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Hy21brid 04/20/2011 9:24:00 PM
It's obvious that BOTH sides of this issue were in the wrong. The Myers wanted to start a full on war because they didn't want to help pay to erect a fence that would increase property value, protect residents and fix the existing ill-repaired fence. The the HOA took it personal and started harrassing him and he harrased back. Both sides acted like children.
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City of Louisburg 02/28/2011 5:00:00 PM
I hate it when people in the HOA get all power hungry and are control freaks. Good for this guy! Way to stick it to the man!
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It’s funny how we can develop a list of assumptions about almost every group. I’ve found that there are people of all kinds in all links of london . There are people who do great things and believe in altruism and those who devote their lives to being miserable
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Joey 09/08/2010 7:59:00 PM
Oh! I forgot to mention the incident report that the Arapahoe County Sheriff has on file that claims Mr.Myer assaulted two young
boys for vanalizing a fence,this is the same fence that he is opposed to? Mr Myer's seem to want his cake and eat it too. He argues just to argue, to feed is gigantic ego and will go to any
length to prove his is right. He assaults young kids,accost's old people and women that cannot defend themselves against him. Perhaps Mr.Mcswain should do his homework this time and right the wrong he helped cause in the CCF neighborhood.
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Joey 09/08/2010 7:50:00 PM
Nice going Mr.Mcswain...because of your article the once peacefull
CCF has exploded into violence against Tracy Alvarez! A homeowner recently tried to run into her on her own street. She and her son could have been seriously hurt due to this confrontation. The homeowner now has felony and misdameanor charges against him. If you had done your homework properly you would see that Tom Myers is responsible for getting homeowners so worked up over issues that did not pertain to them. Tom Myers has manipulated and controlled the "crazies" into doing his dirty work. Again...nice going.
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The Truth 05/08/2010 3:31:00 AM
The sad thing is, the home across the street from the Myers' is a complete toilet, yet the board allows it to remain in its same chronically disgusting condition. Explain that, Ken, if you can? Can't? Of course not, given that you are a complete and utter fool and are blind to the retaliatory nature of the lawsuit against the Myers'.
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Sonny Lhungay 04/25/2010 7:39:00 PM
I think Tom should move from this neighbourhood, there are plenty of good residential neigbourhoods in the Cherry Creek area. I Hate others haveing a say on issues when you are the one who pays the mortgage. I could not live in an area where others dictate what one can or cannot do to ones own house.
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Joey's Law 04/14/2010 9:48:00 PM
In any dispute between an HOA and an individual homeowner, the individual homeowner is harming his neighbors, regardless of the circumstances. Like the facehugger in the movie "Alien," harming the parasite harms the host.
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Jenny 04/13/2010 11:44:00 PM
This all comes back to having good relations with your closest neighbors. If the Myers had been able to talk to his neighbor who wanted the fence, and come to an agreeable solution outside the HOA meeting then none of this would have come about.
I live in a covenant controlled community and I violate a couple of the rules as do other neighbors, but we've decided amongst ourselves those things that are truly important to the value of our homes, and more importantly the value of our relationships.
There is no winner in this story, very sad.
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Cheese 04/12/2010 5:49:00 PM
Ken must be a former board member--he's right and everybody's wrong. Now wouldn't you just love living next to that ray of sunshine?
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Ken at CCF 04/11/2010 7:09:00 AM
Do the two of you each have a brain cell that you can rub together? It might help move you out of the imbecile range!
You are just too funny.
Or maybe you're just jealous because you can't afford to live here?
As much fun as it is I really don't want to waste anymore of my time with you. So just be sure to understand I'M RIGHT AND YOU'RE WRONG!!!! Have a nice life living in your rundown neighborhoods.
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Cheese 04/11/2010 12:13:00 AM
Ah, Joey's neighbor weighs in. Another reason to move to CCF!
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Ken from CCF 04/11/2010 12:05:00 AM
Yeah and what's your real name pussy? Joey probably won't use his because of crazy people like you. Everytime Joey or anyone else makes an intelligent comment you ignore the points they have made and can only come up with name calling and insults. That what people do when they have no idea what they are talking about. You're a looser. Just give it up. No one wants to hear from you anymore. You have become boring. You would be better off if you listened to Joey. He knows the truth. You have a lot to learn
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Cheese 04/10/2010 9:19:00 PM
So, there you have it--Joey is the type of person that lives in Cherry Creek Farm. Really makes you want to move there, doesn't it?
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Joey, Don't be a Pussy 04/10/2010 7:16:00 PM
"JOEY"...Why not be a real man, and post under your real name? You live in CCF, stop being a pussy and using a fake handle like "Joey". You have strong words to say, why not grow a pair and stand behind your words.
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Joey and Emporia say... 04/08/2010 2:59:00 AM
Either be one of the "normal" people who lives in HOA, or be one of the "trash" who doesn't.
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Resident of Emporia Cir. 04/08/2010 1:57:00 AM
To: If you don't like living in an HOA....It is so refreshing to hear someone elses point of view expressed in a civil and educated manner. CCF happens to be in an unincorporated county along with some other communities that have pretty much given up on their HOAs like parts of Cherry Creek Vista. Driving through this area it is very obvious that they have just given up. Also, if someone doesn't want to be in an HOA they can always move to Commerce City or West of Federal Blvd or any where around old Denver. I appreciate your comments and agree with most of them but this Joey's mommy guy needs to move to one of these places and leave normal people alone.
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If You Don't Like Living In An 04/08/2010 1:08:00 AM
... you really don't have much of a choice. In the past three decades, nearly all new housing has been built in CIDs / HOAs , due to government mandates and incentives. See http://www.bethyoung.org/ibeth/2008/08/hoas-r-on-ur-pr.html # # And the FAQ at http://evanmckenzie.com/ by a former HOA lawyer: How do cities mandate or require community associations? Many cities require that all new construction must be in CIDs. They do this in several ways, but the most common takes advantage of PUD zoning. Cities have planned unit development zones where housing is exempt from setback and other density requirements. Developers want access to PUD zones to obtain higher density and thus higher profits. So, the City requires all development in PUD zones to have certain features (open spaces, landscape vegetation, perimeter walls). They, the City requires that there must be an entity to maintain features in perpetuity. HOAs are the recommended option. Result: the City in effect mandates HOAs in all new construction within PUD zone.
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Resident of Emporia Cir 04/08/2010 12:01:00 AM
Joey's mom has no idea how hard this board and the two previous boards have worked. Emporia Cir has never looked better than it does now. Up until the attention it has received lately all of the boards have only paid attention to the other side of the neighborhood and let Emporia fall apart. There is still a ways to go because of people like Tom Myers but it is on its way. Maybe the reason Joey mentions Tom Myers name so many times is not because he is obsessed with him but because Tom Myers is obsessed with destroying our HOA. It is his life’s work to break CCF and he won't stop until he does. Again, as Joey said, if you don't like HOAs don't live in one, especially mine.
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Joey 04/07/2010 11:49:00 PM
Ahhh you make me laugh you moron. If you only knew who I really am. Can you say neighbor's page??
