ROYDEN HOA WEAVES A CROOKED WEB
OH WHAT A TANGLED WEB WE WEAVE, WHEN FIRST WE PRACTICE TO DECEIVE.-SIR WALTER SCOTT
Say it’s not so!!! How can an elite neighborhood like Royden, with a volunteer board, be labeled CROOKED, LYING AND LAWLESS!!!! (CURRENT TRUMPIAN VERNACULAR TERMS)
Continuing our homeowner/member education and advocacy we offer the following.(Also on Associationbusters.com)
Just read the President’s letter of June 18, 2016!!! The Royden Board is caught in a web of deceit and can’t extricate itself by simply telling the truth….It reads as follows:
“COVENANT CONSOLIDATION-” we were able to have an attorney draft a consolidated covenant document that reflects our stated approach” (LIE#1)
and ” instead of the HOA having to pay its insurance deductible of $1000.00″….”the court ruled that the plaintiff was a “vexatious litigant” “filing meritless motions earned him the right to pay the HOAs’ entire legal costs” sic ($6330.00), LIE #2
SPOILER ALERT—-ALL YOU MEMBERS THAT THINK $320.00 IS A CHEAP ANNUAL DUES, ARE FREE TO LEAVE NOW. WE UNDERSTAND YOU HAVE MORE MONEY THAN SENSE!!!!
These are bold faced LIES!!!!!!!…Here’s why….
LIE#1/LIE#2-THE COVENANTS HAVE ALREADY BEEN CONSOLIDATED BACK IN 2004!!!!AND.WERE THE SUBJECT OF LAWSUITS THE RHA D&O ATTORNEYS SPENT $30,000.00 &FAILED TO DEFEND IN COURT.
Here are the FACTS and Royden background info:
The Plaintiff has lived in the Royden subdivision since 1987, over 29 years.
was the Vice President of the Founding Board of Directors in 1987′.
designed and implemented the Member Ballot System used for FIXING the Royden ANNUAL ASSESSMENT used by Phase I/II.
(and incorrectly being used today), The correct Annual Assessment process is found in Article IV of the consolidated covenants.
served for 5 years as President and Treasurer, through 1992.
was not part of the RHA Board during the merger of Phase III and IV in 1994.
The covenants were not changed in 1994, as was required.
In 2002 he was again elected President and served until 2004.
He had two major initiatives for his return: Consolidate the 3 subdivision covenants…and, Redesign the front entrance to a Upscale Brick facade!
The Covenants were Consolidated in 2002, but the Board did not approve of the $1000.00 Legal fee Special Assessment, Consolidation was deferred.
Mainly because Article IV had a Minimum Annual Assessment of $210.00 and the Annual Assessment back in 2004 was much less at $180.00, so the project would wait.
The member ballot system was in total compliance to Article IV in 2002-2004.
The 2004 Board was then given an entrance upgrade proposal for a $25,000.00 Special Assessment, to redo both front entrances, in Brick,
This upgrade was also turned down. Instead the Board decided to only Paint the Stucco a different color
His term ended, the wall Paint issue was stopped by the easement holders refusal to allow color change.
The subsequent Boards never implemented the completed Covenant Consolidation project…and instead,
filed a legal action, without approval, against the easement holders to get a color change!!!!!
AND WE ALL KNOW HOW THAT TURNED OUT $300,000.00 LATER!!!! SAME COLOR!!! and ROYDEN IS STUCK WITH STUCCO!!!
After losing the easement lawsuit, subsequent boards significantly modified the Member Ballot Annual Assessment Process such that it NO LONGER met the 1994 merger terms of Article IV-Covenant for AA.
So, say it isn’t so , becomes LIE#1, Lie #2….
LIE #1-THE COVENANTS HAVE ALREADY BEEN CONSOLIDATED-WITH ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS REPLACING THE PHASE I/II MEMBER BALLOT SYSTEM THAT SHOULD HAVE BEEN DISCONTINUED IN 1994 AND 2004 IN FAVOR OF ARTICLE-IV!!!!!
