1Not the HOA Police — Except When We Are
Board says/does: "Not the HOA police" (Schmidt, 2018)
But also: Paid for drive-through inspections, sent attorney letters, filed liens
Source: 2018 Board Minutes
2Home Business Double Standard
Board says/does: "Cannot condone home businesses" (2015)
But also: Attorneys Schmidt and Patin operated law practices from CVHOA homes
Source: July 2015 Board Minutes
3Selective Weed Enforcement
Board says/does: Rockrimmon Blvd properties targeted for weeds
But also: Identical conditions on side streets ignored. Homeowner: "worry about the weeds" while people speed
Source: Board Minutes
4Parking Resolution Without Vote
Board says/does: Four parking resolutions adopted by board (3-5 votes)
But also: Creating binding rules affecting all 595 homes without any homeowner vote
Source: 2016-2021 Board Minutes
5Repeat Violators Unenforced
Board says/does: Violation notices sent to targeted homeowners
But also: Same repeat violator addresses appear month after month without escalation
Source: Board Minutes
6Unpublished Architectural Standards
Board says/does: Board enforces architectural rules
But also: No published standards exist — homeowners cannot know rules in advance
Source: Eric Hunter case, 2016
7Geodome Overreach
Board says/does: Board threatened litigation over temporary structure
But also: Far exceeds "Common Area...thereon" authority in Bylaws Art. VII §1(a)
Source: Klaholz/Williamson, Board Minutes
8Inspector/Police Contradiction
Board says/does: Board is "not the HOA police"
But also: Board funds off-duty police patrols and paid inspections
Source: Board Minutes, Financial Records
9267% Assessment Increase
Board says/does: Assessments raised from $24 to $88
But also: No independent audit, no reserve study, no detailed accounting
Source: Financial Records 2010-2025
10Executive Session Assessment Vote
Board says/does: $72 assessment presented as transparent
But also: Voted on in executive session, bypassing open meeting requirements
Source: 2021 Board Minutes
11Barber Self-Dealing Questions
Board says/does: Contractor Frank Barber hired for common area work
But also: Questions about billing for work on board members' adjacent properties
Source: July 2015 Board Minutes
12Help Others vs. Can't Spend
Board says/does: Board member wanted to "help others" in community
But also: HOA said "can't spend on individuals" — while contractor benefited board member
Source: Board Minutes
13FireWise No Accounting
Board says/does: "Tens of thousands" spent on FireWise mitigation
But also: No detailed accounting available to homeowners
Source: Board Minutes
14No Reserve Study
Board says/does: HOA collects $52,360/year from 595 homes
But also: No reserve study ever conducted to plan for capital needs
Source: Financial Records
1512+ Years Same Leadership
Board says/does: Board positions filled through elections
But also: Same core group (Schmidt, Feldman, Patin, Cox) served 12+ years
Source: Board Minutes 2010-2022
16Married Couple on Board
Board says/does: Board positions should avoid conflicts
But also: Married couple serving simultaneously on 5-7 person board
Source: Board Minutes
17Sanitized Minutes
Board says/does: Minutes should be accurate record of proceedings
But also: "Make sure that minutes do not have homeowner names" — two versions of many minutes exist
Source: 2016 Board Minutes
18Living Room Meetings
Board says/does: Board meetings should be accessible to 595 households
But also: Meetings held in board members' living rooms, limiting attendance
Source: Board Minutes
192019 Election — No Opposition
Board says/does: Elections should offer choices
But also: Board "election" with zero opposition candidates
Source: 2019 Annual Meeting Minutes
20Pre-1992 Authority Ignored
Board says/does: CVHOA predates CCIOA by 8 years
But also: Board acts as if §303(1)(a) broad authority applies — it doesn't under §117
Source: CRS §38-33.3-117
21Resolutions as Amendments
Board says/does: Major changes require 75% (446) owner vote
But also: Board creates binding rules by 3-5 person "resolution"
Source: Declaration Art. VI §3; Board Minutes
22Ultra Vires Enforcement
Board says/does: Board authority: "Common Area...thereon"
But also: Board regulates private property, driveways, home use, and more
Source: Bylaws Art. VII §1(a)
23Misleading Amendment Document
Board says/does: Website document about amending covenants
But also: Presents process as simpler than actual 75%/85% thresholds require
Source: CVHOA Website
24STR 67% Threshold Buried
Board says/does: 67% owner vote required for use restrictions
But also: Critical legal requirement buried on page 3 of STR report
Source: CRS §38-33.3-217(4.5); STR Report
25Ugarte Records Refusal
Board says/does: CRS §317 requires records within 10 business days
But also: "No further communication on this subject is required or desired"
Source: Jan 2026 Correspondence
26Unlawful Records Policy
Board says/does: Statute requires no justification for requests
But also: Website policy imposes conditions not found in CRS §38-33.3-317
Source: CVHOA Website 2025
2712 Procedural Failures
Board says/does: Law provides clear process for records requests
But also: 12 documented failures in single records request to Ugarte
Source: Ugarte Records Denial Documentation
2819+ Liens Filed
Board says/does: Liens should be last resort after due process
But also: 19+ liens in 3 years from a 595-home community
Source: El Paso County Records 2023-2026
29Attorney Cross-Notarization
Board says/does: Notarization should be independent
But also: Schmidt and Patin notarize each other's lien documents — both are residents and board members
Source: County Lien Records
30Three Foreclosures
Board says/does: Foreclosure is extreme remedy
But also: Three foreclosure actions (EPC201002779, EPC201100428, EPC202300002) over assessments as low as $24
Source: El Paso County Court Records
31Homestead Waiver
Board says/does: Homestead exemption protects your home
But also: Declaration waives homestead exemption, allowing HOA to pursue your home for any amount
Source: CVHOA Declaration
32Attorney Wears All Hats
Board says/does: Roles should be separated for fairness
But also: Schmidt: drafted rules, sent violations, served as counsel, board member, enforcement officer
Source: Board Minutes; Correspondence