HOA dispute question:

Back in 2021, I noticed water damage to the wood siding of our townhouse in Denver. We have an HOA with governing documents clearly stating they are responsible for exterior maintenance. We submitted a maintenance request, and we’re told wood siding repairs would be completed after deck repairs, so we waited.

Then in 2022, the board said they didn’t have enough funds to cover painting and woodwork repairs for all units (260 in total), and tried to pass (cont.)

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I am not a lawyer, so take this with a grain of salt. I had a dispute with my builder years ago, they wouldn’t budge, so I wrote them a letter stating my position and supports, and told them that I would stop paying the monthly HOA fee until the issue is resolved (or until not paying HOA makes me whole). It went on for almost a year, they kept sending me HOA fee statements with the cumulative outstanding amounts. I just ignored them, once I was made whole, I started paying the fee again by sending in a check along with a supporting calculation and explanation that I was only paying the current portion. Ultimately they gave in and sent me a check for the issue I had, I then turned around and paid for the outstanding balance with the HOA.

I moved to a different community later. One of the homeowners in the community also had a dispute with the HOA and followed a similar approach.

The party with the money has the power.

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Thanks for the input!

The only problem with holding HOA fees is that if you do decide to move, they definitely will put a lien on your property and collect anyway at the time of the sale. I was going to suggest that it's time to see a lawyer, but if you have mediation, I think it's definitely something to look into soon. You don't want that rot to keep getting worse. I think your only other option is to move.

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a special assessment for $700k, which we understood would have covered wood repair as well as fresh paint. The assessment required approval by 2/3 of homeowners, and has nowhere near enough votes to pass after 4 months.

The wood damage in our unit is much worse after last winter, and we submitted another service request. We were told “no woodwork repairs would be done until the special assessment passed.”

My plan is to ask several contractors to provide repair recommendations and cost estimates, and then request a hearing with the board to ask them to complete the repairs. The association has ~$1M in assets and ~$130k in current liabilities. Last year they had an operating income of ~$170k. While I believe reserves are under-funded (in part due to past financial mismanagement), I don’t think this excuses the board from their obligation to make repairs. If the board refuses after the hearing, I’d request mediation (encouraged in Colorado).

Does this sound reasonable? Any advice on a better approach?

Another point: the special assessment vote was supposed to have been completed in February, but they’re refusing to acknowledge the measure failed.

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