1. Why This Article Matters (Please Read Before the Annual Meeting)
Because Debbie and I cannot attend this year’s Annual Meeting, I’m asking the Board — and informing all homeowners — that the 2024 Annual Meeting minutes contain errors and omissions that need to be corrected before approval. The Board has been notified by email and has partially responded by email.
This is not about re-litigating old disputes or assigning blame.
It is about making sure that:
- our records accurately reflect what happened,
- the Board’s composition is correctly documented,
- homeowner votes (especially directed proxies) are properly recognized, and
- we stop repeating confusion every single year.
All source documents, notices, emails, and scanned materials are posted here on this website:
👉 www.poudreoverlook.com
10/14/23 BANNED OR NOT: Mowery Announces Candidacy For POHOA Director
11/15/23 BANNED: President Ballweber Tips Hand In Resignation Row
12/5/23 FALSE RECORDS: POHOA Board Flushes Reality Down The Memory Hole
12/6/23 WORST. MEETING.EVER: President’s Spouse Elected, Gold Coins Pushed, Virus Spread
12/6/23 PUNT: POHOA Board Allows Intent To Trump Legal Objectivity
12/7/23 VINDICATED: Board Willfully Ignored Attorney Advice Enforcing Ban On Mowery
1/10/24 ELECTION INTERFERENCE: POHOA Board Denies Self-Nomination On Bogus Policy Claims
1/16/24 LANDMARK CASE: Recent Appellate Decision Likely Reverses Ballweber’s Election Interference
1/23/24 FORMAL COMPLAINT 3.0: Understanding Board Violations Are A Call for Fair Governance
2/5/24 ABSOLUTE IMMUNITY: Board Claims Covenant Enforcement Policy Doesn’t Apply To Them
2/6/24 AI INVESTIGATIVE BLOG SERIES: Unraveling Governance at Poudre Overlook HOA
2/6/24 AI INVESTIGATIVE SERIES #1: The Special Meeting Dilemma and Bylaw Amendments
2/6/24 AI INVESTIGATIVE SERIES #2: Resignation and Governance Ethics at POHOA
2/6/24 AI INVESTIGATIVE SERIES #3: Legal Opinions and Their Role in POHOA’s Governance Dispute
2/6/24 AI INVESTIGATIVE SERIES #4: Navigating Candidacy and Voting Rights in POHOA: Mowery’s Stand
3/12/24 BOTCHED AMENDMENT: POHOA Board Disenfranchises Remote Access Homeowners
3/17/24 10/14/23 BANNED OR NOT: Mowery Announces Candidacy For POHOA Director
4/9/24 VOTES REVEALED: Less Than 1/3 of POHOA Homeowners Participated In Two Recent Elections
4/16/24 DRIP, DRIP, DRIP: POHOA Board Slowly Reveals Election Proxy Info – But Still Not Fully Transparent
2. A Clear, Neutral Summary of What Happened
A. The December 2023 Directed Proxy Dispute
At the 2023 Annual Meeting:
- Two seats were open.
- A homeowner submitted a directed proxy naming me (Andy) as their chosen candidate.
- The Board did not recognize the directed proxy as a vote, left the seat “vacant,” and did not seat any candidate.
- No bylaw existed requiring “floor nominations only,” and the 2024 amendment cannot retroactively apply.
This single decision created all later confusion, because:
👉 A directed proxy should have filled that seat through December 2026.
👉 Instead, the Board treated the seat as vacant.
This is the only disputed seat today.
B. The March 19, 2024 Special Election — The “2-Year Seat”
To fill the vacancy created by not counting the directed proxy, the Board called a Special Members Meeting and described the open seat as a:
“currently vacant 2-year Director position”
But our bylaws make clear:
- after the initial staggered terms, all seats are 3-year terms, and
- a person filling a vacancy serves the remainder of a known, pre-existing 3-year term, NOT an arbitrary 1- or 2-year term.
There is no authority in the bylaws for:
- 2-year seats
- 1-year seats
- “term conversions”
- “resetting” terms for staggering
- shortening a director’s term to match the calendar
Yet all of those ideas appear in our meeting notices or minutes.
C. The December 2024 Directed Proxy — This Time Counted
At the 2024 meeting:
- I submitted another directed proxy.
- This time, the Board did count it.
- This is reflected in the draft minutes.
This inconsistent treatment is the clearest proof of all:
👉 The Board understands exactly how directed proxies work.
👉 The issue was not confusion — it was inconsistency.
3. Why This Matters for the 2024 Minutes
The draft minutes:
- do not mention the ongoing dispute over the 2023 directed proxy,
- present the Board’s interpretation as uncontested fact,
- include term-length descriptions (“1-year seat,” “2-year seat,” etc.) not allowed by our bylaws,
- fail to identify which May 2022 seat each current director actually holds, and
- record write-in votes (including apparently fictitious names) without explaining how these interacted with the “floor nominations only” bylaw.
For the minutes to be historically useful and legally accurate, the following needs to be added or corrected.
4. Requested Corrections to the 2024 Minutes
These items do not ask the Board to concede my position — only to acknowledge that a valid dispute exists.
(1) Acknowledge the directed proxy dispute from 2023
That it remains unresolved whether the December 3, 2023 directed proxy constituted a valid election through December 2026.
(2) Clarify inconsistent treatment of directed proxies
Explain that the 2024 directed proxy was accepted and counted, while the 2023 directed proxy was not, despite identical circumstances (except that one would fill an empty seat).
(3) Correct misstatements about term lengths
Remove or annotate language describing:
- “1-year” or “2-year” seats
- “converting” terms
- staggering created by ad hoc term lengths
None of these are supported by the bylaws.
(4) Explain which May 2022 seats are being filled today
The original seats (A–E) must be traced:
- May 2022 → December 2022 elections → later resignations → December 2023 election → March 2024 special election
…so that future staggering follows a legitimate chain of succession.
(5) Address write-in / joke votes
If write-ins were allowed, the minutes should clarify:
- whether they were treated as valid
- how the bylaws allow or reject them
- whether they were submitted through proxies
This matters because it reveals homeowner discomfort with the “floor nominations only” system.
5. Why This Matters to the Legislature
Rep. Ricks’ has been passing HOA legislation that reigns in HOAs who operate outside the law or governing documents. I have been advocating changes for the upcoming session.
- protect directed proxies
- prevent retroactive election rule changes
- require advance candidate disclosure
- provide neutral enforcement
- require proper board education
- stop ad hoc term-length interpretations
Our community is a perfect case study demonstrating exactly why the law needs to change.
I intend to provide suggested language for that bill — in a neutral way, not naming or criticizing anyone — but our minutes must reflect the actual history.
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