The Colorado legislature recently passed legislation to curb the powers of homeowners’ associations, and Governor Jared Polis signed the law June 3, 2022, to take effect August 10, 2022. The law grew out of abuses by HOA’s concerning fines, foreclosures, notice and collection activities.
Among other things, the new law prohibits an HOA from seeking foreclosure based solely on fines assessed for violation of community rules. It also limits the total fines for a violation to $500, and prohibits assessment of daily fines for a violation. Additional changes include a limit on interest to a rate of 8% per annum, notice provisions, and a payment plan requirement.
Local subdivisions are no stranger to such issues. Recently, the Gunbarrel North subdivision HOA has seen numerous posts on the Nextdoor social media site concerning attempts to remove HOA president Judy Lukjan from the board of directors, allegedly at the insistence of the management company.
Lukjan contacted the Courier about the issue. “We have a situation where there’s a difference of opinion,” she said. “The board wants to drop a board member because the property manager doesn’t want the board member, which is me.”
Hans Schreuder, a member of the HOA, is concerned about the actions of Foster Management, the HOA property management firm.
According to Schreuder, who also spoke to the Courier, the most recent HOA board meeting was canceled by the management company, and a membership meeting is scheduled for 6 p.m. July 20 at the Fire Station in Gunbarrel, for the purpose of having members vote on whether or not to remove Lukjan from the board of directors.
“They tried to get her to resign,” Schreuder said. “At the June 29 meeting, they went into executive session to pressure her to resign.”
Schreuder said he felt there were too many liens filed since Foster Management took over, and that the management company’s contract was inappropriate. “The one thing that stands out to me –- there's a finder's fee of 10% for violations or liens,” he said.
“Someone posted pictures of ‘Stop Judy’ right next to where I live. I was kind of horrified. I’m 82. I’m worried about violence this coming Wednesday. I’m concerned that things may happen. I’m planning on not going to the meeting.”