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Joey's mom 04/07/2010 10:13:00 PM
Joey Joey Joey, you’re a sick sick man. In three post you refer to the Meyers 26 times. Are your neighbors scared of you? I am… Oh, I forgot you have no neighbor, you run them off and the other neighbor prays like hell for you. Well, that doesn’t seem to be working. The definition of obsession (n) 1. Compulsive preoccupation with a fixed idea or an unwanted feeling or emotion, often accompanied by symptoms of anxiety. 2. A compulsive, often unreasonable idea or emotion. Do you feel anxious reading this? Do the Meyers have a restraining order against you? If not, they should. Joey I think that its time to buckle the belt and worry about your criminal case and the jail time that you need to reflect on the bigger picture of the compulsive obsession that you have with the Meyers. Looks like the Meyers saw you and Larsen for what you are, Bullies, and you lost. Thanks for stating that you will not be posting anymore. You need to get a life or therapy, you lost, move on….
Sincerely,
Joey's Mom
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Joey 04/07/2010 8:00:00 PM
This is a reply to both Kelly and the one who is using my name. Yes, I have sat on a board before in a different state. For the most part everything went smoothly but you can't please all of the people all of the time. If you think that your board members are such idiots then you must be even worse because you and your fellow homeowners elected them. 99% of all homeowners living in an HOA love it there because they want to keep their property values up and don't want to look at a purple house next door or one with a shack attached to the back. The other 1% either can't afford to live in an HOA and should move because they can't keep their house up to the standards they agreed to when they bought the house or they just don't care about their property values or their neighbors. IF YOU DON'T LIKE HOAS THEN DON'T LIVE IN ONE. LEAVE THE REST OF US ALONE WHO ARE HAPPY LIVING IN A COMMUNITY THAT DOESN'T HAVE TRAILERS PARKED ACROSS THE STREET OR CARS UP ON BLOCKS IN THE NEIGHBORS FRONT YARD. You make it so obvious that you are nothing but trash. If you really think that this is the greatest injustice perpetrated upon the American citizen in history, then you better crack open some history books and do some serious reading. I am tired of this back and forth. I would continue to have a war of words with you but I don't want to fight with someone who is unarmed. Don’t bother to respond. I won’t be reading it.
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Joey Doth Protest Too Much 04/07/2010 3:17:00 PM
Joey @ 04/06/2010 8:52:34 PM "Have you ever sat on the board of an HOA? I bet not so until you have you should keep your mouth shut." # # # In addition to the logical fallacy of "appeal to authority,"the tyranny that is an HOA Board reveals itself. I'm sure Joey will work to amend the CC&Rs so that it would be a crime to criticize an HOA Board of Directors. # # # In response to the HOA apologists who harp about their critics having no idea what it's like to serve on an HOA board, read Robert Metcalf's "Position Statement On Common Interest Developments" , available at www.texashoareform.org/Blogs.html [note the upper-case "B" in the URL]. Mr. Metcalf serves/served on the Board of Directors of his HOA in Pennsylvania, and "decided to educate myself concerning CIDs to enhance my performance as a board member. Frankly, what I learned shocked and scared me. The purpose of this paper is to illustrate and provide some possible remedies to what I perceive as the greatest injustice perpetrated upon the American citizen in history." It's a 20 page document that's well worth reading. To those of you being abused by your HOA, you are not alone. # # # Or read anything by Evan McKenzie, who used to be a lawyer representing HOAs http://privatopia.blogspot.com/ # # # Sorry Joey, I don't need to "serve" on an HOA Board of Directors to know how corrupt and rotten the system is.
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kelly 04/07/2010 10:58:00 AM
Joey....You are an idiot
"You just keep hiding your ignorant heard in the sand and..."
I live in a CCC, whomever runs for the board is either an egocentric idiot or a power obsessed little dweeb which by your writing you seem to fall under both catagories.
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Joey 04/07/2010 5:53:00 AM
Stop kidding yourself. By suing the HOA Myers sued all of the homeowners. That's what an HOA is...a Homeowners Association. Yes, it is a corporation but the homeowners are the stockholders of the corporation. The attorney who advised the board to file the motion only after Tom Myers refused to clear his many serious violations was Myra Lansky. Maybe she should forgive her fees since YOU think she gave bad advice. Have you ever sat on the board of an HOA? I bet not so until you have you should keep your mouth shut. Not that anyone owes you an explanation but the original motion filed was simply asking the county court to enter a court order requiring Myers to finish his five year eyesore construction project. Something he legally agreed to do when he bought his house. ABIDE BY THE COVENANTS!!!!!!!!!!!!!!! You obviously don't live in CCF because you know none of the facts. Really none of this is any of your business. Oh, and no one appointed me spokesperson for our beautiful community. I live here and know what's it's like at least before Tom Myers tried to bring it down.
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Joey, Joey, Joey... 04/07/2010 5:02:00 AM
Who appointed you spokesperson for "our beautiful community"? Myers didn't sue 216 home owners. He sued a corporation, which is what HOAs are under the law. That is the legal entity involved. Not a community, not a neighborhood, but a corporation. And as a corporation, HOAs are a defective product [ http://privatopia.blogspot.com/2010/03/bankruptcy-wont-work.html ]. Again, if there is so much concern over the cost to the other home owners, why don't the corporation's board members responsible pay the expenses themselves? Why are they passing along the costs to the other home owners (including Myers)? Where is their sense of community and responsibility? And who was the law firm that led them to take such action? Win or lose, the lawyers get paid, so it's not hard to guess what their motive was.
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Joey 04/06/2010 10:27:00 PM
You have no idea what the truth really is. You are also too stupid to understand how comps work. The horrible workmanship on Myers' house will cause it to be sold at a very reduced price in order to compensate for that unpermitted, code violating thing hanging off of the back of his house which Myers will have to disclose if he ever decides to sell and move away from all the normal, law abiding people in CCF. That in turn will then effect the sales price of all the homes in Cherry Creek Farm. Are you aware that homes on Emporia Circle sell for less than any other homes in Cherry Creek Farm because of Myers and others on the street that have no house pride? Probably not. There have been no massive increases in Cherry Creek Farm. We are lucky to live in a community that has home values that are holding steady. The only angry, seathing people I observe are you and Tom Myers (maybe you are Tom Myers). You say "you lost get over it" You're wrong, the whole community lost because Tom Myers and his gigantic ego sued all 216 homeowners rather than turn in a piece of paper which he agreed to do when he bought his house. You just keep hiding your ignorant heard in the sand and maybe Myers will leave our beautiful community and all will be well.....yeah, right.
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The Truth 04/06/2010 5:52:00 PM
Joey, Joey, Joey,
From your idiotic comments you sound like your name could be Larsen or Alvarez, or one of their dupes.
If Meyers' work would affect the comps, how do you explain 4 homes selling for over $300,000 on his street over the past 3 years? How do you explain the massive increases in value to these homes, and the profits the sellers made?
Like the seething rage you harbor, you sadly can't explain it, because you know you are wrong, mis-informed, and chewing on sour grapes.
For one second do you believe you bring anything to CCF? Here's a news flash--you don't, and you're the problem.
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Joey, You Lost... 04/06/2010 3:01:00 AM
...get over it.
