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. He further advised that unit inspections would be conducted because he couldn’t get his arms around how many bathrooms units had. Well the number of bathrooms today has nothing to do with the weighted votes each unit has. That is based solely upon the original construction and HOA rules.

This is another example of how this HOA Board has a complete lack of understanding of the both the laws surrounding HOAs and the rules of the HOA they govern.

Owners have provided the Mountain Side HOA BOD with the formal complaints that were filed with the Colorado Division of Real Estate last week concerning improper meeting procedures and providing false financial statements to the membership.

Along with the complaints, owners advised Mr. Bill Meek that the complaints must be included as part of the HOA record per Colorado Statute 38-33.3-317 and put up on the website where owners are directed for HOA information along with all past complaints that have been provided.

Mr. Meek advised that he has provided the complaints to owners as part of the record kept at the manager’s office but did not “believe” the records had to be put on the website which is where all owners are directed by the HOA BOD and the Manager, Phil Wells, for access to the HOA records.

Mr. Meek is incorrect. A check of the actual files held at the manager’s office showed that the complaints were never actually provided as part of the HOA records as Mr. Meek said they were.

The last time owners checked the physical files, the complaints were not there nor was any HOA business email correspondence between board members such as that which discussed certain drone video footage of the Mountain Side Lake. The lake which was given to United Water and Sanitation District which is Presided over by Mountain Side HOA Board member and Mountain Side Lake Lakeside home owner, Bob Lembke. Likewise, directing owners to a specific location to access information and then leaving information off of that location in favor of more desirable information is a violation of the statute. An HOA simply cannot pick and choose what information to easily provide and which to hide.

It’s some owners hope that the this BOD has not, again, been the victim of more bad legal advice as they have in the past when they made policy with respect to Limited Common Element usage, the washer and dryer issue and advisement that because they are volunteers they are immune from personal liability.

In fact, we cannot think of a single issue which owners have brought to this BOD’s attention where they have not been forced to concede and reverse their position.

Reversals starting with illegal entries which resulted in a change to the rules. Claimed lost building plans that were never actually lost at all. Inaccurate building inspection cost estimates and attempts to force owners to obtain engineering studies at their own expense because plans were lost intentionally withheld. Washer and dryer prohibition which was never a prohibited activity and eventually allowed after the lost plans were presented to the BOD by owners. Loft expansions which were disallowed by the HOA which must be allowed under Colorado law. Loft bathrooms forced to be removed by the HOA which were installed legally and part of the County Assessor record must be allowed contrary to the BOD previous assertions and hardship placed on those owners who did in fact follow the law. Unit remodels that were approved and denied arbitrarily which included some bathroom installation approvals that were later attempted to be removed from the ACC records hidden from owners after publication and copies were made. And other denials such as the removal of non structural walls in some units while approving in others.

The next issue that will come to the forefront is the Mountain Side Lake plat and easement which the President of United Water and Sanitation District (lake was conveyed to UWSD by the HOA BOD), lakeside homeowner and Mountain Side HOA BOD member, Mr. Bob Lembke, stated in an email to the HOA BOD, is the master document. Mr. Lembke has now reversed that position saying that the plat is wrong? The lake has moved? There never was an easement? We’ll see soon enough we suppose.

Owners are also requesting information with respect to the BOD election under Colorado Revised Statutes, 38-33.3-317 including proxies and ballots and upon receipt (or non receipt) of a response to that request, will check the files at the manager’s office once again. This request is being made because the ballots were handled improperly, not controlled as required, not counted and matched to owners as required, not counted with a third neutral party and prohibiting owners from observing the ballot count.

This closed door count is curious since the BOD mathematically cannot lose an election due to the sheer number of proxies. The BOD has remained controlled by the same group for decades due to this advantage so hiding the count and bypassing procedures in violation of the law is simply idiotic and stupid on the part of the BOD particularly since it opens them up to possible personal liability resulting from a possible violation of fiduciary duty.

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Following is the email chain between to the BOD President, Bill Meek:

From: TM

Sent: Tuesday, September 2, 2014 11:57 AM

To: Meek, William

Subject: Re: Mountain Side HOA

They weren’t the last time we went to the office and viewed. Nor were dozens of other documents. We’ll check again next week after we receive a response the vote and proxi information request.

From: Meek, William
Sent: Tuesday, September 2, 2014 11:45 AM
To: TM

Subject: RE: Mountain Side HOA

It is on file in the Office I don’t believe we are required to post on the web

From: TM

Sent: Tuesday, September 02, 2014 11:18 AM

To: wmeek@outlook.com; Meek, William

Cc: cer@ydim.com; phil@moutainmanagers.com; ptp100@comcast.net; dcacace@chatfieldconsulting.com; boblembke@unitedwaterdistrict.com; ethangibson@hotmail.com; artburger@comcast.net; allenhj@msn.com; SPONDS@YAHOO.COM

Subject: Mountain Side HOA

Hello Mr. Meek,

I have attached the two complaints that were filed recently for the HOA records and to be posted on the website.

I’ve noticed that none of the previous complaints that I have provided to you have been posted on the website or provided to HOA members as required under Colorado Revised Statutes, 38-33.3-317. Based on previous misunderstandings of the law by this HOA, I would recommend that the HOA BOD and it’s manager review the above statute closely.

One other aside, I have the privilege of having been invited to meet with Colorado State Representative Angela Williams in November to specifically discuss our complaints naming this this HOA and it’s manager’s refusals to follow the above statute.

Regards,

TM

Sent: Tuesday, September 02, 2014 10:18 AM

To: ‘wmeek@outlook.com; ‘wmeek@sedgwick.gov
Cc: ‘cer@ydim.com’; ‘phil@moutainmanagers.com; ‘ptp100@comcast.net; ‘dcacace@chatfieldconsulting.com; ‘boblembke@unitedwaterdistrict.com; ‘ethangibson@hotmail.com; ‘artburger@comcast.net; ‘allenhj@msn.com.didtheyreadit.com’; ‘SPONDS@YAHOO.COM

Subject: Mountain Side HOA

Hello Mr. Meek,

I have attached the two complaints that were filed recently for the HOA records and to be posted on the website.

I’ve noticed that none of the previous complaints that I have provided to you have been posted on the website or provided to HOA members as required under Colorado Revised Statutes, 38-33.3-317. Based on previous misunderstandings of the law by this HOA, I would recommend that the HOA BOD and it’s manager review the above statute closely.

One other aside, I have the privilege of having been invited to meet with Colorado State Representative Angela Williams in November to specifically discuss our complaints naming this this HOA and it’s manager’s refusals to follow the above statute.

Regards,

T M

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