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Scott,
Hopefully, we will have gathered enough signatures on the repeal CCIOA petitions to put it on the ballot in November of 2008.
Why 2008? Because in 2006 (when we had originally planned to gather enough petition sigs to place our petition on the 2007 ballot) my husband had a very serious stroke that almost killed him. That meant a long hospital stay and very long rehab training after that. During that time, I was with my husband almost every hour of the day and night 24/7, so couldn't do much of anything else.
Now, almost a year and a half later, even tho he's still in a wheelchair, he's well enough for me to be able to do some other things. My lawsuit against my HOA/CIC, for one thing. It has been ongoing since February of 2006. One of the issues in the lawsuit is now at trial and that keeps me quite busy.
But we do hope to get started on gathering sigs for the repeal CCIOA petition in time to present them to the Secretary of State before the deadline to do so (which I believe is July 2008 for the November 2008 ballot). Lots of things to do first, and do correctly, to accomplish that, tho.
Not to worry tho, Scott. You, and every other HOA/CIC homeowner in Colorado will be aware, long before that date, where the locations will be for you all to sign the repeal CCIOA petitions. Volunteer petition carrying folks will be out and about all over Colorado and one of them is bound to be near where you live. :-) I will announce those locations here on AHRC, as well as in all of the major media in Colorado.
Hopefully, we'll get to talk with you in person soon!
Jan Jackson
Florissant, CO
Colorado Homeowners Association News
Posted Sep 21 2007 7:40AM CEST
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Jan Jackson
Florissant, Colorado |
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Scott,
In 2006, my husband suffered a very serious stroke which almost killed him (triggered, we believe, by my HOA's President's and CAI lawyer's actions). As a result, he was hospitalized for quite some time. Needless to say, I was at the hospital 24/7 during most of that time. That meant that I couldn't get anything going on the repeal of CCIOA back then. He's home now and recovering well, altho he's still in a wheelchair.
Also, my lawsuit against my HOA is at the trial stage now. That takes a lot of my time, too, but I intend to try my best to get the petition ball rolling on the repeal of CCIOA for the 2008 Colorado ballot.
Please be aware that I will be placing notices -- about the locations of where you and other Coloradans can sign the petitions -- on all major news media in Colorado well before the petition volunteers actually arrive at those locations. So, not to worry. (grin) You won't have any trouble finding us when the time arrives for you to sign one of the repeal CCIOA petitions.
Jan Jackson
Florissant, CO
Colorado Homeowners Association News
Posted Sep 20 2007 11:54PM CEST
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Jan Jackson
Florissant, Colorado |
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I keep seeing coments like, "once CCIOA is repealed," but have yet to hear of a petition drive, or anything else that would actually lead to the repeal of the CCIOA.
Is anything actually being done along these lines? Where do I sign said petition?
Posted Sep 19 2007 1:32AM CEST
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Scott Doughty
, Colorado |
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Lou Day, Colorado, wrote:
"..."Jan, Recently, you wrote: 'When CCIOA is repealed, those who enjoy living in an HOA can continue to do so on a VOLUNTARY, NOT STATE MANDATED, basis. According to my attorney, the CONTRACT for HOA homeowners will still exist after the repeal of CCIOA. The only things that will be missing in those contracts will be the parts about a board of directors (who, as we all know, appear to be the major problem, along with their CAI attorneys, for HOA homeowners). Any other questions you have about the repeal of CCIOA, please let me know. If I can't answer it to your satisfaction, I'll ask my attorney for the answer and then post it on AHRC, ok?' I would appreciate your citing the specific provisions (by CRS paragraph number) which you and/or your attorney believe, upon repeal, will change mandatory associations to voluntary associations. Also, please provide citations regarding changes in the authority and/or existence of boards of directors (which you apparently consider "the major problem). My reading of CCIOA does not support your interpretation."
Hi Lou, good to see you again on AHRC! :-)
I'm no attorney, as you know, but I do trust the legal word/judgment of my own private attorney (who has been my attorney for over four years now). And that (above) is indeed what he told me. I will ask him to answer the specific questions you asked me, though, as soon as he can (he's leaving on a two-week vacation next week, and we're also in the middle of a trial right now. As you may know, I filed a lawsuit against my HOA in February of 2006).
But here's my considered guess (and I could be completely wrong). I believe he's referring to contract and corporation law. That is, once CCIOA is repealed, if one owns property in an HOA/CIC, corporation law drops out and only contract law remains (in Colorado, many, if not most, HOAs/CICs fall under nonprofit corporations law). If I' mright about that guess, then contract (and corporation) laws are where you will find the answers to your questions (and I'll go look there, too, just out of curiosity, while we're waiting for my attorney to send me an email with the legal details).
