Letter: Property managers will be licensed in 2015, hopefully that will help
Author: - August 1, 2014 - Updated: August 1, 2014
I read Miller Hudson’s recent article concerning problems within an HOA (Statesman, July 25). He mentioned many problems such as the fiduciary responsibilities of HOA Boards, reserve funds, conflicts of interest, special assessments, and the property management company. All the problems are addressed in state HOA law and most likely in the HOAs governing documents. Our organization, Colorado HOA Forum, www.coloradohoaforum.com, addresses these problems with homeowners daily via our web site. What surfaces in just about all these areas is an inability of homeowners to enforce our HOA laws and their own governing documents except through our court system that is too costly for most home owners, too litigious and too time consuming. Thus, unless homeowners gain through law an ability for out of court binding dispute resolution (as explained on www.coloradohoaforum.com/outofcourtbinding.html) these problems will persist.
The problem with reserve funds and conflicts of interest are in current law but when ignored or abused by the HOA Board and property management company homeowners are left to take them to court or vote them out. All the problems you mentioned should be able to be disputed in an out of court venue and gain a decision: this is the number one effort of our organization.
Note, in July 2015, thanks in much part to the work our organization completed through legislation, property managers will be licensed and homeowners will have an ability to file a complaint and get a decision out of court (when such problem involves a property manager and most HOA complaints in fact do).
Colorado HOA Forum