Email Copy (Board Cancells In Person Homeowner Meeting)

Aparently there will no longer be an annual in person homeowner meeting. The Board has decided that the in person meeting requirements in the governing documents will be replaced by a Zoom call.

Comment only (John C Dean)

Since the voting process was invalidated by material misrepresentations, the By-Law vote failed under Colorado Law.

Accordingly, any action the Board takes relying on invalid By-Laws, will be invalid as well. What a mess the Board has created.

Any homeowner that feels they have been harmed by the Board is welcome to the information we developed on law firms that represent homeowners.

Email Copy (John C Dean)

The email speaks for itself.

Many thanks for your help in defeating the Covenant changes. Any homeowners that now wish to take the lead and address the By-Law issues may be given access to the resourses we developed to counter the Covenant changes.

Email Copy (Board Reports Preliminary Vote)

The Covenant Changes were Voted Down: Only 52% of the Homeowners approved, 67% were required to pass.

The By-Law changes (which the Board claims have passed) may be amended or revoked at any Homeowner meeting.

In Summary, after two years of propaganda and thousands of dollars expended, the board failed to make any real changes to the governing documents. What a travesty.

Document Copy (Colorado Revised Statutes)

The Board relied on this statute to mail out changes to the By-Laws for a vote. Our current By-Laws call for an inperson vote at a properly noticed homeowner meeting. There is no provision in our current By-Laws for By-Law Amendments by mail.

Email Copy (Robert Racansky to Board)

A homeowner from another HOA sent the Board an email regarding that homeowner's dealings with the Board's attorneys. I've redacted the main accusations but you can contact the homeowner or the Board for the un-redacted version. The homeowner's assertions have not been independently verified but they do put the Board on Inquiry Notice.

Email Copy (John C Dean to Board)

The Board has contacted at least one homeowner to change their vote.

Email Copy (Homeowner to Board)

Provisions in the Proposed Changes to the documents may cause the loss of our favorable pre-1992 HOA status.

Request for a detailed analysis from the Board's attorney which sites both the Proposed Changes to our governing documents and sites the specific provisions in the Colorado Statutes which REQUIRES the Proposed Change.

Email Copy (Homeowner to Board)

Email speaks for itself.

Send in your NO VOTE today to make sure it is counted against the Board's proposed changes.

Email Copy (Board to Homeowners)

Board admits to making the false statement that the changes are 'Legally Required.' There are no Legally Required Changes. Remember that the condition precedent for this entire process was that we needed to make Legally Required changes to the documents. Under Colorado law (see Homeowner: The Vote Is Invalid), the Board is required to cancel the vote. The Board refuses to cancel the vote.

The Board is opening and counting the ballots as they arrive without any independent or opposing party reviewing the process. The Board will not inform the homeowners as to the current vote status.

Send in your NO VOTE today to make sure it is counted against the Board's proposed changes.

Email Copy (Board to Homeowner)

See the prior email communications below between myself and the Board. The Required by Colorado law claim was challenged, multiple times, directly by me starting in the Summer of 2022. The Board's claim of innocence is risible.

Email Copy (Homeowner to the Board)

See Email. Homeowner asserts the Board made a substantial missrepresentation when they said the proposed changes where REQUIRED by Colorado Law. At the 2023-09-13 meeting the Board's attorney admitted that none of the proposed changes were REQUIRED by Colorado Law. Homeowner's attorney indicates that this invalidates the vote. I agree with that conclusion.

Email Copy (OOHOA Board to Homeowners)

Homeowners that attended the 9/13 meeting will take a look at the Boards' representations in this email about what went on at that meeting and realize how deliberately misleading the Boards' communications have been.

Of the 50 or so homeowners not affiliated with the Board, there were probably 40-50 hard NO Votes in the meeting.

Document Copy (See Document Copy)

It appears unlikely that the Proposed Changes to the Governing Documents will be adopted.

Document Copy (See Document Copy)

The document copy from the law firm's website speaks for itself.

This law firm was retained to create documents to allow the law firm to easily enforce the Board's dictates on the homeowners. They specializes in legal enforcement actions, fines and forclosures against homeowners.

Document Copy (See Document Copy)

The document copy from the law firm's website about this attorney speaks for itself.

This law firm and attorney was retained to create documents to allow the law firm to easily enforce the Board's dictates on the homeowners. They specializes in legal enforcement actions, fines and forclosures against homeowners.

Email Copy (OOHOA Board to All Homeowners)

The Proposed Documents speak for themselves. The Boards explanation and representations are directly contradicted by the plain text of the Proposed Documents. Every homeowner should attend this meeting in person or by proxy and make their position clear.

Consult your attorney about the negative impact of these Proposed Changes on your ownership interests.

Email Copy (OOHOA Board to All Homeowners)

The current Governing Documents require that a meeting of the homeowners must first be notified by mail and that the subsequent meeting must have at least 81 homeowners present to address any issues regarding the Governing Documents.

This Moderated In-Person meeting is not authorized by the Governing Documents and has no legal effect. It is just another attempt by the Board to ignore the meeting requirements that the Governing Documents require. It appears that the Board intends to control the narrative so as to mislead and gaslight the homeowners. Ignore the Boards representations: The Proposed Changes speak for themselves.

