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I am a member of an HOA called The Dam East Homeowners Association in Aurora Colorado. We have been in litigation for over 15 years. The Board accused us of being delinquent in our assessments by $300.00. Went to Court in 18th District Court of Arapahoe County and was assign to a Judge Ruddick to hear the case. At the time of assignment we didn't know that Judge Ruddick had been recommended not to be reelected for his conduct in court. (Search Judge Ruddick on Google) Wife was a Pro Se defendant. Jeffrey Lane of Patterson, Nuss & Seymour claimed to represent the Plaintiffs the Dam East HOA. It has been proven recently the board failed to hire Mr. Lane under the requirements of the HOA Bylaws. This means he will be charged with misrepresenting his authority to represent the Plaintiff the Dam East in my lawsuit for damages against my HOA.
The trial turned into a kangaroo court with the Judge and Mr. Lane trying to break the defendant down to tears which didn't happen. When the trial was over the Judge found we didn't own the $300.00 in delinquent assessments but still awarded Mr. Lane the Judge's good friend $30,000 in legal fees. Later we found the Judge lost 3 and a half hours of audiotape of the trial and it stayed lost for 6 months until he finely found the tapes. Court case number B-00C-4042 Div B-2 Arapahoe County Court Colorado.
The association has a record of 165 lawsuits since 1997 to the present which we didn't know about since there are no records of these suits in the HOA books. The President Jake Hummel is a lawyer and finds it difficult to understand the Covenants and Records. The rest of the Board of Directors does what they are told and only once in 5 years has there been one negative vote at a board meeting. Directors are Finn Larsen Treasurer, Chad Hamel Secretary, Kelsey Quigg, and Margie Moore.
They have successfully denied opening the books for membership review for over 4 years. The Association Attorney Rick Johnston refuses to answer questions of the membership and supports only the board and his partner on the job Western States Property Services Inc. Manager Earl Johnson. This team works together to manage over 30 HOAs and are a perfect example of why Property Managers of HOAs must be licensed to operate by the Real Estate Commission of Colorado. Complaints by the membership will be handled by the Commission instead of requiring a member filing lawsuits in a crippled justice system at their own expense. Important point for everyone to know. Perjury is not enforced in our civil courts. A civil court judge can't rule on perjury. Only a DA can prosecute perjury but in the history of cases no DA has ever prosecuted perjury in a civil case. For prove call your local DA and ask him/her when was the last time he prosecuted perjury in a civil case? He will not answer the question. This is a dirty little secret of the law industry. All pro se court cases where the Judge failed to advise the Pro Se litigate that perjury would not be enforce in this case makes it a miss trial. The lawyer opposing the Pro Se and the Judge knows perjury can be committed and nothing will happen and yet the Pro Se will tell the truth believing it's the right thing to do. The best liar in Colorado courts win.
Judges don't like pro se homeowners suing their HOA because it is a sign of disrespect of authority. So very few Pro Se Homeowners win in lower courts. The Judges are not impartial in these cases.
Mr. Lane filed charges against me in County Court of Arapahoe County Judge Cross to get a Permanente Protection Order to stop me from calling the board names or telling them when they are violating the Bylaws. Judge Cross another friend of Jeffrey Lane's granted the Order even though my Freedom of Speech was violated. Judge Cross then violated his duty of a judge by denying 4 motions I filed in his court without reading them. Because of this blunder was recorded in the transcript he rescued himself and I got new Judge. This Judge came from Denver County not under the control of Chief Justice Leopold or Lane. This Judge was to hear a contempt of court hearing brought by Mr. Lane in an effort to stop my actions claiming I had violated the PPO and wanted me thrown in jail. (Lane's Legal Fees now at $25,000 for the Dam East HOA). This judge ruled I was guilty and sentenced me to 60 days in jail but suspended the sentence because he claimed there were Constitutional issues which he could not rule on and Defendant needed time to Appeal his decision. An appeal has been filed but because I have been denied a change of venue from the 18th District Court of Arapahoe County the actions of the Chief Judge Leopold are proven to be prejudice against me and the judges under him are not impartial. "The New York Times v Sullivan Supreme of the United States grants a Defendant the right to express a critical view point of Government, Judges, lawyers, and HOAs which is a form of Government under the First Amendment Freedom of Speech... It will be difficult for an Appellant Judge to deny the appeal.