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Joey 04/04/2010 9:45:00 PM
Does this mean good fences make good neighbors? If this were true then Tom Myers would be happy to have a new fence at a substantially discounted cost to him right? Wrong! Tom is happy to be a thorn in the side of the Larsen's and continues to be a pain in the ass in very subtle,covert and antagonizing ways. The fact is Tom Myers has alot of time on his hands due to the fact he has no job. It's not just a downturn in the construction industry as much as it is Tom has no talent as a builder, was probably caught stealing from job sites to get his mismached materials for his addition, and he was one of the 1st to suffer the ill effects of our economy.(anyone could get a job when things were booming unless they had no skill at all). Proof positive is just looking at the structure he is still working on. Tom is a hack and is now being supported by Courtney who has been sucked in by this guys con-man mentality. Alot of people in CCF have been sucked in by Tom's claims that he is the victim, in truth the b.s. he started was all a smokescreen to take the attention away from him and his ongoing addition that was never permited or approved by the HOA. Tom is a perfect example of what is wrong in our society today, he does not want to except personal responibilty for his actions, this boils down to one thing, ego. Lastly, evidence was offered to Westword's McSwayne but he chose to ignore it and print a "Tabloid Trash" article, he should be ashamed that he decided to ignore the truth and print such a one sided article knowing that he could have dispelled Tom's claims, oh wait! That doesnt sell newspapers. What a joke Tom Myers life has become, Courtney should take her half of the settlement money and run as far away from Tom as she can. The funny thing is that Tom alerted Westword to the subpar construction of his addition and now if he ever wants to move (please, please move Tom. No one wants you here) His addition will never pass inspection. This will of course effect the comps in the neighborhood and bring down everyone's property values. Nice going Tom you really did your neighbors a favor.
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HOA Threatens To Break Into Ho 04/03/2010 11:20:00 PM
Think About This @ 03/20/2010 12:22:59 PM --> See the story at http://www.justnews.com/news/22141699/detail.html # # A South Florida couple said their homeowners' association has threatened to break into their home to remove a sign posted in a window....A letter from Association Law Group said, "Should no one be home at the time the Association comes, the services of a locksmith will be utilized and you will be responsible for the cost."...But Local 10 has discovered something Elliot and Frye didn't know. According to the by-laws that govern the neighborhood, which Elliot signed when he bought the house, the association does have the right to enter his property and remove any violations after a written notice.
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The Truth 03/30/2010 6:25:00 PM
The simple fact is this: Larsen and Alvarez's (and the old board's) ill-advised lawsuit against the Meyers' has put the financial health of the neighborhood in jeopardy. It is truly disturbing that their hubris and arrogance nearly ruined the HOA, and for what? What did they accomplish? Adoration from their neighbors? Hardly--Alvarez admits they've lost most of their friends, yet should she be surprised by this?
The great thing is, the trash has been taken out at Cherry Creek Farm. Alvarez is irrelevant and powerless on the board. Larsen is irrelevant. Fortunately, the remaining former board members that instigated this mess will slowly slide back into their black holes.
Cherry Creek Farm is once again a wonderful place to live, with warm neighbors and a spirit of community. One poster earlier said he'd welcome Larsen and Alvarez--well, you can have them, friend.
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Community Associations Institu 03/30/2010 9:53:00 AM
Without an HOA to protect property values and foster a sense of community, Cherry Creek Farms would look like Haiti or Afghanistan, but worse.
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residenttroll 03/29/2010 5:01:00 PM
I wonder what Cherry Creek Farms would look like without an HOA?
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anonymous 03/27/2010 3:40:00 PM
David @ 03/24/2010 1:26:38 PM # # If the HOA corporation's Board of Directors are so concerned about the cost this litigation has imposed on their neighbors, why don't the HOA corporation's Board members pay the expenses themselves, rather than passing the costs onto the other home owners?
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Corporate Communism 03/27/2010 3:33:00 PM
www.huffingtonpost.com/dylan-ratigan/the-cost-of-corporate-com_b_312516.html --> "Lack of choice, lazy, unresponsive customer service, a culture of exploitation and a small powerbase formed by cronyism and nepotism are the hallmarks of a communist system that steals from its citizenry and a major reason why America spent half a century fighting a Cold War with the U.S.S.R. And yet today we find ourselves as a country in two distinctly different categories: those who are forced to compete tooth and nail each day to provide value to society in return for income for ourselves and our families and those who would instead use our lawmaking apparatus to help themselves to our tax money and/or to protect themselves from true competition." Which category HOA corporations are in.
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anonymous 03/26/2010 9:16:00 PM
In response to the HOA apologists who harp about their critics having no idea what it's like to serve on an HOA board, read Robert Metcalf's "Position Statement On Common Interest Developments" , available at www.texashoareform.org/Blogs.html [note the upper-case "B" in the URL]. Mr. Metcalf serves/served on the Board of Directors of his HOA in Pennsylvania, and "decided to educate myself concerning CIDs to enhance my performance as a board member. Frankly, what I learned shocked and scared me. The purpose of this paper is to illustrate and provide some possible remedies to what I perceive as the greatest injustice perpetrated upon the American citizen in history." It's a 20 page document that's well worth reading. To those of you being abused by your HOA, you are not alone. (In addition, see Barbara Hogan's www.texashoaissues.com ).
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Heads HOA Wins, Tails Homeowne 03/26/2010 5:17:00 PM
When an HOA corporation litigates against a home owner -- and often successfully, given the bias of the law in their favor -- HOA apologists cite this as evidence that the HOA corporation is protecting the community from the harm of rule breakers. When a home owner, such as Tom Myers, prevails against the HOA corporation -- a miracle given the bias of the law -- HOA apologists accuse them of harming their neighbors. Like Soviet propagandists, the HOA apologists can be counted on to criticize any element of individualism against the collective efforts of the HOA corporation, HOA property managers, HOA attorneys, and HOA lobbyists to create and enforce a community culture of Corporate Communism. But as history has shown, true Communism can only work if everyone is as virtuous and unselfish as Berry Princess, Dale, David, Winsox, etc. Conservatives and libertarians like to say that "Every action by the government is backed with the threat of violence at the end of a gun." What they fail to realize is that every action by an HOA corporation is backed with the threat of legal fees and foreclosure. That is hardly a framework that fosters the "community" and "neighborliness" that HOA apologists -- in their pathetic phony pedantic patronizing pontifications -- claim they are creating.
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David 03/24/2010 10:27:00 PM
Mr. Meyers did this for his neighbors? Did he think they were too stupid to vote against a special assessment if they didn't want one so he took charge? He enraged his neighbors, stuck them with all the legal costs, and he collected $25,000. How neighborly of him and his oversize ego!
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fred 03/24/2010 8:27:00 PM
From Evan McKensie's book Privatopia, page 131:
People who willingly volunteer to undertake [HOA board duties] often are motivated by a strong sense of community responsibility. But these positions also offer obvious benefits to those who ... enjoy the perceived pleasure of wielding power over others. Those of an authoritarian bent have strong support from [the Community Associations Institute] and the attorneys and managers who advise CID boards to behave in a harsh and even threatening manner in rule enforcement. Those who wish to forbear are standing against the conventional wisdom."