LIE#2 -The Royden Board never revealed to the members, for over 3 years, that D&O claims had been filed and that the claims against the board involved…THE CONSOLIDATED COVENANTS AND ARTICLE IV.-Covenant for Maintenance Assessments.
Since 2004, he has been fighting with the various Royden Boards. Boards,The insurance deductible referred to, is for the TWO…not one but TWO….Directors and Officers Insurance Carrier claims that the Royden Boards filed, over a four year time frame, of legal battles….At least six, yes six court appearances and probably over $30,000.00 in Legal Fees, were paid by the D&O Carrier, to defend the HOA against s CLAIM(S)…….And what were the CLAIMs that were never reported to the members!!!!!
He had the audacity to claim that the Royden Boards’, since 2004, had violated the Covenants, Controls and Restrictions, provided for under Consolidate Covenants provisions of ARTICLE IV -COVENANT FOR MAINTENANCE ASSESSMENTS in the fixing of the all important Creation Of Lien-Personal Obligation provision during the ANNUAL ASSESSMENT PROCESS…
Also that the Royden Boards had violated the ANNUAL ASSESSMENT FIXING PROCESS for over 10 years (CONSTRUCTIVE FRAUD)..the appropriate statute of limitations..
.Basically every provision of the consolidated covenants, Article IV was violated..(Purpose, Maximum $210.00, May 1 Notification, Special Assessments, 10% Contingency reserve, Certificate of Payment, Issuance of financial statements, fraud etc..etc)
So What was the COURT verdict!!!!!!! The Clueless President appeared in court, with the RHA lawyers, multiple times. Inexplicably he could not even answer the simple question… What is the Royden covenant for the fixing of the ANNUAL ASSESSMENT!!!! …stumbles and stammers later…..ALL OF THEM, he declared!!!!!!…Sure!!! CLUELESS is being kind!
The new President (Cable guy), even lied in an affidavit to the court. He was familiar with the Royden Covenants (no way) and..get this…Annual Financial Statements had been made available to members for every year!!! BOLD FACED LIES!!!
So what happened…Did the RHA win!!!!! NO!, he Lost! By a tricky legal maneuver……Article IV was never adjudicated by a judge or Jury. Instead, the D&O attorney’s used a NC Rule of Civil Procedure called a 12(B)(6) motion (Failure to state a claim for which relief can be sought). The First Claim was denied.
So tried again, getting legal assistance from various lobbying groups and restating the consolidated covenants claims in more legalistic terms.
R tried again, with a structured claim a year later. Before “clueless” and “cable guy” could testify, the D&O carrier filed a motion for SANCTIONS against Rinaldi one day before trial!!!!
The RHA claimed that the first Claim had already been adjudicated with the 12(B)(6) ruling. Let’s do this slowly…the first claim was thrown out because it was mnot stated properly…now the second try at stating the claim properly, is thrown out because the plaintiff is a “vexatious litigant”!!!!!!!! The RHA sued Rinaldi for Sanctions, without advising the members….
THe RHA WON again. No RHA Board member ever testified, no exhibits were allowed…FINI……..WHO WON……..The Lawyers Won…Royden is still lawless and is out $10K…..
R will pay $6330.00 on Sept. 1, 2016. Members can consider this his contribution to keep Royden an ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS COMMUNITY.
Untill the RHA Board implement the consolidated covenants and Article IV-Covenant for Maintenance Assessments…….. we are a LAWLESS HOA!!!
What’s Coming Next!!!!! See Lie 1…
COVENANT CONSOLIDATION-” we were able to have an attorney draft a consolidated covenant document that reflects our stated approach” (LIE#1)
.Remember what the former RHA Secretary “of yards” and her cohorts tried to do, with a sleight of hand trick in the name of “consolidating the covenants” in 2011. The Board and their lawyers unsuccessfully tried to change a “Common Area Maintenance, ONLY” Community to a Fine wielding Board, with POWER to levy fines if yards did not meet HER standard……Believe it, they are going to try again!!!!!!
The next shoe to fall will be a new CONSOLIDATED COVENANT project.
Be aware, has given the Board the CONSOLIDATED COVENANTS and offered to assist them in understanding its simple genesis.
