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What Would *You* Do?

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Contributed by: Jan Jackson on 7/2/2007

This is a true story of a real, albeit beleaguered, woman who lives in what certainly appears to be a very corrupt HOA/CIC in Colorado.

What would you who live inOld Colorado City do if you lived in a homeowners association (HOA) and the President of your board of directors and the Sheriff of your county did what they did to her to *you* and you were hadn't done that which you were accused of?

This is what happened to her and what she's doing (so far) about it.

The Colorado HOA homeowner lady who is actually living through such a nightmare is a woman; a woman who also seems to be quite intelligent and rational, as well as a spunky, law-abiding fighter for "doing the right [ethical and legal] thing" in her HOA.

She has a concealed carry permit which had been issued to her by the Sheriff of her county after a thorough investigation by the CBI (Colorado Bureau of Investigation) -- as happens with all adult folks who apply for a concealed carry permit. A concealed carry permit allows the holder of it to carry a concealed handgun anywhere Colorado law says it is legal to do so. She has had her permit for a number of years without incident.

Then she bought a home in a Colorado HOA/CIC. Some time later, she was attacked (assaulted) by a board member of her HOA/CIC. From that time forward, she carried concealed everywhere she went, even if she was just out in her own yard, as she was told to do by a Sheriff's Deputy in her county shortly after she was assaulted. Why was she assaulted by one of her board members? It appears that assault was just part of the "big picture" in her HOA/CIC that she hadn't yet become aware of.

Shortly after she bought her home in the HOA/CIC, she slowly began to understand that something just didn't seem right in her HOA/CIC. So she started asking her board's President questions about what she had observed that seemed to her to be inexplicable, logically, when she attended board and annual meetings, as well as when she took particular notice of the behavior of many of her HOA/CIC's homeowners, those homeowners private properties, and her HOA/CIC's common areas.

As she continued to research the facts and law of what she observed, she noticed that some members of her HOA/CIC began acting hostile towards her -- most of whom had never met, or talked with, her in person. Then the board President started accusing her of violating the covenants of her HOA/CIC. After that, the President and board began to act on their accusations.

The homeowner, at that point, hired an attorney to protect her legal rights.

The board backed off -- for a little while -- but inexplicable, illogical things still kept happening in her HOA/CIC. She continued, however, to ask probing, facts-and-law-related questions of her board's members (especially the President of the association). She also started writing requests to inspect certain of her HOA's/CIC's financial and other documents -- which was her legal right.

Ultimately, through her own research efforts, she uncovered a lot of sordid history (apparently illegal and quite unethical) about her HOA/CIC and many of its board members, down through the years. So it was no surprise to her, as she continued to seek answers to her questions from her HOA/CIC's board, that the board and some regular members of her association became more and more hostile towards her (some members even angrily told her that if she didn't like living in their HOA/CIC, she could just leave).

Her factual and logical conclusions about all of that were inescapable: Her HOA/CIC appeared to be corrupt to its very core.

She now could very clearly see the "big picture" of her HOA/CIC. So she and her attorney filed a lawsuit against her HOA/CIC. At that point, as the old saying goes, "The [feces] hit the fan."

The lawyer who represents her HOA/CIC (in actuality, the homeowner believes that he appears to give every indication of representing the HOA/CIC President, not her HOA/CIC's membership) is, she believes, a CAI member (the letters "CAI" stand for a very powerful -- financially and politically -- national organization called the "Community Associations Institute," a branch of which has offices in Denver, and whose lobbyists regularly "confer with" (collude with?) Colorado legislators).

For those readers here who aren't familiar with the CAI, please go to the American Homeowners Resource Center (AHRC) web site at www.ahrc.com and type the letters "C" and "A" and "I" (all together like one word) into AHRC's search engine's window. What you will find will not only astound and shock you, but it will probably make you extremely upset and angry (emotions any normal person would experience after reading the news articles, press releases, personal "horror" stories, and other information that pops up from that CAI search).

CAI lawyers (some of whom in each CAI branch office all over this country are also lobbyists in their states), and perhaps many HOA/CIC lawyers in general, usually appear not to represent the best interests of the members of HOA/CICs, but the hidden power-and-money agendas of HOA/CIC presidents and the rest of the board members.

That seemingly being the case, as soon as the homeowner filed her lawsuit against her HOA/CIC, she began to feel the full impact of her HOA/CIC's CAI lawyer's "skills," the details of which would -- when publicly known -- probably boggle the mind of any decent, law-abiding Coloradan. Fortunately for her, her attorney is apparently very knowledgeable about HOA/CIC law and has, so far, stopped the HOA/CIC lawyer from doing financially devastating things to her like putting a lien on her home, illegally; a lien which, in the hands of a CAI attorney, often leads to the loss of an HOA/CIC homeowner's home and everything in it, as well as totally depleting the HOA/CIC's homeowner's life savings.

