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HomeMy WebLinkAboutBOCC Packet 01272010 Additional ExhibitsADDITIONAL EXHIBITS SUBMITTED AT THE JANUARY 27, 2010 PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING EXHIBIT AGENDA ITEM EXHIBIT DATE NO. A Public Comment � Copy of letters handed out 1-20-2010 and door to door by Sean Kiuttu 1-25-2010 #213 of the Woody Creek Subdivision to his nei hbors ATT'ENTION BOCC 1-25-2010 I am forwaxding copies of letters, that I have been handing out door to door, to the commissioners office in the hope of having BOCC further involving themselves for the betterment of all Woody Creek homeowners Sean Kiuttu #213 Woody Creek Place, Woody Creek Co PH#618-8234 � ' ATTENTION HOMEOWNERS 1-24-2010 It is imperative that you understand that the consequence of being behind 90 days on Woody Creek Homeowners dues your home will be foreclosed on. Thursday, January 21 st I spoke with Pitkin Housing Authority who made me aware of the consequences of a 90 day delinquency of home owners assaciation dues bringing about foreclosure on properties in Woody Creek. After thinking about what was explained to me, about the lien and foreclosure process. I returned on Friday morning, January 22nd at�d asked Pitkin Housing Authority to confirm what had been explained to me the prior day about the consequences of being delinquent 30, 60, and 90 days. The HOA board has overspent their budget, and is obligating individual homeowners to cover this, several of the Woody Creek HOA board members intent are to file a lien and then foreclose after a homeowner has received their letter of being delinquent of HOA dues for 90 days. Here is the process as I understand this. also the housing authority are not attorneys and are not speaking as such, nonetheless are a good source of information. Here is the process as I understand it. 1. 90 day letter of delinquency is received. A lien is then filed for past HOA dues, with late penalties added and the cost of filing, as well as attorneys fees. A normal attorney hourly charge is several hundred dollars. If you think the HOA monthly fee of $360 stacks up quickly, and are feeling overwhelmed, then be prepared to be engulfed by what is coming next. 2. The lien is granted. You no longer have legal ownership of your property. Although you physically reside there. 3. Lien is now available to be bought by second party. Pitkin County Housing Authority has first rights to buy lien. Followed by �Aspen Community bank, and Also other Woody Creek homeowners, including boaxd members. 4. An example of this is, an existing Woody Creek homeowner decides to buy your property lien for $1500.00 to $5000.00. And then files for foreclosure due to non payment. Foreclosure occurs in possibly 120 days. The lienholder finances your property for the balance owed to the bank. Not what the propertv is valued at with Pitkin Housin� Authoritv. You will lose all equi in your home. Your home will not go to lottery to be sold for its value. It will not be auctioned to the highest bidder, if you are foreclosed on you will receive nothing but an eviction notice. 5. In my case, my circumstance are such that my home is valued at $185,000, I have $49,000 of equity. And I owe $136,000. To Community bank. I currently owe $1420.00 of past HOA dues minus penalties and interest. A very real possibility, is that A HOA board member buys my possible property lien of $1420.00 and forecloses on me, then finances my balance of $136,000 to community bank. I will be evicted with nothing. I will lose my $49,000 in equity. While this has not occurred, again is a real possibility. Remember this originated from a possible $1420.00 lien minus penalties, most likely due to our HOA board going over budget by a half a million dollars. I will lose not only my home, but all my equity: If you value vour home and your equitv, pav vour HOA dues. If vou don't, vou ean and will lose both. I have outlined the consequences of not being current on dues to the best of my ability, I would advise a11, 40 to 50 percent of homeowners that I believe, that are at risk. I would like to see homeowners to make themselves as informed as possible, I am doing the best I can for myself and others. a good place to start would be, by attending HOA meetings, and Contacting Alpine Legal Fund. Time is of the essence, as of Februarv 5�' a 90 day letter of delinquency ma�be sent to the homeowners that are in this situation. The boaxds intention is to turn this matter over to attornevs and the�will no lon�er be involved or take responsibilitv for any harm that comes from the end result. Every homeowners counts, and deserves to be heard. I believe that the more people that are aware of the situation and get involved, will likely lead to a better solution. The HOA board has said their primary goal is to raise money to pay the monthly obligation to the bank and will void penalties, and late fees if a homeowner gets current on their overdues. At the next HOA meeting, Tuesdays January 26�', I am going to ask for this pledge in writing, I am also going to ask for a written pledge that no current board member exercise their very real option to buy a foreclosure in Woody Creek, as this would be an enormous conflict of interest. I believe the HOA board has acted irresponsibly in going over budget by nearly a half million dollars, and it is not out line to ask for these two commitments in writing. I am speaking as a homeowner and not as an agent for the board Sean Kiuttu #213 Woody Creek Plaza. Ph#618-8234 . ATTENTION HOMEOWNERS 1-20-2010 This is a letter for people that are having various levels of financial difficulty, and also to give a better understanding of the actions the HOA board is taking and planning to take in the future. Also attached is a list of numbers, for financial assistance, this has been helpful to me. Others in the valley are awaxe of Woody Creeks financial quandary. and are helping. For many years homeowners that had gotten behind on HOA dues were threatened with liens. Normally the worst the case scenario was a lien that was collected when a home was sold. This is no longer the case. The HOA does not have this flexibility any longer. Because of not having an accurate idea of the fmal cost of the infrastructure and improvements, and unforeseen overspending, . The HOA has taken a loan with community bank to cover the overages. This is a concrete commitment that needs to be met every month. An example now of not paying HOA dues are now being handled similarly to not paying mortgages. With the same consequences. The HOA board now, under the guidance of attorney Tim Whitsett, is carefully following procedures as to avoid counter claims. To the best of my understanding these things will follow. 1. A 30 day letter of delinquency. With possible penalties. I think this may have been sent 2. A 60 day letter of delinquency. Possible penalties with lien 3. A 90 day letter of delinquency. Possible penalties with lien 4. Acting on liens leading to Possible foreclosure to pay outstanding debt. This is real and being put into effect. Contact The board, or property management. Come to a board meeting and ma.ke board members aware of your situation and how you plan to deal with overdue HOA fees. My experience is they are sincere and more than willing to work with people showing initiative to solve this dilemma. I do not feel the board is doing this with malicious intent, or forethought, and quite the opposite. They have given their time in the spirit of making Woody Creek a better place to live, and are making tough choices. Also elections are coming, it is important to be involved with this and possibly get more accurate information. The board has overseen a budget, and then has exceeded the amount, with an end result that multiple people are at risk of being foreclosed on. I am writing this as a homeowner and not as a agent of the board, this letter is an attempt at passing along helpful information . Sean Kiuttu #213