Over the past several weeks, homeowners have asked whether I would be running for the open POHOA Board seat this year. After reviewing the financial statements, monitoring the Board’s responses to document requests, and evaluating recent changes in Colorado law, I have made the decision not to run and not to accept any nomination from the floor at the annual meeting.
This post explains why.
This is not about personalities. It is about transparency, statutory compliance, fiduciary risk, and homeowner protection.
1. The Insurance Question: A Dramatic Drop With No Explanation
In 2024, POHOA’s insurance premium with American Family Insurance was over $1,500 per year. This aligned with statewide testimony from CAI, CLAC, HOA attorneys, and insurance professionals: premiums were rising sharply, many carriers were withdrawing from Colorado entirely, and some coverages—especially Directors & Officers (D&O)—were becoming extremely difficult to obtain.
However, the most recent financial statement shows something unprecedented:
The HOA’s new annual insurance cost appears to be under $1,000.
A price drop of 35–45% during a statewide insurance crisis is statistically improbable unless:
- coverage limits were reduced,
- key coverages were removed (Property, Crime/Fidelity, D&O, etc.),
- the carrier is non-admitted, obscure, or minimal-coverage,
- deductibles were significantly increased, or
- the Board procured a policy that is not equivalent to what we previously had.
Homeowners have the right under CCIOA to review the declarations pages and policy details. Despite repeated written requests, the Board has declined to provide those documents.
Until the Board releases the current policy, homeowners cannot confirm:
- whether Directors & Officers coverage still exists,
- whether property and liability coverage remain adequate,
- whether exclusions have been added, or
- whether any director (current or future) is personally exposed to liability.
This is not speculation—it is a straightforward fact:
we cannot verify our insurance coverage because the Board has not provided the documents.
2. HB25-1043: Strict Compliance Is Now Mandatory
In 2025, the Colorado legislature passed HB25-1043, which strengthened statutory requirements for HOA governance. The most important change is this:
Boards and Directors must now strictly comply with CCIOA and their governing documents. “Substantial compliance” is no longer enough.
This has enormous implications for directors:
- Every procedural mistake may create liability.
- Every ignored request may be considered a violation.
- Every statutory requirement must be followed precisely.
- Every duty of care and loyalty is scrutinized.
When strict compliance is required and the Board refuses to release basic statutory documents like the current insurance policy, any new director steps directly into a potential liability situation.
3. Budgets, Reserves, and Emerging Liabilities
Recent filings and reserve trends raise additional concerns:
- Budgets have discrepancies that have not been fully explained.
- Reserve contributions appear out of alignment with long-term obligations.
- Insurance costs have dropped sharply without documentation.
- The Treasurer—now the “sole contact” for vendors—has been operating under a continuing delegation that was never properly adopted under the bylaws.
All of these issues create risk for the Association and for any person serving on the Board.
4. So Why Am I Not Running?
It comes down to one principle:
You should not assume fiduciary liability without knowing if the HOA’s insurance will protect you.
Without the current policy documents, there is no way to know whether serving on this Board is:
- safe,
- responsible,
- insurable, or
- financially prudent.
Because the Board refuses to provide the documents required under CCIOA, I cannot responsibly serve.
Therefore, I will not:
- submit a directed proxy,
- self-nominate, or
- accept any nomination that may be made from the floor.
This is not an emotional decision.
It is a risk management decision.
And it should concern every homeowner, not just potential Board members.
5. What Homeowners Can Do
You have the right under CCIOA to request:
- the current insurance policy,
- past policies,
- the declarations pages,
- quotes and invoices,
- and all communications related to procurement of coverage.
You also have the right to demand:
- accuracy in budgets,
- updated reserve studies,
- proper agendas,
- transparent minutes,
- and lawful meeting practices.
If the Board refuses to release documents, that itself may constitute a violation under strict compliance rules.
6. The Path Forward
This website will continue to:
- publish factual analyses,
- document statutory issues,
- provide guidance on homeowner rights,
- and support legislative improvements that protect communities from opaque governance practices.
Transparency protects everyone—directors and homeowners alike.
Until the insurance issue is resolved, and until policies are disclosed, it is not responsible for anyone to serve on this Board.
If transparency improves, I would be happy to reconsider in the future.
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Posted by Andy Mowery
PoudreOverlook.com