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Dan Murphy 03/24/2010 5:59:00 PM
What Tom Myers has done is what any RED Blood AMERICAN show do. Stand up for your rights. Way to go Courtney and Tom.
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Confidentail Reply 03/24/2010 5:49:00 PM
TMMC and Thier emplyee Haas have been a problem. Hass was rude and unreponsive in CCF HOA meetings. This reflects on TMMC as long as they allow her behavior to continue in any HOA community.
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Confidential 03/24/2010 4:47:00 PM
Reading this article, I thought I was reading about my neighborhood in Castle Rock. We also had an abusive board at one time where the HOA owner was the enemy. Thankfully they are not in power anymore and the new board actually listens and serves the residents and our HOA is on the right track. Our HOA uses TMMC also but this article paints them as monsters with allot of power to abuse people. They are anything but. Be clear that TMMC has no real power and takes orders directly from the HOA Board. The assertion of the article that TMMC is paid a bunch of money and abuses homeowners is dead wrong. They do nothing unless ordered by the board to do so, so do not blame them, blame the board. I know being at HOA meetings that TMMC on many occasions advised the new board to make friends not enemies of the owners and also advises the board on the correct course of action which in most cases is to try to work with residents and not overstep the authority of the power of the board. They are a great bunch of people and this article just paints them wrong. Westword should have done the diligence of asking other HOA’s what they thought of TMMC and I do not mean just the boards but the residents. I think if they would have come to the neighborhood I live in, they would have heard from residents that TMMC is responsive, courteous, and always willing to help residents resolve issues. Too bad they did not do this and was more interested in damaging the reputation of another small business trying to provide good services to people in an industry that many people do not understand. Everyone should read the CCIOA that live in an HOA and understand what the HOA can and cannot do.
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Texas HOA Issues 03/24/2010 3:30:00 AM
http://texashoaissues.com/ About Texas, but most issues, observations, and recommendations are applicable to Colorado. Worth reading for anyone who thinks that they're alone in being abused by the bullies and sociopaths that make up their HOA Board of Directors, HOA property management company, and HOA lawyers. The woman who wrote this does an excellent job of articulating what's wrong with the HOA system in America today, and offers concrete suggestions.
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cyndee 03/23/2010 11:16:00 PM
You would be shocked to learn what the nazi-like hoa boards can do (ever bother to read what's in that hundred page document you sign when you buy your house?) and this situation of one board member making life miserable for a homeowner is all too common. these hoa board members are typically people who have a God complex and too much time on their hands. alvarez and larsen are the worst kind of power abusers. glad someone finally stood up, for most of us, we are not in a financial position to fight.
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anonymous 03/23/2010 4:44:00 PM
"Our goal is to move assessments to the top of the priority list and to impress upon owners that paying assessments is critical to keeping their home. . . . We have developed successful alternatives when traditional collection methods fail, including the use of foreclosures and receiverships." @ www.hindmansanchez.com/lawyer-attorney-1082754.html
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anonymous 03/23/2010 4:37:00 PM
Chris K @ 03/23/2010 7:19:36 AM # # This isn't just your perception. Read "The Myth of Privatopia" (December 17, 2002) at www.sfgate.com/cgi-bin/article.cgi?file=/gate/archive/2002/12/17/carollloyd.DTL Note the part about non-judicial foreclosure, how an HOA can seize your home without oversight by the courts. As, you said, over minor disputes. Using the "priority of payments" scam, payments made by a home owner are not applied to principal, but to fines and legal fees, creating even more debt. This is why I will never give the benefit of the doubt to people like Dale @ 03/22/2010 10:37:30 PM (comment to the other story) when home owners are referred to as "deadbeats" and "delinquents." These stories about conflict and dysfunction in HOAs are not just a few isolated incident, but a symptom of a system that is fundamentally broken and unworkable. Unfortunately, many powerful interests have a stake in HOA model of corporate government.
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Chris K 03/23/2010 4:20:00 PM
Hell yeah way to fight Tom Meyers. I got screwed by the HOA too. You're a bit late on one $50 quarterly payment and soon after it turns into $700 in legal fees. Ridiculous.
There is an army of lawyers behind these management companies and they are abusing the system. They are using technicalities in the law to threaten homeowners and pile outrageous fees and fines onto them.
I smelled something fishy going when I dealed with these HOA lawyers. They don't care. They are there just to rape and pillage using the threat of the courts as their weapon. All over the most minor of offenses.
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anonymous 03/22/2010 11:26:00 PM
I hope that the "new" HOA Board really wants to put these issues behind it. Let's quit being so nit-picky about everything. What are we, 2nd graders? I can't believe the old board and mgmt company actually said all window treatments had to be the same?! And clutter INSIDE can be observed from the outside must be cleaned up? If I would have known this history before buying in here, I wouldn't have bought in CCF. This is unacceptable behavior for an HOA - even the HOAs in Cherry Hills don't take things this far.
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Melanie 03/22/2010 7:28:00 PM
I think Myers is making a huge mistake by fighting it. for that money to get a fence up that would be an improvement to the neighborhood it not only perhaps help with safety, but with appearance. When it is time to sell he may wish he had a fence. A 9 ft fence to block out headlights and ugly campers along with an apartement building sounds pretty good to me. Especially since it's not costing that much for the homeowners. There are more important things in life to argue about. It's just a fence Cherry Creek Farms residents. Boo hoo. I feel so bad for all of you.
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Rick 03/21/2010 8:41:00 PM
anonymous 03/21/2010 7:50:53 AM This is the text to which you pointed. I think that if read carefully you will see that the refence to HOAs assumes certain things which most of the comments on this site dispute. By the way this is a reprint from the Boulder Daily Camera not an Independence Institute original.
Government has no right to legislate how you build on your property. However, if you’re concerned that your neighbors will block a scenic view, or paint a mural of Elvis on their house, there are ways to deal with such potential conflicts without empowering government to make one-size-fits-all legislation.
One approach involves what Professor Robert H. Nelson calls “Privatizing the Neighborhood:” buying a home affiliated with a homeowners’ association (HOA) that has an architectural rules committee. [See here, here, and here] Unlike a government, HOAs cannot extend their jurisdiction to homeowners who have not opted in. Since HOAs are very local and small, participants are often neighbors and hence have incentive to settle disagreements in a civil manner. You would also have more influence on your HOA than on Boulder City Council.
A different approach uses common law rather than legislation. Under English Common Law’s “ancient lights” easement, neighboring property owners could own the space above a neighboring property. For example, if they are long-time owners and construction of a tall building would block light from reaching their property. A developer wanting to build a tall building could conceivably offer to purchase the easement for a negotiated price. Conversely, concerned citizens could negotiate a light and air easement over a property.
Compared to the proposed “pop and scrape” legislation, HOAs and common law traditions allow for variations in individual preferences and situations and allow creative methods of conflict resolution. Rigid legislation does not allow for that, and just rouses political conflict.
This originally appeared in the Boulder Daily Camera, February 28th, 2009.
