I’m fighting to keep my HOA from selling my home without my consent – they say I broke the code for parking on own drive

A NAVY veteran had to battle his HOA to stop it from selling his home.

He was served a court summons over an unpaid $1,400 fine for parking his old Volkswagen next to his garage.

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Fronzo Gilkey said his HOA was targeting residents in Green Valley Ranch in ColoradoCredit: CBS NEWS
But the HOA hit back, saying it's authorized to enforce fines

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But the HOA hit back, saying it’s authorized to enforce finesCredit: Getty

Just last month, the Denver Post reported that HOAs across the state have lodged “thousands” of foreclosure filings on Coloradans’ houses over unpaid fines and fees.

Fronzo Gilkey spoke out about the Green Valley Ranch Master HOA, Colorado, after it alleged he had broken strict neighborhood covenants.

He received a $1,400 fine for parking his yellow VW Bug on a concrete pad next to his garage.

Gilkey was also fined for pl acing an old washing machine in the street for collection.

“We don’t need an HOA if this is the way they’re going to run with these ridiculous fines.

“There were people with $4,000 liens against their home,” Gilkey told CBS News Colorado at the time.

The Denverite has also been closely following threatened foreclosures in Denver, and highlighted his plight two years ago.

VIOLATIONS

It explained that Gilkey, an ex-postal worker, was briefly homeless when he lost his Park Hill home in the 2007 financial crash.

The retiree bought his home in Green Valley Ranch in 2013.

But Gilkey said he would refuse to pay his fines, adding, “you don’t start responding to things that you know is not right.”

In a further update, the Denverite said a judge ordered him to enter mediation with the GVR Master HOA.

His situation prompted the Denverite to delve into Denver’s court documents to establish the number of annual foreclosures.

“Our analysis shows HOAs citywide took residents to court more in 2021 than any other year in the last decade, and that Gilkey’s HOA was a major driver of this increase,” it reported in 2022.

The website explained that battles with housing associations often began with fines for rule violations, or missed payments.

LIENS

When such situations escalate – and the money due isn’t paid – the HOAs can place a lien, or legal right against assets, on the affected property.

A further step is to take homeowners to court to initiate a foreclosure.

Of the 119 foreclosures in Denver in 2021, 50 of them were within the Green Valley Ranch HOA’s community, reported CBS.

However, the Master Homeowners Association for Green Valley Ranch said it was acting within the law.

“The Homeowners Association of Green Valley Ranch creates curb appeal and increases property values by enforcing promises that the homeowners made to one another about the condition and upkeep of their properties.

“The Colorado Common Interest Ownership Act authorizes the HOA to enforce fines and makes those fines an automatic lien on property,” its statement said.

Foreclosure laws in Colorado

Foreclosure can be confusing and intimidating for many homeowners, says the Baker Law Group.

Colorado primarily uses two types of foreclosures: judicial and non-judicial.

Judicial foreclosure involves the lender filing a lawsuit against the borrower if they fail to make mortgage payments.

The majority of foreclosures in Colorado are non-judicial, where lenders can proceed with foreclosure without filing a formal lawsuit.

But this is only if the mortgage contains a “power of sale” clause.

This clause allows the lender to sell the property if the borrower defaults on payments.

Borrowers’ rights:

Right to cure: One-time right to cure default and stop foreclosure.

Deficiency judgments: If the property is sold for less than the outstanding mortgage amount, the lender can seek a deficiency judgment against the borrower for the difference.

Notification: Colorado law requires lenders to provide borrowers specific notifications during foreclosure, ensuring they know their rights and the steps being taken.

The board issued a further statement to media on its website, stating that it’s one of the largest in Denver with over 4,600 homes.

“The number of foreclosure filings is less than 1% which is similar to or below other HOAs in Colorado.

“The fact of a foreclosure filing does not mean someone loses their home.

“A majority of the cases are in active payment plans or closed without further legal action.

“Less than half of the filings reported are currently going through the court process to determine next steps, which could also resolve in payment plans, not a judgment of foreclosure.”

The HOA said it normally helps homeowners in several ways, including allowing an extension of up to one year to resolve an initial violation.

“The board has a written fine reduction policy that allows for up to 90% of fines to be reduced.

“The board has always and continues to remain open to resolution of these cases in an amicable manner.”

The U.S. Sun has contacted both the HOA and the association’s attorney for further comment on foreclosures.

We are reaching out to those homeowners to offer assistance.

Denver’s Department of Housing Stability

The city of Denver’s Department of Housing Stability emailed council members at the time, saying help was being offered to affected residents.

“We have learned that of the 119 homeowners association (HOA) foreclosures filed citywide in 2021, most HOAs filed no more than five, while Master Homeowners Association for Green Valley Ranch filed 50.

“We are reaching out to those homeowners to offer assistance.

“We have worked with both the courts and clerk & recorder’s office to ensure we are being notified of HOA foreclosure filings at the time of filing.

“We thank them for their partnership and acknowledge this is a labor-intensive process.”

‘At first, I thought it was a scam,’ says woman as she risked losing her home over a debt that didn’t belong to her

Denver City Council adopted a bill in 2022 that requires HOAs to give residents 30 days’ notice before they can take a resident to court to take their home.

Lawmakers in Colorado are still trying to improve HOA regulations to stop more people from losing their properties, said the Denver Post last month.

This was as a result of media and city scrutiny in 2022.

“As more Coloradans find themselves living in HOAs and metro districts, it is more important than ever that homeowners be protected from losing the largest asset they will ever invest in through unnecessary foreclosure,” said Rep. Iman Jodeh, an Aurora Democrat who is sponsoring two bills.

COST-OF-LIVING

Home foreclosures have been soaring nationwide, Fox Business reported in March.

The broadcaster said that foreclosures spiked in February amid the ongoing cost-of-living crisis.

Citing the findings of real estate data provider ATTOM, Fox said foreclosures surged 51% in South Carolina, 50% in Missouri, and 46% in Pennsylvania.

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