ROYDEN-MEMBERS WITH MORE MONEY THAN SENSE!
Continuing THE SPOTLIGHT ON ROYDEN-ROYDEN IS CORRUPT series, below is the litany of violation of NC Law, the HOA Covenants and simple laws of due process that the Royden Board of Directors have foisted upon an apathetic and indifferent members…which….HAS MORE MONEY THAN SENSE!
Here is a list of the Royden HOA violations as of 8-11-16
ROYDEN HOMEOWNERS ASSOCIATION
LIST OF VIOLATIONS, BY THE BOARD OF DIRECTORS,OF SUBDIVISION COVENANTS, CONTROLS AND RESTRICTIONS AND N.C. LAW (8-11-16)
1. Improper Creation of Lien-Personal Obligation in the fixing of the members’ Maximum Annual Assessment for over 10 years.(Article IV-Covenant for Maintenance Assessments)
2. Failure to administer the Special Assessment Provisions of Article IV for over 10 years.
3. Failure to administer the 10% Contingency Reserve Credit for over 10 years. (Article IV) with reserves reaching over $45,000.00 with a covenant maximum of less than $3,000.00.
4. Failed to administer the requisite notification provisions of Article IV by not adhering to the May 1 fixing requirement, improper use of assessment ballot, use of email and not USPS invoicing.
5. Commenced in an unapproved, failed legal action , seeking to change a walls paint color, against a member holding a front entrance easement. HOA incurred over $300,000.00 in legal fees, over 4 years, falsified financial reports with a disastrous result of more restrictive, maintenance only easement agreement, foreclosing any future upgrades to the dated stucco wall structures.
6. Allowed Board members to misappropriate funds, by refusing to disclose the incidents and provide legally required financial statements, with cash flow reconciliations, amounting to an estimated fraud level of over $10,000.00 over five years.
7. Refused to allow third party arbitration of member grievances on the litany of compliance violations.
8. Engaged in libelous maligning and attorney driven derisive, error filled, ad hominen attack email, to all members. Imposed sanctions against the member, without member participation. A NC court ruled the prose homeowner was a “vexatious litigant, resulting in over $6,300.00 in sanctions (using a Rules of conduct provision title a 12(B) 6 violation-Failure to state acclaim for which relief can be sought).
9. Operate with a minimum of transparency by holding secret, non-member attendance meetings, no board meeting minutes or meeting dates published on the HOA website and no member access to the HOA books and records, as required in the by-laws.
10. Hold annual rigged board of director nominations with repeat term directors nominated with the number of nominations equal to the open slots and the miss-use of proxies to allow for repeat terms. One Board member has been re-elected for over 12 years without any opposition.
11. Failed to provide ANY financial statements, in violation of NC Law, for the years 2011, 2012, 2013, 2014 (miss-appropriation of funds period) as well as incorrect and incomplete financial statements for 2015 and 2016 (No Cash Flow, no bank reconciliation and simple check book balancing errors.
12. Attempted (defeated) a deceptive by-laws and CCRS’ revision under the guise of being a covenant consolidation while in effect was a dramatic change from a “common area maintenance only” HOA to an HOA with fining powers, given to the BOD, for member landscaping violations.
13. Implemented new By-laws, originally designed for the revised covenants, totally out of synchronization to existing covenants, passed with vote tampering and BOD calling members directly soliciting votes.
14. Repeatedly used member funds for non-approved legal fees against covenants provision and prior board resolutions calling for using attorneys only when legal action taken against the HOA (represent only clause) by a third party.
15. Implemented Covenant amendments without proper resolution presentation designating the old covenant section and language and the amended covenant section and language.
16. Consistently engaging in using restricted annual assessment funds, designated for common area maintenance only, for limited attendance “social” activities, such as catered parties for board members and friends ,outside of the scope and purpose of Article IV exposing members and participants to potential large insurance risks and exposure.