ROYDEN ABDICATES ARTICLE IV-CREATION OF LIEN COVENANT
As new volunteers took over the Royden Board, the search for additional power overwhelmed the Royden agenda and caused the association to disregard established Covenants, Controls and Restrictions established in 1987. A totally misguided, failed lawsuit, against a member easement holder was engaged, without member approval, for over 3 years costing the neighborhood nearly $300,000.00 in legal fees and the loss of control of the front entrances capital improvements. The Board has been relegated to the limited scope of only maintaining the front entrance common area. The loss of control, forced the Board to violate established Covenants and issuing incorrect assessments for over 10 years.
Below is the timeline on how Article IV-Covenant for Maintenance Assessments, was abdicated. An apathetic membership, totally unfamiliar with its HOA laws, continues to allow the BOD to flaunt its’ fiduciary responsibilities.
ROYDEN FAILURE IN CREATION OF LIEN
ANNUAL ASSESSMENT PROCEDURE
TIMELINE FOR the ABDICATION OF ARTICLE IV
COVENANT FOR ANNUAL ASSESSMENTS
1. ROYDEN IS COMPRISED OF THREE SEPARATE SUBDIVISIONS PHASE I/II, PHASE III AND PHASE IV I(ATT 1,2). THE TERM MEMBER APPLIES TO PHASE AND NOT THE HOA (ATT 3)
2. PHASE I/II WAS THE ORIGINAL SUBDIVISION OF 94 HOMES AND CALLED THE ROYDEN HOMEOWNERS ASSOCIATION
3. PHASE I/II HAD BY-LAWS AND COVENANTS (ATT 4)
4. RINALDI WAS VP OF THE PHASE I/II HOA IN 1987, ONE YEAR AFTER THE ASSOCIATION WAS FORMED. RINALDI WAS PRESIDENT OF PHASE I/II IN 1988, 1999, 2000, 2001.
5. PHASE III SUBDIVISION COVENANTS DEVELOPED JUNE 15, 1990 (ATT 5)
6. PHASE IV SUBDIVISION COVENANTS DEVELOPED BEFORE NOV. 3 1992 (ATT 6)
7. BETWEEN 1987 THROUGH 1994, PHASE III AND PHASE IV PROPERTIES PAID DUES TO PHASE I/II.RINALDI WAS PRESIDENT 2003-2004 AND FAILED TO GET BOARD TO RECOGNIZE ARTICLE IV AND CONSOLIDATE COVENANTS HE HAD DEVELOPED.
8. PHASE III AND PHASE IV HOAS’ MERGED WITH PHASE I/II OCTOBER 1994.ATT 7
9. NO EFFORT WAS MADE TO RE-DO PHASE I/II BY-LAWS TO REFLECT MERGER
10. PHASE I/II ANNUAL ASSESSMENT-CREATION OF LIEN AND PERSONAL OBLIGATION AMENDED IN FEBRUARY 1989 AND SPECIFIES ANNUAL AND SPECIAL ASSESSMENTS ARE FOR COMMON AREA PURPOSES PLUS TAXES AND INSURANCE, ATT 8.
11. PHASE I/II AMENDMENT HAD “ADDITIONAL PROPERTY CLAUSE” ATT 9
12. A BALLOT VOTE PROCESS FOR ANNUAL ASSESSMENTS WAS USED FOR PHASE I/II (CO-AUTHORED BY RINALDI AND PETER MIHALTIAN, FOUNDING PRESIDENT.
13. PHASE III AND IV SUBDIVISION ARTICLE IV (ATT 10) EXPANDED THE LIMITED LANGUAGE OF PHASE I/II, IN REGARD TO CREATION OF LIEN AND INCLUDED ARTICLE IV, IN THEIR COVENANTS, THE MAIN ISSUE IN THE COMPLAINT.
14. ARTICLE IV, MAXIMUM ANNUAL ASSESSMENT(SEC.3) HAS AN EFFECTIVE DATE THAT IS THE DEVELOPERS VIEWPOINT AS TO WHEN IT WOULD COMMENCE. THE JANUARY FIRST ELEMENT IS THE DATE THE ORIGINAL PHASE I/II BYLAWS REQUIRED FIXING (ATT 11). THE EFFECTIVE DATE THEN WOULD READ, EFFECTVIE JAN. 1 OF (1992, OR 1993, 1994 ETC. THE DATES THE DEVELOPER TURNED HIS LOT OVER TO ANOTHER OWNER. THE DECLARANT/DEVELOPER WAS BASICALY SAYING HE DIDN’T HAVE TO PAY AN ANNUAL ASSESSMENT ON HIS UNSOLD LOTS. THE FIX DATE WAS THEN CHANGED TO ASSESSMENT PERIOD, OR THE FISCAL YEAR, JUNE 1 TO MAY 31 IN SECTION 7, COMMENCEMENT,
15. ROYDEN BYLAWS (ATT 12)WERE IMPROPERLY CHANGED ON MAY 15, 2012 DURING AN ATTEMPT TO REVISE ALL COVENANTS. THIS DOCUMENT HAS NO COORDINATING ELEMENTS TO THE PHASE I/II BY-LAWS OR ANY OF THE 3 SUBDIVISION COVENANTS