there a relationship between the homeowner’s claim and Director Flanary’s action?
Well, for one, in December of 2018, Director Flanary’s best buddy, Irve Denenberg made the same accusation to me via an email shared between board members. The same challenge for proof was made, and he never responded. But, Irve was constantly surveilling our home, including daily passes BEHIND our home, and in one case that caused us to contact police, was caught photographing us while we were entertaining my wife’s cousin and his family (including two children under age 7) while were at our kitchen table – and he was standing taking pictures from the drainage channel behind us.
Now in 2023, the POHOA has decided to attempt, once again, that we are operating a “commercial business” that was generating traffic or parking. Otherwise known as a yard sale because we sold seedling from a couple of folding tables earlier in May. We’ve documented the experience which is still developing.
I have become concerned that this pattern of behavior is a deliberate plan to attempt to drive us from this neighborhood. One way is to weaponize the HOA in order to create expenses, particularly legal expenses, by abusing the violation and fining process. The other is to abuse the powers of the HOA to make the homeowner isolated socially, which is kind of obvious at this point. I mean, they tried to ban me from serving as a Director for 3 years, after trying to pass a motion disallowing me to speak at meetings.
Why do I think this?
Well, for one, I have a neighbor who was literally told out loud to sell his home and move. Again, another homeowner influenced by Walker and Irve’s political group, defined by all the proxies they hold. These folks are the “silent people” who prefer to have others act, often without factual proof, on their behalf.
Without people on the Board like those in September of 2020, we wind up with violation notices being sent out without any facts supporting it provided to the targeted homeowner. They can’t defend against an allegation and be forced to prove a negative. The current Board simply doesn’t know or acknowledge that enforcement requires factual proof, and that ultimately puts us in a position of creating legal liability for the Association.
With two open seats on a 5-member Board, the current POHOA Board is demonstrating, particularly with Dr. Tunna’s resignation, that they do not welcome anyone who requires proof as a standard. And, with that, we are likely to find ourselves spending thousands on legal fees unnecessarily. It’s happened before, and it will happen again.