But until then, if I'm remembering what he told me correctly, once CCIOA is repealed (or an HOA/CIC is dissolved -- either voluntarily or judicially) -- there is no longer any legal authority, for example, for a board of directors, since the authority for a board comes from CCIOA -- which in its statutes refers to corporate statutes. So, that part of the HOA/CIC contract -- the corporate law part -- we all signed when we bought into an HOA/CIC, no longer means anything because it no longer applies to us as homeowners.
If my non-lawyer opinion is correct about the above, after CCIOA is repealed, former HOA/CIC homeowners need only look at their specific HOA/CIC contracts and decide how exactly they want their contracts to read, or if they want to still have a group contract at all (I'd have to ask my attorney about that one myself, ie, can the community just do away with their contract, if they want to). A former HOA/CIC homeowner might also want to consult with his/her own private attorney. Or, the former HOA/CIC community of homeowners, as a group, might all want to chip in and pay for an attorney to advise the community how best to modify their community's contract to suit whatever their own community's wants and needs are (since they would, after the repeal of CCIOA, no longer be mandated by the state, ie, CCIOA, to do what the state or their HOA/CIC boards of directors say(s) they have to do.
One caveat, at this point, however. My own personal opinion is that a former homeower or community of homeowners should NOT -- NOT -- SEEK ADVICE FROM A CAI ATTORNEY, since CAI attorneys/lobbyists and the rest of the HOA Industry -- which includes Colorado legislators -- appear to have gotten homeowners into this dictatorial mess (through CCIOA) in the first place.
But while we're waiting for the above to take place, we HOA/CIC homeowners can also have three irons in the fire stoking the flames of the end of HOAs/CICs in Colorado: (1) Trying to repeal CCIOA in 2008, (2) filing a Judicial Dissolution, and (3) talking to a federal prosecutor (or a RICO attorney) about a RICO action.
In time, after one or more of the above takes place, we will have found the final answer to this HOA/CIC mess. That is, no more HOAs/CICs in Colorado. However, if we Colorado homeowners succeed in repealing CCIOA, the other two legal actions will not need to be done -- other than as punishment for the guilty. Once CCIOA is repealed, former HOA/CIC homeowners need only sit down and think through exactly what he/she/they want their community's contract to say -- or even if they still want a community contract (I need to ask my own attorney about that part). After he/she/they decide what he/she/they want the contract to say, if they still want a community contract, all that's left to do is modify his/her/their existing contract to say what he/she/they want it to say. And that's all there is to it -- as far as I now know.
Will get back to you and the rest of the readers here at AHRC as soon as I hear from my attorney about the questions you asked, ok?
Jan Jackson
Colorado Homeowners News
Posted Aug 19 2007 2:22AM CEST
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Jan Jackson
Florissant, Colorado |
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Re: Comments by Jan Jackson:
Jan,
Recently, you wrote: When CCIOA is repealed, those who enjoy living in an HOA can continue to do so on a VOLUNTARY, NOT STATE MANDATED, basis. According to my attorney, the CONTRACT for HOA homeowners will still exist after the repeal of CCIOA. The only things that will be missing in those contracts will be the parts about a board of directors (who, as we all know, appear to be the major problem, along with their CAI attorneys, for HOA homeowners).
Any other questions you have about the repeal of CCIOA, please let me know. If I can't answer it to your satisfaction, I'll ask my attorney for the answer and then post it on AHRC, ok?
I would appreciate your citing the specific provisions (by CRS paragraph number) which you and/or your attorney believe, upon repeal, will change mandatory associations to voluntary associations. Also, please provide citations regarding changes in the authority and/or existence of boards of directors (which you apparently consider "the major problem). My reading of CCIOA does not support your interpretation.
Posted Dec 16 2006 1:37PM CET
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Lou Day
(View Profile)
, Colorado |
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Username withheld in Virginia wrote:"WOW! No Regulatory Authority! Ombudsmen--Just another level of control for the Industry! CCIOA Mandates that all new developments be HOAs/CIDs! That's Some Serious Stuff!" Yes, it is. HOAs/CID's are a very serious business for those power-and-money seekers among us who just can't wait to control homeowners' money ... AND the HOA lives of the homeowners. They are many (see below). But the first ones that an HOA homeowner will encounter after buying property in an HOA/CID are the members of the HOA/CID board of directors. Then it all goes downhill from there. (sigh)
We HOA homeowner advocates don't expect repealing CCIOA will be easy. In fact, we expect that we will be met with very strong opposition from the entire "HOA industry," i.e., CAI (Community Associations Institute) lawyers-lobbyists, Colorado legislators who collude with them, developers, builders, and all of the various vendors associated with developing and building and maintaining all housing developments in Colorado which are mandated by law (CCIOA) to be HOAs/CIDs.
