Please excuse the delay. I have been reading through a) the ByLaws, b) the Rules and Regs and c) the covenants (61 pages) also referred to as the Declaration(s). None of these documents have been amended or modified in any way since the year 2000.
"What would be the female equivalent of butch?" ... you really do not want to know! (joke Joke
) ... but I will be polite and call you Suzy-Q ...
Suzy-Q, There is no place in the documents mentioned above where a any fee (board or management company generated) is identified for the process of providing a "closing" or "dues" letter. Fees are mentioned in in the covenants stating that the HOA can charge a fee for, 1) homeowner use of Common Elements, 2) late assessment (dues) payments and 3) "... a reasonable charge for the preparation and recordation of supplements or amendments to the covenants." Also in the covenants is a section which provides the board the right to contract for property management. I do not know what the actual contract says with respect to the management company. Finally, the standard Colorado Contract to Buy and Sell Real Estate (Residential) has a section identifying "Association" fees to be paid at closing but there is nothing saying that the association management company can charge independent fees. It mentions Status Letter and Record Change Feesand even Private Trans Fees but they are all called Association Fees. This association does not appear to be aware of how to operate and appears to be "managed" by the property management company. When I mentioned this fee to the president of the association, he emailed the property manager and cc:'d me saying to the property manager, "Jim Bernier (cc'd on this email) is asking about the $300 transfer fee imposed by the HOA. I have never been involved in this process as the previous account manager always handled this. Can you explain what this is for?" ... I'd say that this association and board is a bit lax in management.
I believe that nothing I have done so far will keep the management company from making the $300 charge at closing. I'm going to write a letter of protest to be delivered at the closing for the record and possibly have the seller, Jan, also sign it. Can you think of any specific wording I should use? I will also be taking your advice about addressing this to the Attorney General/consumer protection people.
Thanks, Suzy-Q ... be well. I will look for a further reply from you in the morning, no need to work on it any more tonight. I will be signing off after sending this. - JEB