As this lady homeowner's lawsuit continued to progress, her HOA/CIC President, its board, and many of its members, got more and more hostile towards her. Then they became overtly hostile towards her as she publicly related the facts (truth) to more and more people outside of her Association about what was happening to her inside her HOA/CIC.

Then,another "event" happened that caused, she believes, the HOA/CIC President (or one of the board members, or one of the association members who had been continually escalating their hostility towards her), to tell the Sheriff in her county about something she had said publicly (a general comment which had nothing to do with her HOA/CIC). The Sheriff, however, immediately wrote a letter to her that he would not renew her application for a concealed carry permit (which was due for renewal at that time).

To say she was completely bewildered about that would be the epitome of understatements.

Now, keep in mind all of the above -- especially the last -- if you are wondering if that was the sad and frustrating end of this particular homeowner's problems with her HOA/CIC President, its board, some of its members, and the Sheriff. It wasn't and isn't.

According to her attorney, she has done nothing wrong or illegal. All she did was exercise one of her Constitutional rights. A right that all of us have. All of us, that is, except this particular homeowner (and other HOA/CIC homeowners just like her all over Colorado and this country), in this particular HOA/CIC, in this particilar Colorado county.

A few months later, after she (the homeowner) had responded to the Sheriff's letter, both factually and legally, and the Sheriff still had not replied to her (as he should have, professionally and ethically and legally), another shocking "event" occurred.

Her HOA/CIC President wrote an email to all of her HOA/CIC's members, their CAI lawyer, and the Sheriff. In it, the HOA/CIC President made some very serious accusatory remarks to the Sheriff about the character and emotional stability of the homeowner (the roots of which is a long, sordid story which appeared to have a hidden HOA/CIC agenda behind it). That email contained a Colorado law; a law which the association's President quoted verbatim, asking the Sheriff of the homeowners county whether or not that law pertained to the homeowner. The Sheriff responded to the HOA/CIC President (in writing, no less, with cc's to the HOA/CIC lawyer and the HOA/CIC membership), that he thought that the HOA/CIC homeowner was probably guilty of (some other crime), but not that particular crime.

About that same period of time, the Sheriff remarked to an employee in his office (which the homeowner and her lawyer now have on tape) that he would never renew the homeowner's permit "as long as he was Sheriff."

Does all of the above strike you, theOld Colorado City readers here, as somewhat odd for any qualified and competent Sheriff to say and do? Well, please allow me to suggest that it is not only "odd," but it is totally inappropriate (according the homeowners attorney) -- professionally, ethically and legally -- for a Sheriff to say things like that to an entire HOA/CIC membership, its entire board, and its lawyer. That is, he was behaving as if he were the sole judge, jury and executioner of this homeowner, without the benefit of "due process" -- another right that we all have (or are supposed to have) in this country.

Are the Old Colorado City readers here completely outraged after reading the above? Does it make at least some of you wonder just who in our government you can trust? Well, there's a lot more to this lady homeowner's HOA/CIC story that need to be told so that every HOA/CIC homeowner like her can know that they're not alone in their battles with their HOA/CIC boards and their boards' lawyers.

Colorado's homeowners/taxpayers/voters can, and will, do something about this homeowners' scourge called "homeowners associations" while they, at the same time, rid themselves of their power-and-money-seeking elected public officialsat both local and state levels.

Coloradans can -- and will, in 2008 -- "Take Back" their towns, cities, counties, and state and put them all back under the law-abiding control of themselves -- We The People -- where it belongs.

Stay tuned....

Jan

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Showing 1-10 of 10 comments

Submitted By: Jan Jackson

posted on 7/9/2007 @ 1:25:23 PM

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Hi Gil, ya wanna name that specific HOA/CIC publicly? Also, ya willin' to publicly share that "specific question" here? HOA/CIC homeowners would just LOVE to know what that HOA/CIC "Achilles heel" is that you believe you've found!

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Submitted By: Jan Jackson

posted on 7/9/2007 @ 1:19:03 PM

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To Dave, just did it again. Well Sheet! You know what I mean, doncha? hahahahaha

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Submitted By: Jan Jackson

posted on 7/9/2007 @ 1:18:10 PM

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Dave, Correction on my last note to you. Didn't mean to write "might just to live in." Meant to write, "might just love to live in!" I was laffin' so hard and nodding in agreement so energetically that I didn't pay attention to what I was writing. heehee

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Submitted By: Jan Jackson

posted on 7/9/2007 @ 1:15:14 PM

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Hi again Dave, Sounds like Old Colorado City was, and maybe still is, the kinda city that HOA/CIC homeowner lady might just to love in!

