Hoping to get some real resolutions to this nightmare that I have been living with for over 15 years. I am a homeowner in Edwards and I am a homeowner that has been paying my HOA dues on time for over 15 years. The HOA board members as well as the neighbors knew that a former property management company had been breaching their contract and fiduciary duties for years. That same property management abruptly quit when I was finally voted to be on our HOA board (the property management company denied my rights to be on MY own HOA board, even after I was voted in) and asked to see our financials, contracts, bids, board meeting minutes, basically what I am entitled to by law. Every single time that I tried to bring up the theft from the property management company, and after the company quit, blaming me for everything, the HOA board members and the other homeowners simply stated that "we are all just going to move forward, rather than to take any accountability. 16 homeowners here, over 15 years of paying HOA dues, and not one single house has been painted, not one single roof has been replaced, not one single tree has been trimmed, we have no irrigation system and the grass is all dead, and the grounds here looks like a junkyard, with people leaving their garbage out, including washers that are broken on their front entrance, old mattresses that have been lying around for years, it's absolutely absurd, and I have documentation of all of this. I can no longer live like this. Lastly, at no point in time have our governing documents, CCIOAS, covenants, and anything pertaining to our legal documents, HOA ever been followed. I simply can't fight this all by myself anymore.

Thanks for reaching out. You’re not alone in the frustration you’re feeling as a homeowner living in a covenant-restricted community governed by an HOA. Paying assessments for years and feeling as if there’s nothing to show for them is far more common in Colorado than it should be. A management company that disregards governing documents and can’t account for years of assessments is a serious issue. The good news is that Colorado law has legal remedies for situations like this, but they are time-sensitive and may require experienced legal guidance to navigate. 

Under the Colorado Common Interest Ownership Act, your HOA’s declaration determines what the association must maintain. This usually includes landscaping, irrigation, private roads, or shared open space. The declaration requires the association to adopt budgets and levy assessments to pay for that work. Hiring a property manager doesn’t necessarily absolve an association from its fiduciary duties, which include maintaining records of expenditures and receipts. 

Reviewing those statements against the assessments paid and work performed—or not performed—should offer clarity. An attorney who deals with HOA mismanagement can help you gain access. Although the association isn’t required to compile or summarize anything for you, having legal representation is an effective way to ensure the association isn’t able to challenge your request on a technicality.

A real estate attorney with knowledge of Colorado HOA disputes can help you determine if you have grounds to compel the association to pursue a breach of contract claim against the former property manager before the clock runs out if it hasn’t already. Legal counsel can also advise on next steps once records are obtained and reviewed. Depending on the specifics, options could include a breach-of-fiduciary-duty claim against the board, injunctive relief compelling maintenance, or even potential direct action against the management company. 

An attorney from our Real Estate Team would be happy to help you with this. Call 303-688-0944 to get started or book a consultation online.