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Diane Wolfson 03/21/2010 6:05:00 PM
I do think it's somewhat unfair to blame the attorneys and the management company for the board's conduct. Unfortunately, this kind of vindictive and personal behavior by an HOA board against home owners who speak up is all too common. I am an attorney who specializes in HOAs. I consult with many HOA boards with the goal of helping them treat all owners equally and fairly, and I represent owners who are trying to fight back.
Diane Wolfson
wolfson@telluridelaw.com
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anonymous 03/21/2010 4:51:00 PM
JL 03/20/2010 @ 8:46:43 PM # # According to the Independence Institute, "HOAs are very local and small, participants are often neighbors and hence have incentive to settle disagreements in a civil manner." www.i2i.org/main/article.php?article_id=1702
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JL 03/21/2010 5:47:00 AM
Although I completely support having consistent standards within a neighborhood, my own personal interactions with an HOA has shown me, albeit through anecdotal "evidence", that these folks tend to be petty, power-hungry, and unreasonable. The tenor of any communication I have received has always been aggressive, accusatory, and condescending.
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teedub 03/21/2010 4:10:00 AM
The interesting part of this article is that this happens all over the country on a routine basis - from very expensive to moderately priced communities. I agree with all of the comments that HOAs & mgmt companies have over-stepped their boundaries and tend to be a bit fanatical.
On the other hand, HOAs are often beholden to the management companies who have loftier ends in mind. They do not receive the majority of their fees from the annual stipend, but rather from requiring HOAs to reimburse them for legal or contractural oblications related to enforcing "the contract" (many times to lawyers who are part of the mgmt company). I have been in several different states with HOAs & mgmt companies, and have seen them at their worst - including applying liens on homes who are one-week late on a $360 annual fee to forcing homeowners to change exterior paint or landscaping that was approved by the previously-elected board.
The best solution would be to have an annually-elected local HOA without a management company. If they are over-bearing or do not perform their responsibilities, they would only be in place for a year at most. The HOA can always overturn the need for a management company with a majority vote (as described in most contracts).
There are definitely always power-grabs involved, but for the most part, HOAs want to retain local property values by requiring consistency from the homeowners...this is contractually described in the covenants signed at closing. Those who choose to fight do so at their own risk with little recourse, as we have recently discovered when forced to pay a $100 increase in monthly assessments to cover "developmental risks" in our community.
Good luck, all.
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Shocked 03/20/2010 9:36:00 PM
All I can say is WOW, people really act this way!!! I cannot wait to move, just 6 more months.
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Think About This 03/20/2010 9:23:00 PM
anonymous 03/20/2010 9:48:32 AM - I believe that there are laws against trespassing which would prevent the HOA Board from entering an owners home to inspect the interior. I also believe that these laws limit an HOA Board's authority to set foot on a owner's property. If it came down to it, I guess the owner could call the police and have the intruder removed. Having said that tell me again why HOAs are good for building community?
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Elizabeth 03/20/2010 7:39:00 PM
This article is so full of mis-truths not to mention grammatical and spelling errors it's hilarious and at the expense of CCF homeowners property values! What fools you all are! This is nothing but a propaganda and marketing stunt to 'drum up' business for the less-than-reputable attorney. Isn't part of responsible journalism obtaining and verifying the FACTS before printing? The very first sentence of the article is a lie!!! Tom AND Courtney have NOT lived here 10 years!!! Check the Arapahoe County Assessor's website! Why didn't Tom mention that he was forced to step down from the CCFHOA BOD several years ago by the current President, Jayne Cordes due to a questionable business contract that Tom was involved in for work done at CCF!!! Oh, did you forget that LITTLE piece of juicy information, Tom?
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anonymous 03/20/2010 6:49:00 PM
Give Me A Break 03/20/2010 9:13:11 AM >> "You mean to say that you can tell a homeowner what color to paint thier interior walls or that they must use a certain type hardwood floor or carpet." # # Short answer: Yes. # # Even if it was not in the HOA rules at the time of purchase, the rules can be amended later. Rules are rules. If I'm wrong (and I hope I am), I'd appreciate it if somebody would cite the statute or case law prohibiting HOAs from making rules regarding the interior of a home. Again, I don't agree that it's right, just that it's legal in the absence of any type of Bill of Rights for individual home owners. Unfortunately, much of what HOA corporations do is perfectly legal. 10 years ago, The Onion published a Point-CounterPoint feature about Government Dystopia vs. Corporate Dystopia, available at http://www.theonion.com/content/node/34162 Under the HOA model of corporate government, we'll have the worst of both worlds.
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anonymous 03/20/2010 6:29:00 PM
Give Me A Break 03/20/2010 9:13:11 AM. # # (another) Anonymous @ 03/20/2010 6:38:56 AM asked ""Since when does an HOA feel empowered to tell us what we can and can't do INSIDE our homes?" I'm not saying it's right or ethical, I'm just citing case law. Under the governing documents of an HOA corporation, home owners don't have anything like a Bill of Rights to limit the power of their "privatized government." As much as Representative Ryden's intent is noble and worth, an Ombuds Office that advocates for the rights of home owners is powerless when there are no legal rights of home owners to advocate for. In the case of HOAs, the law is very one sided. See the comments by Even McKenzie -- a former HOA lawyer himself -- at http://privatopia.blogspot.com/2008/08/gun-rights-vs-freedom-how-take-your.html
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Give Me A Break 03/20/2010 6:13:00 PM
anonymous 03/20/2010 6:49:53 AM. It sounds like your interpretation of (Nahrstedt v . Lakeside Village Condominium Assn. (1994) 8 Cal.4th at p. 373). is way to general. You mean to say that you can tell a homeowner what color to paint thier interior walls or that they must use a certain type hardwood floor or carpet. This feels like more Alvarez/Larsen - "I will peek over your back fence and into your windows for I am on the Board".
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Anonymous 03/20/2010 6:12:00 PM
anonymous @ 03/20/2010 6:49:53 AM
Anonymous @ 03/20/2010 6:38:56 AM >> "Since when does an HOA feel empowered to tell us what we can and can't do INSIDE our homes?" # # In exchange for the benefits of common ownership, the residents elect an legislative/executive board and delegate powers to the H.O.A. board. The courts have ruled that this delegation concerns not only activities conducted in the common areas, but also extends to life within "the confines of the home itself" (Nahrstedt v . Lakeside Village Condominium Assn. (1994) 8 Cal.4th at p. 373).
A condo association is quite different from an HOA when you are talking about attached multi-family units compared to single family homes. It's very common for Condo associations to place restrictions on build outs within a condo or townhome. It would premature to assume a previous court ruling of a condo association to an HOA that oversees single family homes.
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anonymous 03/20/2010 3:50:00 PM
Anonymous @ 03/20/2010 6:38:56 AM >> "Since when does an HOA feel empowered to tell us what we can and can't do INSIDE our homes?" # # In exchange for the benefits of common ownership, the residents elect an legislative/executive board and delegate powers to the H.O.A. board. The courts have ruled that this delegation concerns not only activities conducted in the common areas, but also extends to life within "the confines of the home itself" (Nahrstedt v . Lakeside Village Condominium Assn. (1994) 8 Cal.4th at p. 373).