But if We The People can repeal CCIOA, we will be back to the starting gate in home ownership. That is, we can live where we want to and how we want to -- just like we used to do before mandated HOAs ever became the norm in Colorado.
Jan Jackson
Colorado Homeowners Association News forum
Posted Dec 2 2006 5:36AM CET
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Jan Jackson
Florissant, Colorado |
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Ravi Kapoor in Paramount, California wrote: "Based upon HOA /homeowners stories it is strongly felt that State attorney-General office, FBI and IRS can play a important role to check this social evil as I feel." Ravi, I agree with you completely about that. It would be good if many HOA homeowners all over the country would take the time to write to these important agencies of our government.
"It is felt that no one seems to be interested to get involved in the mess and in my opionin sueing in the Honorable Court is the only remedy which with the present system of society as i feel is not a child play with the support from Insurance companies to HOA. This in simple words has become a shield to the concerned."
Absolutely! Repealing CCIOA in Colorado, and other states repealing their own HOA/CID laws, appears to be the only way to stop the onslaught -- right in our own homes -- of these legislative bodies.
"In view of this it is felt in letter and spirit that we are on the way to some sort of war for which I strongly feel in the interest of the society state and other agencies may not remain as mere spectators."
I agree. We will not be able to remain spectators. We will become deeply involved in such a "war," whether we want to be or not. Just the way "wars" are -- which might be prevented by repealing our HOA/CID laws all over this country.
"It is high time to consider for prevention is better than cure."
IMHO, repealing our HOA/CID laws will be both a prevention of new horrors in our HOAs/CIDs, and will also cure the problems inherent in them.
"State deptts/Federal agencies may look into cases on merit or on random basis and may arrange to highlight in the media so that justice is served and may prevent reoccurances of such instances in future."
Again IMHO, that probably isn't going to happen right away -- at least not here in Colorado. So, in the meantime, we HOA/CID homeowners -- We The People -- can do our best to try to fix the HOA/CID problems ourselves. Repealing our HOA/CID statutes is one one we can try to do that.
"Let us all hope for the best."
Yes, indeed! And for those of us who pray, let us both hope AND pray for the best while working very hard to help ourselves as best we can.
"With kindest regards and wish every one happy holidays and prosperous New Year."
And to you and your family, too, Ravi!! :-)
Jan Jackson
Colorado Homeowners Association News forum
Posted Dec 1 2006 6:12PM CET
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Jan Jackson
Florissant, Colorado |
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WOW!
No Regulatory Authority!
Ombudsmen--Just another level of control for the Industry!
CCIOA Mandates that all new developments be HOAs/CIDs!
That's Some Serious Stuff!
Posted Dec 1 2006 5:54PM CET
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Username withheld
, Virginia |
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Based upon HOA /homeowners stories it is strongly felt that State attorney -General office, FBI and IRS can play a important role to check this social evil as I feel . It is felt that no one seems to be interested to get involved in the mess and in my opionin sueing in the Honorable Court is the only remedy which with the present system of society as i feel is not a child play with the support from Insurance companies to HOA. This in simple words has become a shield to the concerned.
In view of this it is felt in letter and spirit that we are on the way to some sort of war for which I strongly feel in the interest of the society state and other agencies may not remain as mere spectators. It is high time to consider for prevention is better than cure.State deptts/Federal agencies may look into cases on merit or on random basis and may arrange to highlight in the media so that justice is served and may prevent reoccurances of such instances in future.
Let us all hope for the best.
With kindest regards and wish every one happy holidays and prosperous New Year.
Ravi Kapoor
Paramount ,California
Posted Dec 1 2006 2:11AM CET
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Ravi Kapoor
(View Profile)
Paramount, California |
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Username withheld in Virginia wrote:Thanks! :-)
"I understand that this site is receiving about three million hits per month."
Yes.
"What I don't understand is why more people are not getting involved at least at the level of writing."
Many times is just plain ol' fear -- especially if it means putting their names and where they live in writing.
"All the best to your family."
Thank you very much. We appreciate your good wishes for us! :-)
Jan Jackson
Colorado Homeowners Association News forum
Posted Dec 1 2006 12:29AM CET
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Jan Jackson
Florissant, Colorado |
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