11/01/2024
July 26, 2022 Druid Hills HOA
http://aboutdruidhillshoa.com
Representative;
Topic: Proposed C.R.S. Statutes
My name is Diana Foraci, Alumni University of Idaho- B. S. Microbiology & Zoology. Supporting homeowners as the Druid Hills HOA to protect homeowners treated unfairly. As a homeowner and HOA Declarant Member I am contacting you to pass my proposed statutes for our protection. We have two HOA in our subdivision, one honest, one not (POA).
These Statutes are critically important piece of legislation that will get us closer to ending abuse from rogue associations.
If passed, these Statutes would mean:
• No new liens on properties without just cause
• Putting a stop to hate crimes from a rogue association, that harm homeowners
• Leveling the playing field by having associations provide accurate financials records
• Holding HOA responsible for undue hardship and harassment
• Grounds for judicial dissolution because of fraud, and abuse of power
I am writing you as my representative to consider these proposed statutes to be written into law/Bill as Title 38 C.R.S’s as protection from a rogue association operating in our subdivision not in good faith.
My reasoning is ‘grandfathering’ is ignored, I purchased my property before rogue association deceptively and fraudulently formed in our neighborhood. I never joined this voluntary association or paid dues, no goods and services rendered to me, but the POA and their constituents uses services on our dime. No debt on my property yet forced to pay a cure payment of 14 K or lose my property in a sheriff sale. The lien was for $542.68 for six years of dues not paid 2013-2018, they illegally added 3 more years 2019-2021 totaling $900.00, the rest was for their insurance and attorney fees. I have lived in our subdivision since 1982 and have never seen the likes of this injustice.
To conclude, Their Declaration of Covenants lacked the majority vote for the Druid Hills Property Owners Association in June 29, 2001 to rewrite our covenants that ran with the land 30 years. They were dissolved by the Secretary of State from 1998-2002. Invalid covenants of 2001 was re-recorded in Nov. 3, 2016, which they based their liens on, forcing good homeowners to pay dues or have their good name slandered.
To repeat, their Covenants did not get the majority vote to pass or govern us. Still they do, if we do not pay assessments we suffer the consequences their wrath. Their financials are not disclosed, the unaccounted money disappears since 1986, their policies adopted in 2016 stated they would not maintain our subdivision, yet they demand assessments or threaten to lien. There is no structure, club house or anything to show where they spent our money they stole. Our community of homeowners are threatened if we do not pay. Unfair treatment meant for the disadvantaged in our subdivision that do not have much money to fight back, others that have money and refuse to pay assessments have no liens; yet others are exempt from paying assessments for favors, this for that. The interest, penalties on liens do not compute one homeowner owes more than another.
I am asking your help to put my proposed statutes into law in order to support homeowners from rogue associations that do not follow the rules or law not operating in good faith. I appreciate your time in reviewing this letter and hope for a positive response.
Respectively,
Diana Foraci, Druid Hills HOA
My proposed statutes to C.R.S. Colorado Revised Statutes
CRS 38-20-106
Cannot lien homeowner’s property if homeowner is grandfathered’ resided in subdivision before any association was created.
CRS 38-20-107
1. a Homeowners associations commonly referred to as HOA, govern communities like townhouses, condominiums and subdivisions. HOA outline their rules in a covenant, which all homeowners sign into. However, you cannot be forced to join an HOA if you bought your property/home before one formed in your neighborhood.
b. Association cannot falsely state what assessments are used for, allowing money collected for their own personal benefit.Embezzle;the money not accounted for, or used for subdivision
c. Deed to property, mortgage or binding contract is valid, states no association at the time of purchase, the said contract is binding and shall remain in effect, the homeowner is exempt.
CRS38-20-108
Association cannot force assessments or lien on non-member of voluntary association, with no goods or services rendered.
Association cannot file a lien, lis Pendens, commence to foreclose without just cause; homeowner must willingly be a member of a voluntary association in order to pay dues.
CRS 38-35-123 Lien Notice
3. Validity, excludes liens filed with Clerk and Recorder addressed as ‘TO WHOM IT MAY CONCERN’ invalid, must have name and address on lien.
CRS 38-35-124 Satisfaction of Indebtedness
Association cannot obstruct, hinder or prevent an individual, homeowner from satisfying a judgment from the court to pay cost and attorney fees. By ignoring them and later paying the fees themselves, preventing homeowner from satisfying judgment within a reasonable time. Association cannot sit idle for months then open new case to foreclose if judgment not satisfied due to association wrongdoing.
Association cannot waive Homestead Exemption Act without homeowner’s permission to do so when commencing to foreclose on their property or deny homeowner from refinancing to pay cure payment as a last resort.
CRS 38-35-204 Order to Show Cause
Association cannot lien if operating not in good faith, the homeowner cannot be forced to join association against their will or forced to pay assessments if non-member.
CRS 38-33.3-316 Lien for Assessments
Association cannot govern homeowners, collect assessments if their protective covenants did not get the majority vote to govern or claim ownership of subdivision units as owning the neighborhood.
CRS 38-33.3-302 Powers of unit owners association
Declaration of Protective Covenants cannot authorize “association” to govern if their Covenants did not acquire the majority vote to satisfy its creation.
Association cannot file a lawsuit, encumber, demand assessments, and use collection policies to charge interest and fines, against another Association / HOA entity owner of unit/lot within the same subdivision.
Association cannot operate not in good faith, by demanding assessments charging interest and fines from one individual and not another individual within the same subdivision, not showing equal treatment or equal payment.
Association cannot mandate increase of assessments without democratic vote from all homeowners in the community to approve the increase.
Association cannot Breach HOA Bylaws, misrepresent or falsely operate, not disclosing their financials, expenditures or force assessments from buyer or back dues from seller at closing without just cause.
Association cannot cause undo stress, harass, burden, bear false witness, spread false rumors , show malice, upon any homeowner regardless their status in the community. Association cannot excessively cause Malicious Prosecution using law enforcement for groundless complaints against a homeowner they have singled out to torment.
CRS 38-28-101 Doctrine of unclean Hands
Association cannot prosecute an individual/homeowner or another entity if they are themselves without clean hands (unclean).
We need your help! My members are, singled out and harassed continually, they either pay or move, this has to stop, hurting people for money is unconscionable. The DHPOA is relentless and cruel, they must be held accountable, for their actions, such as, slander, misconduct, malaise, hate crimes, embezzlement, racketeering, voter cheating, fraud, and spreading untruths. I got 39 signatures from homeowners here in the Druid Hills Subdivision to opt out from the Property Owners Association with our "Article of Dissolution "that I sent to the SOS although we can't dissolve them they have to dissolve themselves. Therefore, I am attempting to propose these Statutes enclosed. I have filed appurtenant documents of evidence with Teller County Clerk and Recorder that the DHPOA cannot contest. The DHPOA keeps us from our life, liberty and pursuit of happiness. A rogue association that steals homeowner’s money for their own benefit, is giving them a loaded gun.
Thank you for your time and thoughtful consideration. I look forward to your response.The bill passed just recently 22-1137 protect HOA but nothing protects us homeowners from criminal actions from a rogue association.
Diana Foraci, DHHOA
Druid Hills Homeowners Association is a HOA located in the beautiful Druid Hills Subdivision that represents homeowners with integrity.