Consult your attorney about the negative impact of these Proposed Changes on your ownership interests.

Document Copy (Homeowner Group to All Homeowners)

This flyer was mailed out to every homeowner in Orange Orchard by a group of very well known and respected homeowners. Some of the group members have served on the Board in years past and have been residents of Orange Orchard since the 1980's. All recommend voting NO on the proposed changes. Their names and contact numbers are at the bottom of page 1.

Email Copy (Dean Schooler to OOHOA Board)

Mr. Schooler: We must re-envision and re-do this horrendous process that is destroying our neighborhood. Mr. Schooler has been a resident of Orange Orchard for 35 years (1988).

Email Copy (OOHOA Board to Homeowners)

Consult your attorney to determine the Negative Impact the Proposed Changes have on you as a homeowner.

The Board is unable to refute the Analysis of Proposed Changes posted above on this website. The documents speak for themselves and the Analysis is correct as written. A number of Homeowners have now been alerted to the issues, read the documents and are in agreement with the Analysis based on their reading.

Email Copy (OOHOA Board to Homeowners)

These final documents have been submitted to the homeowners without ever being proposed, debated or voted on at the Annual Homeowner meeting, or any homeowner meeting. Through a claimed legal loophole they are able to ignore 45-years of presidence, pattern and practice that required any changes to the Governing Documents be presented, debated and voted on at the Annual Homeowner Meeting.

Document Copy (OOHOA Board to Homeowners)

The statement that the documents include 'legally required changes' is false.

Email Copy (OOHOA Board to Homeowners)

The State of Colorado has started a Homeowners' Rights Task Force. The purpose of the Task Force is to come up with legislative recommendations to curtail the HOA Board of Directors ability to abuse the rights of individual property owners in the HOA and to expand and define Homeowner rights that may not be curtailed or abused by a HOA Board of Directors. Anyone interested in the current status of this Task Force should contact me directly.

Email Copy (Dean to OOHOA Board)

The email speaks for itself. I ask that the Homeowners be put on notice that there is opposition to the Boards Proposed Changes.

The OOHOA Board has not responded.

Email Copy (Dean to OOHOA Board)

See next email

Email Copy (OOHOA Board to Dean)

The OOHOA Board refuses to identify any changes required under Colorado Law. The Board admits that as few as 15%+1 of the Homeowners can now make Governing Document changes this is down from the current requirement where 67% of the Homeowners must agree to Governing Document changes. The replacement of Board members is harder, not easier. In the event of a replacement of a board member the Board picks the replacement not the Homeowners.

Email Copy (Dean to OOHOA Board)

The OOHOA Board Refuses to identify a single change in the documents required by Colorado Law. None of these changes are required by Colorado Law. Ongoing changes to the Governing Documents under these proposed changes be made at any homeowners meeting. with only 13% of the Homeowners voting for the change down from the 67% that is required under the current documents. The Homeowners' property rights will be dramatically shifted from the Homeowner to the Board. Similar Board actions have been roundly defeated in the past once the Homeowners understood what the Board actually proposed.

Email Copy (OOHOA Board to Homeowners)

There are Critical Omisions and Material Misrepresentations made throughtout this email regarding the Proposed Changes to the Governing Documents. For example, there is no requirement under Colorado Law that we amend our current Governing Documents. Prior to this email, these documents have never been presented to the Homeowners and the documents were not sent by US Mail as required by our current Governing Documents. These documents have never been presented, discussed, authorized in any manner or voted on at the Annual In Person Homeowners Meeting. For a proper analysis of the documents, please see the above Analysis of Proposed Changes to the OOHOA Documents.

This is the first Red Lined copy ever provided. The proceedures outlined in this email for review and adoption of these proposed changes are not authorized in the current Governing Documents and are invalid.

Email Copy (OOHOA Board to Homeowners)

Document revisions are still underway.

Email Copy (OOHOA Board to Dean)

The OOHOA again refuses to detail exactly what changes we are require to make under Colorado Law. The OOHOA states: This means that our current documentation is out of date and does not comply with the new legal requirements. But they refused to identify those requirements.

Email Copy (OOHOA Board to Dean)

The OOHOA again refuses to detail exactly what changes we are require to make under Colorado Law.

Email Copy (Dean to OOHOA Board)

The OOHOA Board asks homeowners to participate in a surey about changing the Governance rules. I objected that the condition president for any changes, ie Colorado requires that we change our documents - was not estalished. Further, no Red Line copy of the proposed changes was supplied so it was impossible to determine what the Board was talking about.

Email Copy (OOHOA Board to Dean)

The OOHOA Board refuses to identify any document changes require to comply with state law.

Email Copy (Dean to OOHOA Board)

I objected to the undelying concept and asked for a Red Lined copy of the Proposed Changes well before these changes were put to a vote.

Email Copy (OOHOA Board to Homeowners)

First Notice I received of the Proposed Changes the OOHOA Board was contemplating changes to the documents based on a letter from their attorney. First Notice I received that they hired an attorney for this purpose. I can find no Homeowner authorization for hiring an attorney for this purpose or the expenditure of funds. The OOHOA insists that: Many of our Documents are not in Compliance with Colorado Law. That is factually incorrect. I have asked them repeatedly for a single statutory requirement that the documents be changed. They have refused to do so.