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Anonymous 03/20/2010 3:39:00 PM
Okay, so the article left out a few things. First of all, approximately 8 years ago, a new perimeter fence was placed around the neighborhood. We were excited at first, thinking that meant a new fence around the ENTIRE perimeter. Our house is one of those that backs up to the apartments. But then we were told that it only applied to the OUTSIDE perimeter, which was in plain view of people driving by our neighborhood. So in the intervening years, some of us paid big money to replace our back fences. After all, they were 30+ years old. Suddenly, the fence line that backs up to the apartments IS a "perimeter fence", and will be replaced at our expense. WIthout us having any say in how much it will cost, what it will look like, or who will do the work. Oh, and anyone who recently replaced their fence will have it knocked down and a new fence built in the interest of standardizing the fenceline. THAT was the issue for many of us.
Secondly, when we moved into this neighborhood, the HOA was fair. Walk throughs were conducted in the spring and fall, and the people doing them were FAIR. Suddenly, TMMC is involved, and drive throughs are being done weekly. And they are telling us that our gardens are 'untidy' and our driveway has a single crack so it must be entirely ripped out and replaced, (even if it was just done last year,) and (get this), "window treatments must be the identical in every window." The kicker for many of us was the window rule and the notice that came out in one of our newsletters, chastising us and saying something to the effect that when the management looked through the open windows of some houses, clutter was evident, and this was detrimental to the neighborhood so we should clean our houses more thoroughly. Since when does an HOA feel empowered to tell us what we can and can't do INSIDE our homes? I think that says a lot about the mindset of that particular board. Can you say, "power hungry?" THe other issue is that rules were not enforced equally throughout the neighborhood. When one homeowner was told that the color she had stained her stairs was "unacceptable by HOA regulations," she was able to photograph 3 other houses that used the same stain color in the last year and they were not cited. One member dropped off the architectural control committee because it did not escape his attention that at least two Latino members in the community were cited frequently for minor infractions that were never an issue on surrounding homes.
Lastly, the article neglected to mention the sham vote that was taken at that meeting where all the property owners turned but, in the end, voted to allow the board to stay on. FIrst of all, the board called everyone in the neighborhood multiple times, trying to get their proxies if they were not going to attend the meeting. And if they got your proxy, they made sure they were valid. Interestingly enough, of the proxies obtained by neighbors for neighbors who were against the board, at least 75% of them were ruled invalid. "Oh, I am so sorry. There is a $3 balance on this homeowner's HOA account that was interest on a fine levied in 1982 and never paid." Something never mentioned before, but suddenly it was an issue and that vote was not counted. So in the end, the board voted themselves back in, as they held all of the legitimate proxies. Oh, and lets not forget the childish whoops, laughter, finger pointing and "happy dances" they stood up and performed when the final vote was read. It was without a doubt the most immature and sickening thing I had ever seen, and was the reason I stopped going to board meetings and lost all respect for the board and the management company.
Thanks so much to the Myers family for taking a stand and bringing attention to this issue. I had not heard this part of the story before, but please know that there are those of us in this community who are thankful for what you have done for us.
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anonymous 03/20/2010 12:16:00 PM
There's no news like old news, especially when it's this juicy.
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proud mary 03/20/2010 5:15:00 AM
Our family has lived in this warm and wonderful community for 15 years. The HOA has always been moderate and reasonable while encouraging ongoing property maintenance to maximize property values. It's disturbing to think that a handful of overzealous, self-serving individuals might make this extreme event our community's legacy. Our true legacy should be that this community came together with a three to one vote to seat a new board and reclaim the peaceful neighborhood we know and love. Let's put this old news and pettiness behind us and move on with our lives.
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PDizz 03/20/2010 5:08:00 AM
Did anybody else read into this???
"On one of those afternoons, another neighbor took photos of Alvarez standing in the shrubs snapping photos of the Myerses' back yard"
Creepy Stalker? Check.
"Alvarez is still serving on the board; Larsen has left."
Still on the board and attending meetings. Check.
Tracy Alvarez commenting on her own board meetings, "It's only the crazies that come to the board meetings anymore."
Admitting that you are crazier then a shit house rat. Check.
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Sandy 03/20/2010 2:15:00 AM
Ahhh TMMC and Haas AGAIN!!!!!!!!!!!!!!!!!! If HOAs and their boards are realley effective why is there so much anger toward them. Sounds like incometent people who can't do a real job get on these borads. I have yet to see really good cusotmer service from a board or managment company. Who relly needs someone else to tell them how to live. From the tone of the some of the comments and the articles HOA communities come of like petty little snake pits.
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Anonymous 03/20/2010 1:12:00 AM
I am a resident of Cherry Creek Farm. This situation described in this article is unfortunate and could have been handled differently if the parties involved would have been able to communicate however their personal relationships were not favorable to begin with. Additionally, in the 30+ years of this community, residents have enjoyed a wonderful existance here with substantial increase in property values, a great location, great schools and believe it or not great neighbors. It is unfortunate that this situation escalated to this point, but it is not representative of the 200+ homeowners who live here nor is it acceptable to them. I would only hope that readers understand that once in awhile in a community of this age there is bound to be a situation that is less than desirable. The Cherry Creek Farm Board and its homeowners have worked well for a long time together to make this an outstanding neighborhood. The covenants in this community maintain a standard of excellence for homeowners who are interested in keeping their property values up and protect one of the largest investments they will ever make. As far as HOA Board members are concerned, I commend anyone who takes time out of their family life and jobs to volunteer on behalf of their community. Most homeowners would agree that Board members have a rather thankless task but any normal individual appreciates that an HOA has to have a Board of Directors to keep their community association running.
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Rick 03/19/2010 11:45:00 PM
I think both sides are wrong. The HOA wasn't doing its job in enforcing the rules otherwise the Myers would have heard about and had to finish their deck. A better way to have handled payment the fence issue would have been to make their suggestion and if the board turned it down offer to pay for the section behind their own house out of their own pocket. The HOA is only reponsible for constructing or maintaining what was originally constructed. HOAs are not a bad thing and keep up property values IF they are properly run. Sounds like the majority of homeowners are happy with the present board. One cannot gripe about HOA rules when their own deck sits unfinished for 5yrs.
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WHO 03/19/2010 9:12:00 PM
Ate Victoria and the Berry Princess really Alvarez and Larsen. If so at least one sees herself as a princess.
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Dustin 03/19/2010 8:14:00 PM
Sounds like Ms Alvarez needs to be slapped back to reality. I worked in construction for 42 years and saw enough of this type of person to make me very happy to have reached retirement age. Without her position on the HOA Board she is an absolute nothing hungering for power over her fellow man. She needs to personally pay for all damages out of her own pocket and not penalize the HOA Association members fo he arrogance.
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fred 03/19/2010 8:10:00 PM
Here are specific suggestions for Rep. Ryden...
Recognize that HOAs are quasi-governmental bodies, not private clubs joined voluntarily, and are therefore properly regulated to perserve the freedoms and prerogatives of property owners.
HOAs must bring suit only in small claims court
Invalidate all covenants allowing HOAs to trespass as one of their enforcement powers
Cap fines and other punitive assessments
Require permitting authorities to be neutral with respect to whether HOAs are created.