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Submitted By: Jan Jackson

posted on 7/9/2007 @ 12:56:45 PM

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Hi Dave, Yes, she probably would bear a striking resemblance to your "no-nonsense Mother Maggard." Sounds like Colorado's towns and cities governmental bodies may be in dire need of something similar to "the El Paso Claim Club." Re your "elected Organization of Westside Neighbors (OWN). Good for you guys if you can really get the job done. However, with the HOA/CIC homeowner in my story, it appears that there is no organization like that in her area. Her local public officials also may be in cahoots with lots other public and private power-and-money seekers in her area -- including HOA/CIC boards of directors.

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Submitted By: Jan Jackson

posted on 7/9/2007 @ 12:47:13 PM

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Hi Dave, Thanks for your wise comments. But it doesn't seem to me that this particular HOA/CIC homeowner is the kind that would let "egg on her face" develop. She seems to be very thorough when she accomplishes her research. That being said, your knowledgeable comments about gaining the trust of one's investigative news reporters, especially in her local area of Colorado, is well taken.

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Submitted By: Dave Hughes

posted on 7/5/2007 @ 9:04:48 AM

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One thing we have also - is the support of the independent 'Westside Pioneer' weekly newspaper. Which, even when the Gazette ignores problems, covers it, and has really helped keep both the city bureacrats AND our elected officials honest. Only advice I can give, is to really EDUCATE and curry the press - television, local radio, and print media. The last thing 'officials' whether HOA non-profit, company, government want is BAD PUBLICITY. They fear that more than lawyers and lawsuits, angry residents, or bureaucrats. You have a start here, but if the case you report on is inside the Gazette's market area, I would zero in on their news and commentary section. Or that of whatever local paper exists. Bad publicity works wonders. But you have to gain the trust of reporters and not have egg on your own face.

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Submitted By: Dave Hughes

posted on 7/5/2007 @ 9:01:20 AM

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And if that didn't help, she (sounds like no-nonsense Mother Maggard who ran the El Paso House (hotel) at todays 28th and West Colorado Ave in 1860 ) she would have complained to the El Paso Claim Club - the business association which hung horsethives, kept law and order, and recorded all deeds before Colorado was even a Territory or there was even a Sheriff. Now today we don't have a Claim Club, but we have the elected Organization of Westside Neighbors (OWN) which has done a pretty good job representing homeowners and residents and helped solve a lot of zoning, variance, public disturbance problems - and makes sure city officials do their job. It has no 'legal' authority like an HOA might But it sure keeps things on an even keel. And is not corrupt. Since the City 'contracts' with OWN to put out its periodic "Westsider' newsletter to all 8,290 homes inside the westside, its books are subject to audit. No problems there. All is transparent.

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Submitted By: Dave Hughes

posted on 7/5/2007 @ 8:52:39 AM

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Ha! You asked what would 'Old Colorado City' residents do if they got the treatment you report on this particular HOA/CIC? Well, as not only a 30+ year Old Colorado City neighborhood home owner, but the one who researched the history, from the beginning in 1859, and published that history, I can answer swiftly what would have happened. First of all, an armed - probably with a Colt .44 - home/cabin/lot owner, female or male would loudly confront, right out in the middle of Colorado 'Avenue' (which was, from the beginning only a dusty, dirt street) the chief local who was harassing her. And he would start to worry about more than a local land owner dispute.

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Submitted By: Gil Yardeny

posted on 7/3/2007 @ 3:00:53 PM

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Jan, My In-Laws just bought a house that is covered by an HOA. We NEVER realized what a pain they could be. I'm realizing, dayby day, that it was a mistake for them to have bought that house for so many un-named reasons. I would love to contact the specific attorney you mentioned in your article about fighting my in-laws specific HOA. You can contact me at : gyard @comcast.net. There is a specific question I have for him that might just be the "thing" he needs in order to win in court. I'm no expert, but I did attend Law School and it seems to me that I have found the Achilles (?) heel of the associations. Hope to hear from you soon...Gil.

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Showing 1-10 of 10 comments

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Jan Jackson

Florissant , CO

Jan Jackson has posted 409 stories and 37 comments since joining on 9/14/2005. Jan Jackson 's average story rating is 4.45.

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