IN THE WEEDS
My HOA warned my garden’s appearance risked a fine – then charged me an ‘expensive’ fee for sending a letter about it
A change in the state law meant that the charge was legal
A RESIDENT has hit back at their HOA’s management company following a charge that they did not agree with.
Macarena Salazar said she was hit with a $35 charge over a warning letter sent to her house.
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Salazar, from Denver, Colorado, said her HOA had hired a new management company to run its operations.
The resident said she was sent a warning letter by RowCal saying her home’s landscaping needed to be trimmed or she risked a fine, according to CBS affiliate KCNC.
After this, she noticed a $35 charge had been added to her HOA charges bill at the end of 2023.
The HOA’s monthly fee was $105 but the invoice included the extra charge as an “Admin fee.”
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Salazar argued that she should not have been made to pay the fee.
“Because it's $35. I can fill the tank with that,” she said.
Rowcal said the certified letter charge was to cover the administrative fees.
“This is a RowCal charge, and this money goes to reimburse RowCal for the staff, the third-party mailing service we pay to mail out these letters,” the management company reportedly told residents, according to KCNC.
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"That's kind of an expensive letter,” Salazar said.
These fees came as the state of Colorado had passed a new law for HOAs to follow.
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The HOA Accountability and Transparency Act, which was signed into law in June 2022, required associations and management companies to notify residents about any issue through certified mail or another way.
This act did not specify who had to pick up the bill when the letter was sent.
The law was intended to improve communication between tenants and their associations but other residents in the Denver HOA were upset about this change and new charges.
Some homes within the association's boundaries were income-restricted and considered affordable housing.
What is an HOA?
One in five Americans live in an area with a Homeowners' Association - or HOA. But what exactly is it that they do?
- An HOA is a homeowner's association - an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within "a planned development" will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools - but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation - as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
RowCal later resigned as the HOA’s management company and a new business filled their spot.
The new management company reportedly said residents would not be charged for certified letters sent to them.
Disagreements between HOAs or management companies and their residents are not uncommon.
The U.S. Sun has previously reported on other residents who have complained about charges they received from their association.
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Rosalie Hayes from Arvada, Colorado, said she received a letter from her HOA saying dues would increase by hundreds of dollars each month.
Hayes said the $300 increase could price her out of her property.
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