We doubt if they will call him even though he has invested over 300 hours of time and $10K in legal fees!!!! THEY WON’T CALL!
Think about it…They spent over 4 years and around $30,000.00 fighting the Article IV-Covenant for Maintenance Assessments provision! Do you really think they now will sayHe was right and decide to follow Article IV-Covenant for Maintenance Assessments, the controlling covenant of Phase III and IV and, by merger agreement, Phase I/II…
.BTW… He tried to settle on this basis, but to no avail.
He has been forced to go public. Now you can view Royden’s sad state of affairs at associationbusters.com and possibly even in the Observer and a National Publication such as the Wall Street Journal.
The Royden model being played out is typical and a National “LAWLESSNESS” associated with membership in a HOA…Consider this from a recent anti-HOA publication,
The HOA industry, led by trade group Community Associations Institute (CAI), has maintained for nearly 5 decades that the relationship between homeowners and their Association is contractual. The industry argues that HOA Boards and the managers they hire are not considered “state actors” working for the local or state government, but rather volunteers managing the HOA Corporation like a business. Therefore, CAI’s argument has been that Constitutional protections guaranteed by the 14th amendment – including our Bill of Rights – need not apply, because the owners “agree” to the terms of the restrictive covenants by the mere act of taking title to a home within the boundaries of the HOA.
A little known fact: at the time an HOA is originally created, no state or federal government agency reads, reviews, or approves the restrictive covenants. The problem is, some of those restrictive covenants and the Board-enacted rules based upon them can be unreasonable, ridiculous, or even unconstitutional.That means it becomes the homeowner’s problem when the HOA Board oversteps its authority, either by enforcing restrictions and rules that are invalid, or grossly misinterpreting the HOA governing documents or statutes. The only way to challenge the HOA is to file a civil suit, and that can drag on for years and rack up a legal bill of 5- or 6-figures.
The Royden HOA is a quasi private Government, members have no right to due process or equal protection under the law (14th Amendment). That’s how FEE HUNGRY attorneys like Michael Hunter become the bottom fishers for HOA’s fighting individual homeowners…They know the system is RIGGED!!!! and volunteers, like out Royden neighbors serving on the Royden Board, will do their bidding, while the apathetic membership keeps writing their “small” checks.
That’s how Roydens’ Check book challenged Treasurer (a lawyer) can get by with lying about year end financials, exclude cash flow and beginning and ending bank balance reconciliation and claim he “forgot” about several checks that cleared that he did not include in his financial statements. Sheer incompetence and clear opening for the same fraud that has occurred for years, costing Royden an estimated $10,000.00. Besides under Dr. Devious’s failed leadership, a lawyer, also was treasurer and helped him falsify financial records for four years. Withholding $197,000.00 in legal bills till the case was lost!!!!!! That’s why Royden is STUCK WITH STUCCO!!!!!WALLS! and ORBS MATTER!!!!
OH yes, about SOCIAL PROGRAMS !!! Roydens’ Article IV specifically defines how Annual Assessments are to be used…COMMON AREA MAINTENANCE ONLY . The HOA is not a Social Program provider and cannot take the liability risks associated with a death caused by a “Halloween bouncy house” paid for by the HOA that will then be passed on to each homeowner..
.The current CCR’s, or LAWS of the HOA only gives the Board power over COMMON AREA MAINTENANCE AND ……….ARCHITECTURAL CONTROL………WHAT’S THAT YOU ASK??….READ THE COVENANTS….HAVEN’T YOU BEEN TOLD ABOUT PAINTED BRICK FACADES!!!!! DOES A COMMITTEE EVEN EXIST!!!NAH………Just another SECRET to be held from the members with no posting of minutes on the “very useful” website!!!!!!
YOUR CHOICE…BE INFORMED OR PAY THE $320.00, AND LET SOMEONE ELSE WORRY ABOUT THAT………..NATIONS GET THE GOVERNMENT IT DESERVES! ..de TOCQUEVILLE………………..
Proudly, the “Vexatious Litigant,”
Our Government may be able to lie to us, but we’ll be damned if we let our neighbors lie to us!!!!