Copyright 2009 by Highline Meadows Reclamation Project
HIGHLINE
   MEADOWS
RECLAMATION PROJECT:
Highline Meadows Illegally Collected Special Assessment

In September, 2009, Arapahoe County Court found      (CLICK HERE) that the 2008 Special Assessment imposed by Highline Meadows Condominium Association was not properly based in law.  The Court ruled that the HOA was illegally charging their homeowners for special assessments that were not allowed by either the Highline Meadows CC&R's or Colorado law under the Colorado Common Interest Ownership Act.  As a result, hundreds of homeowners paid their special assessment without questioning the legality of the HOA's actions.  Now these Homeowners are out the money they paid.  What is the solution?  A class action lawsuit must be filed against the HOA board members, individually, and against the TMMC Management Group, to reclaim funds.
SUPPORT YOUR LOCAL EFFORTS
We are here fighting for YOUR rights.  GET INVOLVED!!   If you are interested in any of the topics discussed here, or have any suggestions about Highline Meadows' activities or projects ....
You can contact the
Highline Meadows Reclamation Project.
HIGHLINE MEADOWS CONDOMINIUM ASSOCIATION
Have you signed the petition yet asking the Douglas County Court to allow us to hold a Special Meeting for the sole purpose of obtaining votes to remove and re-elect a new board?
You can obtain a petition form HERE. To return it, either scan it and return it to our email address or contact us.
For those of you who received notice by mail, if you cannot scan the petition, return it to the address on the letterhead.
What should be some of the Future Goals
for the New Board of Directors?
Once the New Board of Directors is in place, the Current Contract (5 Years) with TMMC is terminated, and the New Board of Directors will have a new direction for Highline Meadows.

Some of the goals of the New Board of Directors is to Save Highline Meadows from its current "Ghetto" conditions.  This will include, but is not limited to:
Who's to Blame for the Current Conditions at Highline Meadows?
When the question arises  ... Who is to blame for this mess that Highline Meadows is currently in.  TMMC and the Board of Directors have long told Homeowners that it is ACCU's fault.  Well is it??
Recently a Highline Meadows Homeowner talked with ACCU President, David Phifer, about this subject.  Phifer stated that ACCU has asked TMMC to retract these types of statements as they are clearly not true.
ACCU's attorney has stated that if they sought legal action against TMMC and the Board of Directors at Highline Meadows, they would win.
So who's fault is it really?  TMMC has managed Highline Meadows for 10 years now.  We recently spoke with a management company, who told us that  even if ACCU was at fault, a good management company could recover in 10 years time.
How is the Board of Directors Elected at Highline Meadows?
This is a great question, and one that is not easily answered.  The Board of Directors can only be elected by a vote of a majority of the Homeowners (51%), known as a "Quorum".  Yet, quorum has not been reached for 10 years ... curiously the same time that TMMC has managed Highline Meadows.
The interesting question remains, then how is the Board of Directors, whose term of office is only 3 years (without re-election), in office without quorum being reached in over 10 years?
Not an easy one to answer is it.  It appears that the members of the Board of Directors have been electing themselves into positions on the Board, and holding those positions indefinately or until they leave office on their own.
Remove current management company (TMMC) and place management operation into "Hands Of People Who Care".  The panel has been looking at several reliable management companies whom have been highly recommended by respectable people, such as real estate Bob.
Regaining control of the CC&R's.  Currently, many CC&R's are being violated and/or ignored by the Board and TMMC.  Highline Meadows has to be brought back into compliance with its CC&R's.
Gain more control of the budget and prevent wastefulspending, cut spending and go into emergency mode to correct poor building and grounds conditions.  This section is very much self-explanatory.  If you think your budget is being handled properly, try to find where money was spent ... such as the Special Assessments.
Minimize specialists and hire "Jack of all Trades" maintenance personnel with certifications!  Right now we are paying for two maintenance personnel at $120,000.00 a year.  On top of this expenditure, we are paying for specialists to come in and actually do the work inside Highline Meadows.
Set a plan in place for roof replacements for all 20 buildings.
Start beautification program to enhance image of Highline Meadows.
Increase property value and return to sellable conditions.