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Denverbubba 03/19/2010 4:05:00 PM
Others have stated the OBVIOUS. Don't buy a home in an HOA. Then you don't have to deal with 5 simpletons shoving blandness down your throat.
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victoria 03/19/2010 6:00:00 AM
First of all I am very disappointed in Westword for publishing such a one-sided story. Clearly Mr. McSwane wrote this story about Cherry Creek Farm and the one about Highline Meadows without the impartiality of a true journalist. My only guess is the attorney involved with both, Chris Chambers, is behind the stories. Even if the topic is the same, HOAs, the stories are very different. I can see the challenges the Cherry Creek Farm HOA faced in trying to maintain and improve the neighborhood for the homeowners.
So in one article the HOA is blasted for not keeping up with repairs in Highline Meadows. I do feel for Mr. Tarde and the other homeowners in Highline Meadows. When you are living in a multi-family complex you expect your HOA to do their job and make sure you really do have a roof over your head. Clearly even your HOA realizes the problem and wants to fix/replace the roof; the money for it is another issue. However, when the Cherry Creek Farm HOA attempted to replace a 32 year-old fence, they are the bad guys. What would McSwane have written if someone would have really been injured or victimized, as the Myerses claim to be, due to a HOA not replacing an unsafe, run down fence?
So Mr. Myers feels he is being picked on because he did not agree with the fence project. Mr. Myers, a construction contractor, took FIVE YEARS to complete a patio enclosure. ARE YOU KIDDING??? What about his neighbors that had to live near him for 5 years and their property values? Not only is five years ridiculous, he did the project without the required approvals? A CONTRACTOR? Shame on you! I can only imagine what the paint job and enclosure must look like. HOA or not, who wants to live next to a five year construction project? If anyone with the name Tom Myers shows up at my house to bid a project, I know not to hire him (thanks for including his photo). Consumers beware. If you think homeowners are powerless against a HOA, wait until a bad contractor files a lien against you. And we know Mr. Myers already has an over zealous attorney. Even the new HOA president Ms. Cordes said the Myerses were in violation of HOA rules but they were forced to settle.
To those of you that hate HOAs and do not want to follow the covenants they enforce, DO NOT LIVE IN OUR NEIGHBORHOODS!!!! You may think the HOA divided this community, it sounds like the Myerses did. They wasted lots of time and money when all they needed to do was comply with the covenants of their community. Tom Myers even admits it was his lawsuit the enraged the neighborhood. For those of us that commit to live by the rules set forth at closing in a home we have chosen to buy, the HOA allows for neighbors to be notified when they are not keeping their property up to the standards required to maintain property values without creating a direct conflict between neighbors. They also maintain the common areas (parks, playgrounds, pools and fences) most of us living in Colorado enjoy in our communities. I would expect that my HOA would require a run down fence be replaced and a home addition be approved and COMPLETED IN A TIMELY MANNER.
Finally, if the point of the articles were to show the need for an ombudsman office, it seems most of us agree. However, that comes with an increased cost and what will homeowners like Mr. Myers do when they are told to fix up their “slum” by a third party. Congratulations to Mr. Myers for dividing a neighborhood of 33 years in only 2, please do not move to mine. Ms. Alvarez and Ms. Larsen are welcome to move to my community anytime and I wish the people in Highline Meadows the best in getting dry and safe buildings to live in.
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Berry Princess 03/19/2010 4:00:00 AM
Having served on a BOD for 6 years, and fully understanding how HOAs work, it is unfortunate that residents are so uninformed. When you purchase a home in an HOA, you agreed to abide by the Declarations of Covenant, Rules and Regulations and Bylaws of the HOA. Board members have a fiduciary responsibility to work to maintain property values and see that he rules are enforced. If a homeowner fails to get involved in their own community and help the BOD make decisions, shame on them. Quit blaming Property Managers for what is the responsibilty of BOD members and homeowners (one and the same). In order to maintain all of the amenities and make capital expenditures, as well as pay the landscaper, make repairs, pay for snow removal, etc., dues must be paid and it is the BOD's responsibility to ensure they are paid. And, raise dues appropriately in order to pay those bills and have a reserve account for capital expenditures. When will homeowners wake up and quit blaming others and thinking the Legistlature must solve their problems? Homeowners enter a contract and agree to the rules. period. If homeowners would take responsibility for their own actions, get involved, and work with the management company to make wise decisions, the Legistlature could go about their business and not have to manage petty little uninformed homeownwers who refuse to manage their own lives. You are part of a community...act like one and quit fighting with your neighbors and everyone else. As for those little BODs who act so uncivil to homeowners, homeowners wake up and smell the coffee. Vote them out and get a BOD who works FOR you and not AGAINST you. BOD members who harrass their managers and homeowners should be the ones arrested and not homeowners. We are adults and should act like one....get off the sofa, attend your meetings, learn what is going on, read the documents you receive on the date of your closing when you purchase your home, and grow up. Management companies are not villains...don't treat them like one. They can only spend money that the BOD tells them to spend. They can only make repairs if the BOD directs them to hire a contractor and do so. So, homeowners, wake up, get to your Board meetings and help your Boards and tell them your needs. If they don't respond, remember you have a choice. Get them off the Board and get someone who will make wise, informed decisions for the benefit of your community.
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Drake 03/19/2010 12:22:00 AM
Hoas really need to be regulated they do all sorts of stuff that they should not be allowed to. I make my living as a door to door sales man. I have a policy if a home owner has put a no soliciting sign up.... I don't knock. If they have a no trespassing sign, I don't enter their property. If the city requires I obtain a license to knock I get it. I use the sidewalk and not the grass. But I'm constantly being escorted by the police out of neighbor hoods all over Denver becuase 4 people on a HOA board don't want me there. That's CRAZY! HOA decisions should have no legal standing period. Let alone take away the individual home owners right to choose who they do an do not want on their door step.
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A. T. 03/18/2010 7:56:00 PM
I truly do feel for Mr. Myers. It is obvious from the comments of Tracy Alvarez and the actions of her husband that they are the true aggressors to this situation. There are many people in totally unmanageable situations with their HOA's. But Mr. Myers should take solace in the fact that he only pays $497/yr for dues ... my HOA fees are $2400/yr at Park North in Thornton. And for this we are lucky to get our grass mowed. Mismanagement at HOA's is renowned and there is ZERO recourse for homeowners because they know if they rock the boat there will be repercussions. Count me among those who are praying for an HOA Ombudsman office. I am locked into what has to be one of the least helpful HOA's (especially considering the cost) in the entire state because in addition to the hideous housing market, I also pay $200/month in HOA fees. The purpose of HOA's is to maintain housing values but it has become clear to me that it is only a tool for power hungry people to take advantage of their neighbors.
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Puzzeled 03/18/2010 7:33:00 PM
Sounds to me that the neighborhood could be improved if Alvarez and Larsen would move. But please not to my community.
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QuestionMan 03/18/2010 7:25:00 PM
The web is full of article expressing concern about HOAs and their abuse of power. It is difficult to accept the fact that when you move into an HOA community you in effect sign away your property rights to yet another level of government which seems to have less accountabilty than city, county, state and the federal government - a god knows they are not very accountable. Larsen and Alverez seem to have a Facist mentallity.
