Recently, a local group left flyers at Pine Creek houses regarding a home in Pine Creek. There are several errors of fact on this flyer your Pine Creek Board believes must be corrected.
Every Pine Creek homeowner is bound to the same community guidelines; those guidelines are readily available on pcva.org and are available to a potential homeowner before purchasing a home in Pine Creek Village. The elected volunteers on the PCVA Board have a legal and fiduciary responsibility to the 1424 homeowners of Pine Creek to enforce guidelines fairly and to the best of their ability. The Board does not consider an occupant's position in the community, their religion, or other personal attributes when administering PCVA guidelines or Association responsibilities under Colorado law.
The step-by-step process of notifying a homeowner of violations to PCVA guidelines is also available on pcva.org. Homeowners have many chances to respond and correct such violations, and--after courtesy notifications have failed--fines are levied on the homeowner to prompt such a correction. Homeowners may disagree with the guidelines or disagree with the application of those guidelines; the Board is available to hear a homeowner's response to the Association's action against a homeowner. However, the Board does not have the power to change guidelines to satisfy a homeowner--it requires a vote of 67% of all homeowners to make such a change. In other words, the Board is BOUND by LAW to the guidelines as legally recorded. If the homeowner continues to fail to comply, the Association will use the courts to compel compliance; the homeowner has that opportunity to prove to an unbiased judge whether the Association has overstepped or wrongly applied PCVA guidelines.
Foreclosure is not a direct response to a violation of PCVA guidelines. Rather, foreclosure is a method that PCVA can use to collect a monetary debt pursuant to the statutory lien allowed in C.R.S. 38-33.3-316.
As one of the Board's responsibilities to all homeowners, debts owed the Association are collected in a legal manner; the PCVA process is neither unusual nor arbitrary. Foreclosure is used to recover a debt to the Association and is not a direct response to violations of community guidelines. PCVA will foreclose to recover a debt after other attempts at debt recovery have failed.
There are NO known current violations on the house in the flyer; all past violations have been resolved using the process described above. There are no current or impending foreclosures of the house referenced in this flyer. Any suggestion or accusation the Board has targeted this home or occupant or acted outside its legal and fiduciary responsibilities is false.
Please do not phone or email the MSI office; neither MSI nor the Board can change or stop something that IS NOT happening.
Your PCVA Board of Directors