Strategies That Can be Used to Fight Your Predatory Denver HOA

Strategies That Can be Used to Fight Your Predatory Denver HOA

When looking for a new community in Colorado, a prospective buyer may be interested in living in a development with a Homeowners’ Association. There are many reasons for this. Because an HOA dictates the rules and guidelines of a community for things like property maintenance and upkeep, you know your neighbors will take care of their homes so they are not unsightly. Many HOAs come with amenities for residents that the monthly dues help to provide.

The Colorado Common Interest Community Act sets forth the way that HOAs are created and how they are able to function. CCIOA provides for little government oversight and sometimes, those at the top of the HOA such as board members or management companies, for example, can abuse the power bestowed upon them. Should these individuals and groups engage in discriminatory and unfair practices, legal action can be taken as a form of recourse. The Denver HOA litigation attorneys at the Law Offices of Eric L. Nesbitt can help you strategically fight back against unethical and unlawful HOAs.

 

How You Can Fight Back Against Unlawful HOAs in Colorado

There are several ways that you can take action against the unfair practices of your Colorado HOA. These include:

• It is possible to remove one board member or even a whole board and you do not even need to have cause to do so. To move forward, you must read your HOA guidelines and if there were any modifications made in terms of legal requirements or any updated procedural actions it is important to determine if these changes were done lawfully. Then, when the process is outlined, calling a special election is next. If the board member or the entire board are unpopular, finding support for the special election should not be too difficult to accomplish. The HOA’s attorney is likely going to try and stop the special election but your Denver HOA litigation attorney can fight back against these challenges. Then it is time for a vote, and if the vote goes well ,you will be able to oust members who have not acted appropriately. Lastly, vote for new members who will serve your community better.
• There are several HOA records that can show malfeasance, and you have the right to view them. You should request the records you are interested in examining, and if you are given a hard time, your real estate attorney can take action to support your efforts and help you get those informative documents.
• Work on efforts to revoke the registration of the HOA management company. If the management company does not have this registration they cannot operate their business and make money.
• If a director was derelict with their use of HOA funds and with their actions, a case can be made against them.
• If your HOA is attacking you for not following rules while allowing others to get away with engaging in the same behavior, then you can mount a tactical and comprehensive defense against their punishment. Likewise, if you suffered penalties from the HOA but defined policies of the association were not followed when the retribution took place, you can combat these punitive measures.

Speak With Experienced Colorado HOA Litigation Attorneys Today

 

When your HOA is treating you unreasonably or acting in a malicious or fraudulent way, there are options that you can take to counteract their abuse. To learn more about how to respond when your Colorado HOA is violating the law, call the Law Offices of Eric L. Nesbitt, P.C. to schedule a free consultation at (303) 741-2354.