Do HOAs really do more than take the money of the residents???????????
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anonymous 03/18/2010 6:42:00 PM
corky @ 03/18/2010 8:07:38 AM "Wonder how much the Myers' lawyer made out on this deal?" >> Probably less than the HOA's attorneys made. Even though the HOA ended up conceding, the HOA will still charge the home owners for the attorney fees. The corporate structure of HOAs protects the board members (but not home owners) from personal liability. See my comment at 03/17/2010 7:11:00 PM.
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Joe Owner 03/18/2010 6:21:00 PM
I thought the article should have included TMMC Inc. a bit more since they are the obvious villains and orchestrator of this chaos. Denise Haas with TMMC most likely persuaded the Board and there actions just like at Highline Meadows. Its called "Retribution" and Tom Myers was a Victim but in the end he Won against all ODDS!
I hope TMMC goes away one day from Highline Meadows so the people can gain control back of our monies and dignity and most importantly get new roofs.
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Justin MacLean 03/18/2010 6:11:00 PM
I live in this neighborhood.
This seems to me to be a pretty accurate representation of what has happened here, so nicely done, Westword. As much as it pains me to see all this dirty laundry in print, this article is a pretty faithful representation.
I would like to add a comment, however, on what a *nice place to live* CCF has been, even during the circus chronicled here. For me, the neighborhood is very friendly, exceedingly close to work in the Tech Center, gives my kids the chance to go the the best schools in the area, and is quite well kept. There are no slums here. It's the kind of neighborhood where the kids play together in their front yards and their parents hang out together over a beer.
The over-reaching HOA was a *minor* downside to life in the neighborhood, but as this article mentions, even the conflict there is subsiding. CCF Rules!
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Elwood 03/18/2010 5:56:00 PM
Should an HOA board member be calling members of said HOA "crazies" in a print/online publication? Wow.
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anonymous 03/18/2010 5:41:00 PM
"We're trying to prevent litigation that really, in most cases, neither side can afford," * * * Ha ha ha! As long as the legislature and courts make it extremely profitable for HOA lawyers and property management companies to litigate, they will have no incentive to mediate with any mediator. _ By defining "reasonable attorney fees" far and above what those of us who were never lawyers call "reasonable" (eg, spending $10,000 to collect $100 in late fees with right of foreclosure) powerful interest groups will use the current system of perverse incentives to feed off of home owners. _ Keep in mind that home owners have to pay for the HOA attorneys used against them, in addition to their own legal representation. _ Until HOA fines (as opposed to principal assessments) go to some general fund (such as the city or county), HOA corporations will have every incentive to create strife and conflict with home owners. _ As much as I support the idea of a neutral ombuds, at best it will be worthless window dressing, and at worst corrupted by the HOA lobby.
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Jon 03/18/2010 5:33:00 PM
Wake up, people. You sign a dead with the HOA rules and bylaws and covenents when you buy your home. Don't buy it if you don't want to have an HOA! You have the duty, obligation, and right to vote in who you want to be on the board. Don't complain about the consequences. It is your fault if you let the HOA boards become power mongers.
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corky 03/18/2010 5:08:00 PM
Wonder how much the Myers' lawyer made out on this deal?
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Karl 03/18/2010 4:29:00 AM
Why do these people need an HOA anyway? They should close it down and save themselves both the dues and the headache. They already pay property taxes. Why pay more to be jerked around by these little self-esteem-challenged dictators? It makes no sense.
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BigBenFactor 03/18/2010 4:28:00 AM
Good grief. HOA jerks did abuse their power. Why should homeowners in HOA ghetto have to pay for fences like that? Homeowners can pay for fences for between houses, as for perimeter fence, should be paid for with maintenance fee.
I would never live in such a filth. Socially-wise, it is filth. Look what happened. Friendships are shattered. Will forgiveness abound?
Socialist crap. The age of Obamaism. Oh, I am babbling.
Just behave folks.
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anonymous 03/18/2010 4:26:00 AM
Jeff @ 03/17/2010 5:01:50 PM > "Honestly, I will never figure out why anyone would live in an HOA." Because consumers often have little choice, and their consent is not informed. In addition to "The Myth of Privatopia" (see previous comment), read Evan McKenzie's FAQ at evanmckenzie.com (McKenzie was a former HOA lawyer, and now teaches at University of Illinois): "How do cities mandate or require community associations? Many cities require that all new construction must be in CIDs. They do this in several ways, but the most common takes advantage of PUD zoning. Cities have planned unit development zones where housing is exempt from setback and other density requirements. Developers want access to PUD zones to obtain higher density and thus higher profits. So, the City requires all development in PUD zones to have certain features (open spaces, landscape vegetation, perimeter walls). They, the City requires that there must be an entity to maintain features in perpetuity. HOAs are the recommended option. Result: the City in effect mandates HOAs in all new construction within PUD zone." The growth of HOAs have been supply driven by developers and government, not demand driven by consumers.
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anonymous 03/18/2010 4:11:00 AM
A good primer on the HOA issue is "The Myth of Privatopia" (December 17, 2002) at http://www.sfgate.com/cgi-bin/article.cgi?file=/gate/archive/2002/12/17/carollloyd.DTL
According to the Independence Institute, self-described as Colorado's Free Market Think Tank, "Since HOAs are very local and small, participants are often neighbors and hence have incentive to settle disagreements in a civil manner."
http://www.i2i.org/main/article.php?article_id=1702
As a small "l" libertarian, I find it frustrating that advocates of private property rights, such as the I.I., don't realize that HOAs are one of the biggest threats to private property rights in America today. HOAs have the power of small governments, but are shielded as corporations.
And as corporations, HOAs are defective products. Corporations are legal entities created to limit the personal liability of a shareholder. But for a members of HOA corporations, their most valuable personal asset is always collateral to whatever debts the HOA corporation creates. The HOA corporation's main asset is the legal ability to lien and foreclose, and collect money from homeowners.
http://privatopia.blogspot.com/2010/03/bankruptcy-wont-work.html
In an HOA, you never truly own your home, even if the mortgage is paid off.
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Jeff 03/18/2010 2:02:00 AM
Honestly, I will never figure out why anyone would live in an HOA. Only an idiot would want some small-minded dopes to control their living space that THEY own.
I'm glad that the Myers's fought back, but I don't have much sympathy for those who live in HOAs.
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Dennis 03/18/2010 1:35:00 AM
Who in their right minds would want to sit on an HOA board and participate in all the mind numbing activities it entails? Of course, nobody sane. In fact, the only people who would willingly sit on an HOA board, are exactly the types of people who should never be able to. They use the HOA to fill a void in their lives.
They immediately abuse other people's money to settle personal vendettas. They have the power to make anyones life miserable, while being completely insulated from the fallout themselves.
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allen 03/18/2010 1:20:00 AM
This situation could have been prevented if TMMC and the HOA board had better communication and dialogue with Larsen and the homeowners, and find a compromise in a civil and mature manner.
I wouldn't consider buying a home in that development if the management company and the HOA acted the way they did (the meeting minutes are public record and disclosed in the sales agreement), and I'm sure that will affect the home values there.
