There are some misconceptions and maybe even misrepresentations concerning the
existence of and status of the Colland Center Home Owners Association that we
hope to dispel here.
1. There is in existence an HOA and all homeowners of addresses listed below
are members of the Association.
2. The Association has the ability to create charges to and assess the
members.
3. The Association is liable for the "green area" or "park" on Park Place and
claims arising from that liability would likely be assessed to the members.
4. The Association has the right to enforce the various covenants and rules
that it may create and may fine or otherwise sanction members who do not follow
these rules.
5. In order to cease to exist the County Commissioners must agree to any
dissolution of the HOA.
6. It is true that the Association has not charged dues nor been active for
a number of years. This does not mean that it could not "spring to life" at
any time.
7. In 1995 an attempt was made have the Commissioners dissolve the Association.
They refused, and it seems likely that they would refuse any future attempt too.
The minutes of the commissioners meeting are attached below.
Some sellers of property in the Association represent that there is "no HOA"
when attempting
to sell their properties. It is unclear whether this is an intentional
misrepresentation or whether they genuinely do not know that there is an HOA.
Some owners may be unaware of the HOA if the facts were misrepresented or not
disclosed to them.
Some professionals may be misrepresenting the facts or not performing their
appropriate due diligence to discover the true facts.
It is possible, maybe even likely, that the Association will never again levy
fees and/or enforce standards. Similarly there may never be an assessment.
However no one can be certain of this.
It is also possible, although seemingly unlikely, the the County Commissioners
will allow a dissolution.
The existence of the Association, which could come to life and start enforcing
standards, fining homeowners and making assessments would seem to be an
encumbrance that probably can not be insured over by Title Insurance.
Many, including apparently the County Commissioners, believe that while an
HOA is technically an encumbrance, overall it is of significant advantage.
The encumbrances on the properties within the HOA can be found at the Clerk
and Recorder's Office.
The records of why a dissolution failed may be found at the County's web-site.
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, MAY 1, 1995
SUBDIVISIONS
(#273)
The Board of County Commissioners met at 9:00 a.m. in regular
session with John Barnett, Director of Planning. Chair Disney
presided; Commissioners Clarke and Duvall were present. Also
present were: Al Kadera, Subdivision Administrator; Rex Burns,
Engineering; Jerry Blehm, Environmental Health Director; and Jeannine
Haag, Assistant County Attorney. Recording Clerk, S. Graves.
Mr. Barnett requested the Board to table the agenda item for the
alleged violation at 1000 South Lincoln until May 8, 1995.
M O T I O N
Commissioner Clarke moved that the Board table the agenda item
for the alleged violation at 1000 South Lincoln in Loveland, CO.
until May 8, 1995, as requested by Mr. Barnett.
Motion carried 3 - 0.
1. COLLAND CENTER HOMEOWNERS ASSOCIATION DISSOLUTION:
24-06-69; SOUTHEAST CORNER OF HIGHWAY 287 AND COUNTY
ROAD 32 (05-01-95).
This is a request to seek authorization from the Board of County
Commissioners to dissolve the Colland Center Homeowners Association.
Mr. Kadera reviewed the major concerns and issues and submitted
a letter from Mark Schleiger, property owner in the subject area,
expressing his objection to the dissolution of the homeowner's
association in Colland Center. Mr. Kadera noted that an improvement
district was formed to do road repairs; therefore, the only obligation
of the homeowner's association is to take care of the park, but
some of the owners no longer want that responsibility so they
began the process to dissolve the homeowner's association.
Mr. Kadera stated for the record that staff has never been in
favor of dissolving homeowner's association as, in their opinion,
they are good for neighborhoods. Staff Findings are: 1) Colland
Center Subdivision was approved in 1973; 2) The developer of Colland
Center dedicated a four-acre park and incorporated a homeowners
association to be responsible for the park; 3) The Subdivision
Resolution requires the approval of the Board of County Commissioners
before any homeowners association can be dissolved; 4) The association
in Colland Center wishes to dissolve so the park will revert to
the original developer and the park will no longer be the responsibility
of the property owners; 5) There does not appear to be a compelling
reason to dissolve an existing homeowners association that is
responsible for maintaining a park in their subdivision. The
Staff Recommendation is for denial of the request for authorization
to dissolve the Homeowners Association in Colland Center Subdivision.
Cecilia Everson, applicant, informed the Board that the dissolution
of the homeowners association was voted on and approved by 76%
of the property owners in the subdivision; she noted that the
property owners in the subdivision are very angry and wish to
rid their community of an unnecessary burden. Ms. Everson raised
a conflict of interest with Mr. Kadera as he is president of his
homeowner's association and is the developers neighbor. Mr.
Kadera responded he has no personal interest in whether Mr. Dilsaver,
the developer, takes back the park area or not, and his being
president of his homeowner's association should have no bearing
on this situation; however, he offered to remove himself from
this matter if the Board decides there is a conflict of interest.
After discussion, the Board concurred that no conflict of interest
exists with Mr. Kadera representing the county in this matter.
Mr. Barnett added that staff does exhibit a bias to homeowners
associations, as they perform many responsibilities which are
performed inside municipalities by local government.
The following persons addressed the Board in opposition to the
dissolution of the Colland Center Homeowner's Association: Larry
Cumley, Ashton Petalushe, Dave White, Denise Praizler, Tony Akowski.