The Dam East Homeowner Association for 15 years main goal is to represent the property managers and lawyer's profits as they feed on the membership. When a HOA has the right to lien a delinquent member's property no lawyer is needed to enforce collections. The Law Industry has created a money tree by convincing the directors it's the only way to control the losses from delinquent homeowners. With lien rights very few dollars have been lost in collections to a HOA.
The last danger to HOAs is an organization called Community Association Institution (CAI). This organization has been shanghaied by dishonest property managers and lawyers. The State Legislatures must learn the CAI doesn't represent the membership of HOA but the property managers and lawyers that feed on the members.
It is my estimate over the last 10 years the Dam East HOA has spent over $300,000 on lawyers which the membership has no idea of what is going on. With this amount of money from one HOA imagine how much money is made from say 30 HOAs for property management companies and claimed HOA lawyers.
I suggest you go to my website at www.court-house.com for additional information on the Dam East HOA and problems with the Colorado Justice System from the Supreme Court of Colorado to Judge Ruddick's County Court.
NOTES: I am in the process of writing a book on my HOA and the problems of the 18th District Court of Arapahoe County (Colorado) "Justice Denied" You can see more at my website www.court-house.com I have 15 years of abuse by lawyers and judges all backed up with court transcripts.
Posted Jan 27 2006 7:23AM CET
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Jim Burneson
(View Profile)
Aurora, Colorado |
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The biggest complaint I have with our Homeowner Association is that the President of the Board of Directors has a monopoly on being the president. Because she knows she will never be removed she has taken on being the "Governor" of the community.
She decides who gets to live there simply by singling out the homeowners she does not like and issuing incessant violations for everything.
If it's not a violating in the CCRs - she will have it added just to intimidate the homeowner she doesn't care for.
Other homeowners will back off, as they do not want to be her next target. OH that's right if everyone gets together we can get her off the BOD. This is fallacy here is she decides whose votes get discarded because they are not in good standing with the Association.
Posted Jan 27 2006 12:03AM CET
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Username withheld
, Illinois |
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HOA refuses to maintain mesquite trees in common areas blocking mountain view, which will reduce property resale values from 5 - 20% (per contacted realtors).
They are trying to pit homeowners against each other. They are also asking different sections of homeowners to pay an additional amount if they want trees in their area trimmed. Mission statement: "To protect and preserve property values by maintaining and enhancing the common areas."
Need solutions from other HOAs.
Posted Jan 17 2006 6:02AM CET
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Username withheld
Green Valley, Arizona |
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I will be glad to help with your project as I am going through problems with my association for mis-use of funds I may be contacted at xxx-xx-xxxx
Robert Cohn
Profile
I own a condo in Beverly, MA for 12 years I have been devastated financialy and have almost lost my home since I accused the Trustees of mis-appropriation of condo dues, my fees have gone from $200 to $700.00 per month. I am a single parent w/ a 11 year old daughter and am in the fight of my life to save my home. The Trustees are using ours funds to silence me and attempting to take our home. Any suggestions or help will be most appreciated. Feel free to contact me any time.
Posted Apr 22 2005 9:11PM CEST
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Robert Cohn
(View Profile)
Beverly, Massachusetts |
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1. HOA Board Members thinking they own your home.
2. HOA Board Members that lie.
3. HOA Board Members that make up the rules as they go along.
4. HOA Board Members CC&R's dont apply to everyone, if thet like you you get special privliges.
5. HOA Board members abusing there athority and trying to attempt axcess inside peoples homes, buildings and property.
6. HOA that file suit and never ever sent a letter on any violation.
7. HOA that use your dues to hurt you, assocition were to protect everyone are now being used to hurt Home Owners for no more reason than to show you there personal Control and Power.
8. HOA that think they have a right inside your home whenever they want.
9.HOA that file frivulous lawsuit in order to run you out of the neiborhood and to finacially hurt you.
10. Beckwith Mountain Ranch Home Owners Association in Westcliffe, Colorado has done all of these,
Pam Galding left threateneing messages stating she would never approve our Home plans until we let them search inside the buildings, Scott Seegers lied about doing searches on the building when we were not at home, there are two witnesses to this fact.
Posted Apr 18 2005 8:12PM CEST
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Melody Reed
Westcliffe, Colorado |
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Mark Walker:
Sorry to hear about your situation.Hate to tell you this you HAVE NO CHOICE. Unless you have millions of dollars and want to waste at least 3 years of your life you should move.
You will not beat the Homeowners Association and if you do they will come up with other rules. Maybe the next rule will be color of your car.
