Article Contributed on: 2/6/2009 5:48:44 PM
I mailed a certified letter to the treasurer of my HOA, with email copies to the president of my HOA and my HOA's board of directors on January 19, 2009. That letter contained my 2009 dues and assessments payment and my Letter of Protest.
In that Letter of Protest I stated that my letter (and emails of same) gave "concrete voice to a question that will, sooner rather than later, have to be answered by an authoritative Colorado legal source."
That question was whether or not it was "legal for my HOA to be able to force me -- and other concerned members of my HOA -- to pay what amounts to one or more particular debts when I (and others) may have grave doubts about their legal origins and executions."
I also stated that "I had, previous to my current dues and assessment payments, asked various presidents and board members [of my HOA] that same question."
I then answered my own question by stating that "throughout every state in these United States today, including Colorado, HOA/CID homeowners are questioning, and then challenging in courts of law, the social, ecological and financial authority and control over their lives that their HOA/CID boards of directors, their boards' attorneys, and their HOAs'/CIDs' property management companies regularly demonstrate to HOA/CID homeowners but which often appeared, at least to me, to have dubious legal bases."
I wrote that "I am one of those many thousands -- or perhaps, at this point in time, it has become many millions, nationally -- of HOA/CID homeowners who have so questioned, and so challenged their own HOAs/CIDs." And that it was my "belief that there are many others in my HOA who now appear to be seriously thinking about making such challenges, too, as is happening in HOAs/CIDs throughout my county, the state of Colorado, and this nation."
Then I reminded my HOA president and board of directors that We The People of Colorado will be "filing a petition for a Colorado Constitutional Amendment with our Secretary of State in the Summer of 2010 [a petition which it is hoped will contain many more than the required number of signatures] to include on the November 2010 Colorado ballot (something similar to) the following question:
"Should all homeowners associations and common interest developments be abolished in the state of Colorado."
I then suggested to my HOA president and board of directors that "once that question appears on our Colorado ballots," we would know for sure if my long-held belief is correct that the vast majority of Coloradans do NOT want our legislature to mandate that type of housing for all Coloradans.
I also reminded my HOA president and board of directors that "homeowners (HOA and others) throughout my own county and Colorado have been privately voicing their concerns about HOAs for many years." And that We The People of Colorado now "appear to be ready to actually do something publicly -- Constitutionally -- about the grave injustices that they believe HOA boards of directors and their (often Community Associations Institute aka "CAI") lawyers continue to inflict upon HOA homeowners."
Then I asked my HOA's president and board of directors to "include a copy of the following in the permanent files of my HOA:"
(1) I [
Jan Jackson] have paid, and will continue to pay, my share of my HOA's assessments and other of my HOA's debts -- under protest and without waiver of my rights -- for "lake" water rights and dam repair. However, I believe that said assessments may have been improperly taken from my HOA's membership and will eventually be determined as such in a Colorado court of law.
(2) I [Jan Jackson] will pay my share of my HOA's roads maintenance and repair expenses in the year 2009 -- under protest and without waiver of my rights. However, I believe that, when brought to attention of Colorado Supreme Court justices, or any federal court judge, those justices and judges would find that the facts and the law against such payments were compelling.
(3) As regards the Colorado Appeals Court opinion in my [Jan Jackson's] lawsuit against my HOA, all members of my HOA should now have received (and read) a copy of that Court's opinion. In it, I believe members of my HOA will notice that opinion seems to be very encouraging for law-abiding homeowners in my HOA. Why? Because I believe that Appeals Court opinion seems to show us that law-abiding members of my HOA can be hopeful that facts and law will eventually be a standard practice here in my HOA. In that context, I look forward to once again having conversations and correspondence with all members of my HOA now that the Injunction against my Constitutional right to free speech, sought by my HOA and ordered by the my county's District Court, has been vacated.
(4) As regards Item 2 above: I [Jan Jackson] believe the decisions of my HOA's BoD (and their member supporters) regarding maintenance and repair of my HOA's private roads have been extremely questionable -- ethically and legally. I also believe that if/when the facts and law concerning my HOA's board's decisions around the maintenance and repair of said roads are presented to a strictly facts and law judge in the District Court in my area of Colorado, that judge will find said facts and law to be so compelling against my HOA that he would order monetary and other relief to whoever files such a facts and law complaint.
(5) As regards the construction of new buildings for human habitation and their motorized vehicles here in my HOA over the last few years. It seems, at least to me [Jan Jackson], that an in-depth investigation of all of the facts around all of that new construction by my HOA's property owners should be undertaken as soon as possible by an investigative team that has no connections whatsoever with my HOA board of directors or any of the board's supporters. Then, once that investigation is concluded, if its findings warrant it, legal counsel should be retained to determine what the next legal step should be. Again, no member of my HOA's board of directors or any of the board's supporters should be involved in retaining said counsel.
(6) As regards continuing "pond" and "lake" (and their dams) expenditures, it appears that those matters may already be under review by state and other authorities concerned with such things.
(7) As regards any other of my HOA's expenditures (which includes but is not limited to any type of "assessments") in the year 2009 which have not yet been paid, or any other of my HOA's expenditures in the year 2009 for which my HOA's board may demand I [Jan Jackson] pay my pro rata share, I will continue to pay my share of those expenses. However, this letter/email is to inform all of my HOA's board members that I will pay my pro rata share of those expenses under strong protest and without waiver of my rights."
I concluded my letter and emails to my HOA's president and board of directors by stating: "Having said all of the above, please find our personal check enclosed in the amount of $1,220 in full payment of our 2009 membership dues and special assessments for both Lot 1 [street address of Lot 1] and Lot 2 [street address of Lot 2] which is paid under strong protest and without waiver of my rights." And that my hope and prayer was "that this will be the last dues and assessments check that my husband and I will ever have to write to my HOA."
I then signed my name to that Letter of Protest and sent it on its way to my HOA's president and its board of directors.
Perhaps others throughout Colorado and our country should be sending similar letters and emails to their own HOA presidents and boards of directors?
I am seriously considering bringing that exact question up on my next national radio broadcast on Thursday, January 24th, at 4:30pm (go to
www.blogtalkradio.com/homeowners_associations to listen and call-in).