These persons stated they would like to have new board members
appointed and admitted it will take much effort on everyone's
part to make the association effective; they noted that the association
dues are per year and the park is a valuable piece of property
to the homeowners. The Board was asked to consider the ethics
used for the dissolution of the association, noting that funds
that were to be used for the park, were used to hire a lawyer
and people who had not paid their dues were allowed to vote for
its dissolution. The Board was informed that the taxes on the
subject property were paid by certain individuals rather than
with association dues in order to protect the property. They
pointed out that even if the association is dissolved, the same
problems will exist and the concern of animosity among the neighbors
was expressed. Jamie Saport spoke for the dissolution; she
stated that when they bought their property, they were not informed
about the homeowner's association and she does not see any purpose
for the association. Lenny Brezenski expressed concern about
the title company giving out false information regarding the identification
of the president of the association when no one was elected president.
Ms. Everson responded to some of the comments made and noted
that members considered to be in good standing are those that
have paid dues. However, since there was never a quorum at any
meeting to determine the amount of dues, and it is not addressed
in their bylaws, no dues should have been assessed; therefore,
everyone residing in the subdivision should be considered a member
in good standing. Ms. Everson stated that the person authorized
to sign on the account moved to Oregon, and because no one else
had the authority to pay bills until recently when a vote was
taken to elect a board of directors to pursue dissolution, no
bills were paid in the interim; she noted, however, that now all
outstanding bills have been paid and the balance of the account
has been sent back to the homeowners who paid their dues. Ms.
Everson stated that currently there is no money left in the homeowner's
association account.
At this time, the public testimony portion of the hearing was
closed and opened for Commissioners' comments: Commissioner Clarke
stated that it is obvious that the homeowners association and
the Board of Directors are not working together harmoniously and
are extremely dysfunctional and he expressed concern about liability.
Commissioner Clarke suggested that either the property owners
try some kind of facilitation to resolve their problems or consider
giving the park to those persons owning property immediately adjacent
to the park and making them responsible for maintenance and then
their homeowner's insurance would resolve the liability concern.
Commissioner Duvall referred to the letter from Mr. Schleiger
and his suggestion that a continued homeowner's association could
become voluntary in nature; Mr. Kadera stated that it cannot
be voluntary because when property is purchased in this subdivision,
the property owner automatically becomes a member of the homeowner's
association and it is their obligation to pay dues and any assessments
which are levied. Commissioner Duvall stated that the County
Commissioners and staff view homeowner's associations as valuable
tools to assume responsibilities and solve problems within their
subdivisions; she noted that approvals are based on the existence
of a homeowner's association. Commissioner Duvall stated that
she favors the idea of a facilitator to resolve the problems and
she questioned if the new phases of a subdivision should become
part of the old homeowner's association? Chair Disney stated
that he agrees with both Commissioner Clarke and Commissioner
Duvall's comments. Ms. Haag offered the suggestion that the homeowners
consider hiring an independent property management company, noting
that their primary function is to manage homeowner's associations.
M O T I O N
Commissioner Clarke moved that the Board adopt the Staff Findings
and Staff Recommendation and deny the request for authorization
to dissolve the Colland Center Homeowner's Association and suggested
that the property owners put aside their differences and work
together to solve their problems.
Motion carried 3 - 0.
2. CYRSTAL LAKES FIRE PROTECTION DISTRICT (#95-RR0617):
WEST OF RED FEATHER (05-01-95).
This is a request for the Board of County Commissioners to set
a date for the Planning Commission to consider the proposed service
plan for the Crystal Lakes Fire Protection District, as required
by State Statutes. As the Planning Commission's recommendation
has to be made 30 days from the date when the service plan was
submitted to the Clerk and Recorder's Office, Mr. Kadera recommended
the hearing be set for May 17, 1995. Mr. Kadera further stated
that no sooner than ten days after the Planning Commission Hearing,
the Board of County Commissioners will meet to set a time for
their hearing to consider the service plan.
M O T I O N
Commissioner Duvall moved that the Board set the Planning Commission
hearing date for consideration of the proposed service plan for
the Crystal Lakes Fire Protection District for May 17, 1995,
tentatively schedule July 3, 1995 for the hearing date before
the Board of County Commissioners, and authorize the Chair to
sign the Resolution to refer the Service Plan for the Crystal
Lakes Fire Protection District to the Larimer County Planning
Commission for Recommendation, as requested by Mr. Kadera.
Motion carried 3 - 0.
R95-54g RESOLUTION TO REFER THE SERVICE PLAN FOR CRYSTAL
LAKES FIRE PROTECTION DISTRICT TO THE LARIMER
COUNTY PLANNING COMMISSION FOR RECOMMENDATION
3. REQUEST FOR APPROVAL OF PETERMAN FINAL PLAN (#95-EX0683):
Mr. Kadera requested Board approval, and the Chair's signature,
on the Peterman Minor Land Development Final Plat (#95-EX0683).
M O T I O N
Commissioner Duvall moved that the Board approve the Peterman
Minor Land Development Final Plat (#95-EX0683), as requested
by Mr. Kadera, and authorize the Chair to sign same.
Motion carried 3 - 0.
4. DISCUSSION ITEM: Mr. Barnett apprised the Board of an administrative
building permit hold being placed on the Foothills Subdivision,
west of Berthoud, due to construction scheduling problems and
quality control.
The meeting adjourned at 10:45 a.m.
______________________________________
JIM DISNEY, CHAIR
BOARD OF COUNTY COMMISSIONERS
( S E A L )
ATTEST:
______________________________________
Sherry E. Graves, Deputy County Clerk
May 1, 1995
This site is offered in the interest of providing
correct information concerning the status of the HOA.