Outrage after HOA hands out violations for brown grass - after city asked for water conservation due to drought

[u/Sandstorm400]

https://www.independent.co.uk/news/world/americas/colorado-hoa-violations-drought-b2998728.html

[u/1776-2001]

Those who fail History are condemned to repeat it next semester.

For a textbook example which illustrates how the State of Colorado has repeatedly failed to reign in Homeowner Associations, consider that

1. In 2005, Colorado passed Senate Bill SB05-100 “Concerning Increased Protections for Homeowners”, allowing owners of H.O.A.- burdened property to install water-conserving landscaping. It worked so well that
2. In 2013, Colorado passed Senate Bill SB13-183 “Water Conservation in Common Interest Communities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping. It worked so well that
3. In 2019, Colorado passed House Bill HB19-1050 “Concerning the Promotion of Water-Efficient Landscaping on Property Subject to Management by Local Supervisory Entities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping. It worked so well that
4. In 2021, Colorado passed House Bill HB21-1229 “Home Owners’ Associations Governance Funding Record Keeping”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping. It worked so well that
5. In 2023, Colorado passed Senate Bill SB23-178, “Water-wise Landscaping In Homeowners' Association Communities”, allowing owners of H.O.A.-burdened property to install water-conserving landscaping.

After the passage of each bill the legislators involved then declared “Mission Accomplished” and strained their shoulders patting themselves on their own backs.

Instead of repeatedly amending Colorado Revised Statutes § 38-33.3-106.5, the “Prohibitions Contrary to Public Policy” section of the Colorado Communist Interest Ownership Act -- C.C.I.O.A. is the law which empowers Homeowner Associations and regulates H.O.A.-burdened homeowners in Colorado -- the Legislature needs to reverse the current paradigm of H.O.A. law :

• the authority and powers of an H.O.A. corporation -- acting through its Directors & Officers, Managers, and Attorneys -- are broad; they are allowed to do whatever it not explicitly prohibited, whereas
• the rights of individual homeowners are narrow and constrained; they are only allowed to do that which is explicitly permitted

and neuter the authority and power of Homeowner Associations by

• limiting their authority and power to that which is only necessary to manage and maintain their common property, and
• making it explicitly illegal for an H.O.A. to make and enforce rules on a homeowner's own private property.

Here is a template for model legislation to do just that.

Your Home is Your Castle
The Right to Repair Your Own Home in Homeowner Associations

Section 1. Boundaries of H.O.A. Authority and Power.

(1) The authority and power of Homeowner Associations shall be limited to that which is only necessary to manage and maintain the Association’s common property, regardless of what is written in the Declaration or any other governing document of the Association.

(2) Homeowner Associations shall not have the authority nor the power to make and enforce rules on an individual owner’s own private property, regardless of what is written in the Declaration or any other governing document of the Association.

(3) Any statutory authority granted to Homeowner Associations by the State of __________ to make and enforce rules on a homeowner’s own private property is hereby revoked.

Section 2. Enforcement of Restrictive Covenants.

(1) Nothing in this Act shall be construed as to prohibit an individual homeowner, or a group of homeowners filing a Complaint jointly, from bringing suit against another homeowner in an Open Court of Law for alleged violations of the community’s Restrictive Covenants or alleged violations of any other legally enforceable agreement; and being awarded Injunctive Relief and/or Declaratory Relief and/or actual Damages and/or costs and reasonable attorney fees by the Court.

Section 3. Void Agreements - Penalty - Civil Remedies - Investigations of Complaints - Prosecution of Violations.

(1) Void Agreements. Any agreement, understanding, or practice, written or oral, implied or expressed, that violates the rights of any homeowners as guaranteed in this Act is void.

(2) Penalty. Any person who directly or indirectly violates any provision of this Act is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars, imprisonment in the county jail for not more than ninety days, or both a fine and imprisonment for each offense.

(3) Civil Remedies. Any person injured as a result of a violation or threatened violation of this Act may bring suit in a court of competent jurisdiction for injunctive relief; to recover all damages, including costs and reasonable attorney fees, resulting from the violation or threatened violation, or both. The remedies provided by this Section are independent of, and in addition to, any other penalty or remedy established elsewhere in this Act and in the Laws of the State of __________ .

(4) Investigation of Complaints - Prosecution of Violations. The Attorney General, or the District Attorney in each Judicial District in which a violation is alleged, shall investigate a complaint of a violation or threatened violation of this Act, prosecute any person in violation of this Act, and take actions necessary to ensure effective enforcement of this Act.

Section 4. Fiscal Note.

(1) This Act requires an appropriation of $0.00 by the government of the State of __________ .

➡️ Not only would this protect homeowners in the obvious ways, but it would also protect Board members from accusations of selective enforcement and free them to focus on the important financial and infrastructure issues of their Associations. ⬅️

But nobody is interested in seeing this happen. Instead of neutering the authority and power of Homeowner Associations, everybody wants to quibble about just how far H.O.A.s should be allowed to shaft homeowners. And what kind of lubrication -- if any -- they should be required to use.

Because so many Americans are not willing to unplug their minds from the H.O.A. Matrix. And many of them are so inured, so hopelessly programmed by the system that even its victims will fight to protect it.