Of course, this is just for starters ...........................
HIGHLINE MEADOWS RESPONSE REGARDING THE
2009 SPECIAL ASSESSMENT
In the Highline Meadows November 2009 Newsletter, the HOA has adamently denied the rumor that there will be at $10,000 assessment against Highline Meadows Homeowners.  That is GREAT!!!
Was that statement untrue .... it came straight from a Board Member's mouth to two separate Homeowners ... so if anyone was making false allegations, it was the Highline Meadows Board Member who said it.
Apart from that, we think it is GREAT that they have backed off that burdensome Assessment, and yes we know that a $10,000 Assessment imposed in such a way would be illegal ... after all, we are the one's who won in Court regarding the improper 2008 Assessment.  If such an Assessment were to be imposed, it, too, would have been taken to Court... and we would have WON.
BE AWARE of the fact that, just because the Board is backstepping now, does not mean it was not going to happen.  I mean, after all, the Highline Meadows Budget never included an accounting of the Special Assessments, until we made it an issue.  Now it does, although it is incorrect.  Believe it, if we were to stop our efforts, you would receive another Special Assessment!
WHO PAYS FOR THE HOA'S ATTEMPTS TO TAKE HOMEWOWNERS TO COURT?
The answer to that question is clear ...
the Homeowners do.   
The HOA/TMMC has consistently attempted to obtain attorney fee awards for these attempts at collecting Assessments, yet has failed.  Why?
The HOA/TMMC has attempted to use the "Uniform Common Interest Ownership Act" (otherwise known as CIOA) in the collection of attorney fees and court costs.  However, as the Arapahoe County Court has just ruled, CIOA cannot be used in such a manner.  Those who bring claims or defenses before the Court as a pro se litigant (which means without being represented by an attorney), as long as those claims or defenses are not groundless, frivolous, or vexatious, do not have to pay attorney fees and Court costs. See, CRS 13-17-102(6). This is particularly true if you win or receive a partial judgement in your favor, based on the "Prevailing Party Standard" in Colorado.  Additionally, applicable law in Colorado holds that CIOA cannot be used for receiving an award for attorney fees, unless the legal action is brought specifically for enforcement of CIOA or the CC&R's.
NOTHING ON THIS WEBSITE OR IN OUR CIRCULATIONS OF INFORMATION EVER CONTAIN KNOWING HALF-TRUTHS OR MISINFORMATION.  WE RECEIVE INFORMATION, AND PASS THE SAME TO THE HOMEOWNERS.
WE ARE HERE FOR YOU!!  WE ARE NOT HERE TO DECIEVE THE HIGHLINE MEADOWS HOMEOWNERS IN ANY WAY.  WE ARE THE ONE'S FIGHTING FOR YOUR RIGHTS!!! 
HOA MEMBERS SEEKING REMOVAL OF THE BOARD

With all that is going on at Highline Meadows, shouldn't we seek out owners who can adequately handle the activities at Highline Meadows, one Homeowner asked.  One HOA manager who spoke with us couldn't believe the mess that Highline Meadows is in, not only physically, but financially.   One would think that all the homeowners should join together to correct this mess, another homeowner said.  Yes, that would be the ideal situation, but gathering the support needed for such an undertaking is difficult … many don't want to be bothered.
We have about 100 homeowner signatures to hold a Special Meeting to remove the Board, but we would like over 150 signatures supporting the recall of Highline Meadows' Board of Directors and TMMC Property Management.  After we reach our goal of 150 signatures for the Special Meeting, we will be filing in the Douglas County Court asking the Court to allow us to hold the meeting.
Once that is done, we can begin regaining control of the CC&R's and the budget at Highline Meadows.
Did You   Know?
This section is here to keep everyone at Highline Meadows informed as to current events.
What's
  New!
Increase in Monthly Dues?

As those of you who attend the monthly HOA meetings know, at the October meeting our efforts to keep this community informed where denounced.  This was repeated in the November newsletter.
So let us recap the October 2009 HOA meeting.  At the meeting Highline Meadows Reclamation Project was talked about, even asking if we could be arrested.  Future special assessments and monthly dues were likewise discussed and it was clearly stated by TMMC and the Board, that "there will be no assessment in the forseeable future.  In fact our fees are not even going up a dollar".
Well that was in October ... in December ... here come the increase in the Monthly Dues ... right on schedule.