HOAs differ in dealing with late holiday lights

Comstock Village Homeowners Association in Rockrimmon warned its residents in a newsletter that “in accordance with city code” Christmas lights must be taken down “90 days after they are put up.”

But Ken Lewis, code enforcement administrator, and Ginna Sanders of the zoning department, say Colorado Springs has no rules governing when Christmas lights may be hung or must be removed.

Comstock board member Bill Schmidt, a volunteer, said he inserted the Christmas-lights warning in the newsletter after talking to “someone at City Hall” a few years ago. He said future newsletters will not include the warning.

“We had people who would leave their Christmas lights up year round,” Schmidt said. “We’re just trying to protect property values.”

Other associations do more than issue warnings.

The Miller’s Crossing Owners Association, which governs about 150 homes on the city’s

southeast side, is aggressive.

A neighborhood couple, Kim and Huy Nguyen, faced a lawsuit, fines of more than $2,000 and a lien on their house stemming from their failure to remove Christmas lights quickly.

“This is absolutely and positively a case of abuse,” said Jan Doran, longtime neighborhood activist who intervened on behalf of the family.

The Nguyen case started in January 2005 when the family was slow taking down their holiday lights. The association sent a letter warning them to remove the lights or face a $50 fine. The Nguyens, however, say they never got a letter and no record of it exists in management-company files.

It appears, from the Nguyens’ receipts, the management company deducted the $50 fine from the Nguyens’ 2005 maintenance dues, which they paid in advance. A one-time special assessment of $9.10 also was deducted from the dues.

As a result, the family was declared in arrears on the dues and fined $25, which compounded and grew to over $2,000, with legal fees.

The association put a lien on the house. Finally, the association sued the Nguyens, who are natives of Vietnam and naturalized U.S. citizens. They run a small nail salon on Las Vegas Street.

“Here’s a family that pays its dues, in fact they pay in advance, and because of a communication breakdown, they are facing a huge bill and lawsuit and a lien,” Doran said.

“This never should have escalated this way. They should have just talked to the family and it could have been easily resolved.”

Instead, the homeowners association and management association turned the case over to a Denver law firm, Hindman Sanchez, to prosecute.

But the case was dismissed, the day before the trial, after intervention by Debra Bechtol of ACCU, a Denver propertymanagement firm also known as Apartment & Condominium Concepts Unlimited, which now handles Miller’s Crossing.

“We took over the association from a previous management company,” Bechtol said. “When I learned about what was going on, I called the attorneys and told them to cancel the case.

“I told the attorneys they should never have sued over such a small amount. It’s ridiculous. It never should have gone as far as it did.”

Still, Doran said the family won’t relax until it receives a letter absolving it of the $2,000 in fines and late fees and releasing the lien on the home.

Loura Sanchez of Hindman Sanchez said the homeowners association has dropped all claims against the Nguyens.

“Should this case have been resolved sooner? Absolutely,” Sanchez said. “It’s a prime example of what happens when there isn’t communication between homeowners and the association.

“I assume if the lien hasn’t been released already, it will be done soon. It absolutely should be done,” Sanchez said.

TELL ME ABOUT YOUR NEIGHBORHOOD: 636-0193 or bill.vogrin@gazette.com