ROYDEN USES ATTORNEY HUNTER FOR HIT JOB
The following is an email that was sent to ALL Royden members from Michael Hunter of the Horrack Talley Law firm. You can follow his drivel in the Observers HOME/DESIGN Section on Saturdays editions.
This guy is a proven QUACK!!!
His email was a hit job put out by the President and BOD to “marginalize” a member, who was seeking access to Books and Records and 5 years of financial records. The bracketed statements have been added to note the many FALSE statements. The ad hominem attack by the HOAs’ attorney displays the ends the CORRUPT HOA will go to to squash member dissent. Hunter only has one objective in mind!!11 ATTORNEYS’ FEES!!!!! And homeowners are not in a position to support their voracious appetite…HOAs’ ARE!!!!!
Here’s his email to all members put out by the BOD,,,,,
I cannot tell you what the risk is for an HOA board that issues incomplete and false financial information, since none of my clients have ever been sued for such. Normally I would suggest that you ask the HOA’s insurance carrier, but thanks to your actions, the HOA no longer has directors and officers liability coverage. (FALSE!!!!)
When a homeowner sues an HOA, it usually is to recover money damages claimed by the homeowner as a result of some action taken by the board, or to seek an injunction – a court order requiring the board to do or stop doing something. (FALSE-GOOD LUCK TRYING TO GET A COURT TO HEAR A HOA COMPLAINT IN NC)
I see nothing in your list of grievances that leads me to believe that the current board has engaged in any conduct that is harmful to the members of the HOA, and certainly nothing that would lead me to believe that you personally (or any other homeowner) has suffered monetary damages.
(FALSE: Over $300,000.00 in unapproved Assessments OVER A 10 YEAR PERIOD!)
Yours is a small HOA, with dues of only $325/year, (FASLE-Annual dues have a Maximum of $210.00, per the COVENANTS)
and with minimal responsibility. From what I can tell, (QUACK!!!HAS NOT EVEN READ THE COVENANTS)
the only property the HOA is required to maintain is the entrance ways and some street signs. Self-managed HOAs like Royden rely solely on unpaid volunteers, whom often are not familiar with formal corporate procedure and lacking formal accounting training. (FALSE-ACCOUNTING FOR THIS HOA REQUIRES AN UNDERSTANDING FOR BALANCING A CHECK BOOK, NOTHING MORE!!)
Their meeting minutes may not be perfect, the accounting procedures may not necessarily conform to GAAP, but they usually get by just fine. (NO MEETING MINUTES, THEY DON’T KNOW GAAP, AND HAVE GOTTEN IT WRONG FOR 10 YEARS)
I have read with amusement (and sadness) your “newsletters” to the community. Your communications are inflammatory and defamatory. They are rife with misstatements of facts and the law. They are most definitely destructive to the fabric of your community, and probably harmful to homeowners’ property values. To read your newsletters, one would think you had uncovered the next Enron scandal. Your actions are certainly not helpful to the board, the HOA, or your neighbors.(FALSE-HOPE HE READS THIS BLOG POST)
For two years you have been threatening to bring legal action against the HOA. (TWO LAWSUITS LATER FILED)
What are you going to ask the court or arbitration panel to do for you? I see no evidence or claim of monetary damages. Your statements hint about a “missing” $4,000, which I interpret as a veiled accusation of misappropriation or embezzlement, but you stop short of actually calling it that. (OK, CALL IT MISAPPROPRIATION, NOT CONSTRUCTIVE FRAUD)
I see no evidence of “false” financial statements.(BECAUSE YOU HAVEN’T LOOKED)
Even if you can prove to the judge or panel that there have been some irregularities in the financial reporting procedures, and convince them to order a restatement of the financial reports for the past year or two, what have you accomplished other than costing yourself and the HOA thousands of dollars more in attorney’s and accountant’s fees? (THIS IS HOW THE HOAS’ THWART DISSENT…..YOU CAN’T AFFORD THE ATTORNEYS’ FEES AND WE WILL BURY YOU!!)
In my opinion, there is nothing the board can do or say that would satisfy you. I believe that the sole reason you are pursuing this course of action is because you have too much spare time on your hands, it entertains you, and it feeds your ego. Your smug demeanor at the annual meeting this past Saturday confirmed that for me. (REMEMBER, THIS IS THE ROYDEN ATTORNEY ADDRESSING A MEMBER VIA THE HOA EMAIL TO ALL MEMBERS-AN OPEN BREACH OF PROFESSIONAL CONDUCT AND A CLEAR ATTACK ON A HOMEOWNER BY THE HOA ATTORNEY. THE MEMBER WAS PRESIDENT AND SERVED FOR OVER 7 YEARS AND HAD WORKED WITH HUNTER WITH DISASTROUS OUTCOMES!!!)
In response to your other question below: had you not left the annual meeting early, you would have heard me suggest to the members that they to go to my blog for an article discussing the pending HOA legislation.(BLOG IN COMMON ELEMENTS-CHECK OUT HIS ARTICLES ON-“HOA MUST PROVIDE FINANCIAL INFORMATION”-ROYDEN HAS NOT COMPLIED FOR THE PAST 6 YEAR!!!!)
I have also been asked to respond to your most recent request for access to the records relating to this past Saturday’s annual meeting. You asked for the vote count “by phase”. As I explained to you in the meeting, there is only one HOA, with only one class of members. There is nothing in the Declaration or the HOA’s bylaws that gives owners in different phases different voting rights or assigns them different classifications. For purposes of voting on HOA matters, an owner’s “phase” is irrelevant.(FALSE-ROYDEN IS COMPRISED OF 3 SUBDIVISION HOAS’, EACH SUBDIVISION HOA DEFINES MEMBER BY PHASE) THE DECLARANT ALWAYS HELD VOTES BY PHASE, AND HIS FIRM ALSO CALLED FOR VOTING BY PHASE IN A FAILED COVENANT AMENDMENT)
Attorney Michael Hunter-Horrack, Talley et al