Don't laugh. I am fighting a lawsuit because the black president of our Homeowners Association does not like the color of my cat. My neighbor complained that the color scared him.
I decided to move rather then live in a neighborhood run by Nazis. Good luck You will need it.
Jon
Posted Mar 7 2005 10:01PM CET
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Jon Wein
(View Profile)
Lehign Acres, Florida |
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1 - HOA's turning past-due bills that are small and manageable into huge, unpayable monster debts - by putting rediculous legal fee's, fines, etc on small bills. Debt collection MUST be required to be a low-cost (to the individual) matter, not a means of making the HOA lawyers very fat.
2- Stealing people's homes for small amounts of money, such as in the case of Mr. Radcliffe up in Northern California. My own home was turned into foreclosure over a $400 bill, which the HOA had an accepted repayment plan on! I had to file Chapter 13 bankruptcy to protect my home, this killed a refi I was doing that would have put me in good financial shape, and has cost me thousands in higher mortgage fee's, causing my original lender on my mortgage to sell to a sub-prime lender. Also, many jobs I would not be eligible for, as many now do a credit check before hiring, as GEICO insurance does.
3 - Board members that do not support the rights of the individual - one of my main rules in living with HOA communities is that if it isn't worth arguing about -- don't! People need some freedom! I have had the neighbors from hell before, where you have to worry about the druggies or boozers accidentally burning your place down, or where people are just plain vandalizing - getting picky about where the children play is not worth it! Not if they are a good neighbor otherwise!
4 - Boards that ignore the important maintenance issues, such as insufficient wiring, slipped rafters in the attic, etc --- but complain about window screens that won't stay in (because windows are not "square" anymore) - replacing a flimsy door with a safer metal fire-door of the same design as the cheap wood one- neighbors storing of a neat, strapped wooden box in their own parking space - people should not allow boards to take all of their rights away! It is time to tell the boards to mind their own damn business!
5 - Board members that sit in the back row, and mimic homeowners who are talking about problems, making comments suck as "I have places to go, lets get it on" or making "sawing noises" - as if falling asleep - If they have somewhere else to go - leave!
6 - Board members who are unconcerned about the unhappiness of others with operating times of laundry or other facilities, or about other conditions. The board members are there to manage important things, if people using facilities are not happy (whether owners or renters) the board needs to seriously consider if changes should be made to operating times or whatever conditions are being discussed - not "let them go somewhere else if they don't like it".
7 - Board members that are unprofessional - when I briefly worked for our management company, I tried to be careful about spending the homeowners money - I was to try and buy cleaning supplies for the HOA - I tried to find the best buys available, and only buy what was needed. This often does not seem to be the case with HOA's!
8 - Board members that do not look "long-term" and what is really needed to protect the property, and just do "quick fixes" - many times this makes really expensive problems later on.
9 - Board members that want to go with shaky management companies, who are being trusted with homeowners money! How many cases have I heard of all of the homeonwers funds being stolen, as has happened with our association in the past! Only very, very, trusted people should be handling association money!
10 - Board members that try to ban all pets! This is just plain evil! I know of a mobile home park that would not even allow a goldfish or a bird until recently! These people are usually buying their own damn home! For many people, their pet is about the most important thing in their life! Think about the elderly person that has lost their spouse - often their pet is all they have left! Myself, after my parents divorced when I was about 17, the most important thing in the world was to have an intact home with my moms Schnauzer and my Pug! It was much more important than living in a ritzier place!
Posted Mar 4 2005 9:57PM CET
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Dennis Faulkner
(View Profile)
Lakeside, California |
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1. Management
2. Lawyers
3. False Idols
4. Junior Commando's
5. LEGENDS "In their own Mind's"
6. Ratification of Rules
7. Election and Appointment Procedures
8. Stupidity of Homeowner's for Allowing Such.
9. Their "IRS" mentality...(guilty until you prove yourself innocent).
Posted Mar 4 2005 8:38PM CET
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mac silver
Plano, Texas |
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1. management companies X 10
Posted Mar 4 2005 4:22PM CET
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melvonna riggle
(View Profile)
, Florida |
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1.Board members use our money to hire an attorney to file frivilous lawsuits against homeowner association members because they know that people canot hire an attorney to fight them.
2. Board members violate the very same rules they expect association members to follow.
3. Board member self appoint themselves
4. The same board member works as the treasurer and the attorney and is married to the bookkeeper.
Posted Mar 4 2005 2:28AM CET
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anne ripley
(View Profile)
lynnwood, Washington |
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