Category Archives: HB-1237

Owner’s rights to inspect HOA records and receive information

The complete House bill 1237 is available here . This bill is now in effect as of January 1, 2013. Its goal is to clarify the record keeping requirements of HOAs and owners’ inspection rights.

Why is this important?

In the past, HOAs records were not always kept correctly, decisions were sometimes made secretly and capriciously ( =inconsistently), proxies and vote results were not always disclosed and most importantly, owners were often times denied the right to review and inspect these records.

It is important to us that the MountainSide Condo HOA provides transparency to all his members.

The following summarizes all the roadblocks we have encountered with the Mountain Side Condo HOA since we started asking to review the HOA records:

1) We were originally told that all the records were already available on the Mountain Side Condo HOA website (hosted and maintained by Mountain Managers, property management) . We all knew that this was not accurate and that the majority of the documents were not available on the website.

2) We were then told that an owner would have to make a down payment of $500.00 in order to receive copies of all the information not available on the official HOA website ( (hosted and maintained by Mountain Managers, property management). We refused to pay for information that should already belong to all of us owners.

3) We were then invited in to review ‘paper files’.

4) Upon review of these files, we discovered that lot of information was either missing, very incomplete and inaccurate, or withheld from owners (i.e. annual meeting proxies received, Architectural committee approvals/denials, updated lists of owners and BOD members, list of committee members (planning, architectural committees etc).

5) We made a follow up written inquiry asking for the information that was not provided to us when we inspected the records and immediately received an answer from the HOA’s attorney declining our request. It appears that owners at MountainSide are not even allowed to know who serves on a particular HOA committee or who view the actual proxies received at a past annual meeting.

Our latest request to view documents/receive information along with the denial received from the HOA attorney can be found here .

The above attorney responses are difficult to understand considering that the same attorney, Noah Klug, published the following article on the same subject in the Summit Daily on August 22, 2012. See HOA RECORDS RULES TO CHANGE UNDER NEW LAW BY NOAH KLUG

Noah Klug is Mountain Side Condominium Association Attorney and the owner of The Klug Law Firm, LLC, in Summit County, emphasizing real estate, business, and litigation.

We will update this page as more information becomes available.

The rest of this page compiles the posts of all the previous attempts at obtaining access to records:

Beginning July 1, 2015, Colorado HOA Managers Must Be Licensed

New Homeowners Association (HOA) Laws in Colorado New laws in Colorado provide more protection for homeowners association (HOA) residents in regard to manager licensing, debt collection, foreclosure, and landscaping. HOA Community Managers Must Be Licensed House Bill 13-1277 requires that more »

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UPDATE – THE VEHICLE IS MOVED – Mountain Side Former Board President Junk Vehicle Left Parked for Months at Mountain Side

The following email was sent to the Mountain Side HOA Board of Directors on November 28,2014. Email from HOA Board President, Mr. Bill Meek advising that he would report the vehicle to the mangers. From: Meek, William [mailto:William.Meek@sedgwick.gov] Sent: Saturday, more »

Posted in Clubhouse, HB-1237, HOA, HOA Code violation, HOA maintenance and responsibilties, HOA records, News, Onsite manager | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Mountain Side Lake Transfer and Dredging – Home Owner Website Outlining History of HOA and Lake Activities

The following links to photos are very interesting. Dredging appears to have been conducted specifically and purposely by United Water and Mr. Lembke and Mr. Burger as an attempt to cut back the easement and deny access to HOA owners. more »

Posted in Amenities, Clubhouse, HB-1237, HOA, HOA Code violation, HOA Financial, HOA maintenance and responsibilties, HOA Meeting Minutes, HOA records, Lake, legal complaints, Town of Frisco News, Utilities | Tagged , , , , , , , , , , , , , | 1 Comment

Board Of Directors Election – Mountain Side Owners File Formal Complaint To Invalidate Election

Dear BOD members, As a candidate who ran for a board position, I am officially demanding that the Mountain Side Condominium Association Board of Directors declare the Board of Directors’ election conducted on 08/30/2014 to be invalid. Per the following, more »

Posted in HB-1237, HOA, HOA Code violation, HOA Financial, HOA maintenance and responsibilties, HOA Meeting Minutes, HOA records, legal complaints | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Biased Proxy Assignment Advisement By Manager and Employees

From the official complaint filed by owners with respect to the rule violations arising from the 2014 Mountain Side HOA Board of Directors election. Biased Proxy Assignment Advisement By Manager Violation and biased advisement made by the HOA Manager, Mountain more »

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Mountain Side Annual 2014 Election Results and Proxies Posted

The HOA has provided copies of the election results, documents and proxies. Owners have sent a follow-up email to the board for clarification. Sent: Saturday, September 20, 2014 9:31 AM To: ‘wmeek@sedgwick.gov; ‘wmeek@outlook.com Cc: ‘coloradohoaforum@gmail.com; ‘coloradohoaforum@aol.com; ‘Bob Lembke’; ‘phil@mountainmanagers.com’; ‘phil@moutainmanagers.com’; more »

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Formal Complaints To Be Filed: Mountain Side HOA Improper Election Procedures And Violation of Colorado Statute 38.33.3-317

Update (September 8, 2014): Mr. Meek responded incoherently to owners with respect to providing BOD election documents. Rather than provide the documents as required under statute, Mr. Meek advised how the Mountain Side HOA BOD would correct deficiencies next year. more »

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Annual HOA Meeting Announcements Still Stapled To Building Walls 5 Days After The Meeting Date

The annual HOA meeting announcements posted at the stair bases of each building remain posted six days after the meeting. We have emailed the board advising that the management company has not removed the announcements that are now outdated and more »

Posted in Amenities, Clubhouse, HB-1237, HOA, HOA Code violation, HOA Financial, HOA maintenance and responsibilties, HOA Meeting Minutes, HOA records, legal complaints, News, Onsite manager, Utilities | Tagged , , , | Leave a comment

Mountain Side Board Of Directors Concede That Loft Expansions Are Not Prohibited And Must Be Allowed

After many years of telling condominium unit owners otherwise, the Mountain Side HOA Board of Directors has now conceded that Loft Expansions into Limited Common Elements by loft unit owners is, and in fact must be allowed. For decades, the more »

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Mountain Side HOA Annual Meeting And Board Elections

The Mountain Side HOA annual meeting and Board of Directors election will be taking place on August 30, 2014. We would like to ask that all Mountain Side Condominium owners who are not attending, to please take the time to more »

Posted in HB-1237, HOA, HOA Code violation, HOA Financial, HOA maintenance and responsibilties, HOA Meeting Minutes, HOA records, legal complaints | Leave a comment