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HOAs: Awaiting Final Judgment

Contributed by: Jan Jackson on 10/13/2007


AHRC News Services
Press Release

Jackson vs B Lazy M Ranch Owners Association
A Colorado HOA Lawsuit Awaiting Final Judgment

September 27, 2007
By AHRC News Services

Florissant, Colorado -
On September 25, 2007, Jan Jackson concluded her final legal arguments to the court in her lawsuit against the B Lazy M Ranch Owners Association ("Ranch"). Her lawsuit against the Ranch was filed in the District Court in Cripple Creek, Colorado (Civil Action No. 2006-CV-23), in February of 2006.

For several years before that, she had -- as many HOA/CIC homeowners have done throughout Colorado and this nation -- attempted to logically and reasonably resolve what she believed were very serious Ranch administrative and operational problems by communicating her concerns to various Ranch board Presidents. Jan now awaits the District Court's final judgment in her case which, she understands, can take many months.

While Jan is waiting for that final judgment, she will be moving ahead with her plans to repeal her state's HOA/CIC laws. These laws are codified in a Colorado legislative Act known as "CCIOA" (the "Colorado Common Interest Ownership Act"). The first public step for repealing those HOA/CIC laws will be to create petitions for Colorado registered voters to sign. Then, those signed petitions will be submitted to the Secretary of State to be included on Colorado's 2008 ballot during the elections in November of that year. The locations for registered Colorado voters to sign those petitions will be widely announced through various public media sources, i.e., newspapers, radio and television.

At the same time that Jan is involved in the process of putting the question of repealing CCIOA on the 2008 Colorado ballot, she will also be looking into whether facts exist on the Ranch which might give rise to a RICO ("Racketeer Influenced and Corrupt Organizations Act") action. If those facts exist, those found guilty can be fined up to $25,000 and/or sentenced to 20 years in prison for each count. In addition, those found guilty must forfeit all ill-gotten gains and interests gained through their pattern of "racketeering activity."

When a U.S. Attorney decides to indict someone under RICO, he has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because individuals, groups and corporations which come under investigation and action against them often abscond with their assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

Jan's understanding of RICO, at this point in time, is that there is also a provision in it for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers." This type of lawsuit, like most Federal civil lawsuits, can take place in either Federal or State court. Both the federal and civil components of RICO allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages).

Jan Jackson has a strong intellectual drive toward using facts and law to bring ecological and financial relief to not only beleaguered Ranch homeowners, but to all beleaguered HOA/CIC homeowners throughout the state of Colorado and this nation.

NOTES: Jan Jackson is the editor of:
Colorado Homeowners News and the Colorado HOA Forum.

Click here to contact Jan Jackson

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CONTRIBUTOR INFORMATION

Jan Jackson

Florissant , CO

Jan Jackson has posted 530 stories and 38 comments since joining on 9/14/2005. Jan Jackson 's average story rating is 4.5.
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